News
Royalty payments for use of patents post-expiry
22 December 2014
The Supreme Court of United States on 12-12-2014, granted Certiorari and will decide on the question of whether it should overrule Brulotte v. Thys Co., 379 U.S. 29 (1964), which held that a license agreement requiring royalty payments for use of a patented invention after the expiration of the patent term is unlawful per se.
Dross & skimmings not liable to excise duty – Bombay HC
17 December 2014
Bombay High Court has quashed CESTAT Larger Bench Order which had held that aluminium dross and skimmings are excisable goods in view of the Explanation to Section 2(d) of the Central Excise Act, 1944 which was inserted with effect from 10-5-2008.
FDI in defence sector
17 December 2014
The Department of Industrial Policy and Promotion (DIPP) has provided a list of defence items as finalised by Department of Defence Production, Ministry of Defence and has clarified that items not in the list, and dual use items i.e. items having military as well as civilian applications, would not require industrial license for defence purposes.
BIFR does not automatically lose jurisdiction once company gets revived
17 December 2014
The Supreme Court of India has held that after a reference is registered by the Board for Industrial and Financial Reconstruction (BIFR), all throughout the subsequent stages, BIFR has complete supervisory control over the affairs of such company till it is revived or the decision to wind up such company is taken.
Land Developer Scheme linking returns to land value appreciation is a ‘Collective Investment Scheme'
17 December 2014
SEBI has held that fund mobilizing activity of a company under the garb of real estate business for sale/purchase, development and maintenance of agricultural land is covered within the parameters of ‘collective investment scheme’ as defined in Section 11AA of the SEBI Act, 1992.
WTO upholds major claims of India in steel dispute appeal
11 December 2014
India achieved a significant victory at the WTO on December 8, 2014, as the Appellate Body has held that the Countervailing Duty (CVD) measures imposed by the United States against certain Hot Rolled Carbon Steel Flat Products are inconsistent with the provisions of the Agreement on Subsidies and Countervailing Measures (ASCM) of the WTO.
FDI Policy relaxed for construction sector
06 November 2014
The Indian Government has approved amendments to Foreign Direct Investment Policy (FDI) relating to Construction Development Sector.
WTO releases World Trade Report
06 November 2014
The recently released World Trade Report traces the growth of world trade through the world war eras and varying perceptions to protectionism and identifies four main trends which are of current importance -the rise of new economic powers, the spread of global value chains, the growing importance of commodities trade, and the deepening integration and volatility of the world economy.
Patent application when not deemed as abandoned
20 October 2014
Delhi High Court has held that where the applicant of the patent application had responded to the first as well as the second examination report, the application cannot be stated to be abandoned.
Trademark – Delay in action against alleged passing off is fatal
20 October 2014
A proprietor of the trade mark who knowingly watches his competitor grow in the market and takes no action can claim no exclusivity in his own trade mark.