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News & Briefings

The latest updates on relevant areas of law, curated by our team to be the most useful to clients as well as fellow legal practitioners.

News

Green dot inside a square symbolizing vegetarian food cannot be copyrighted

22 August 2014

Allahabad High Court has quashed the order granting injunction restraining the defendants-appellants (Apex Laboratories Pvt. Ltd.) from using the “green dot” on the label of the packaging of its product “Zincovit Syrup”.

No interest on provisional assessments made before13-7-2006 but finalized later

19 August 2014

Interest is not payable by the importer when provisional assessment was made before 13-7-2006 but the same was finalized much later. Provisions for interest on finalization of assessments were introduced under Section 18(3) of Customs Act, 1962 from 13-7-2006.

Deemed exports – Interpretation by Policy Interpretation Committee, prospective

18 August 2014

Bombay High Court has held that interpretation placed on 15th March 2011 by the Policy Interpretation Committee in respect of deemed export benefits would not apply to supplies made prior to such interpretation.

WTO Members fail to adopt the TFA protocol

07 August 2014

India’s food security programme has been in focus in WTO since the Bali Session and thereafter till 31-7-2014.

Anti-dumping duty – Extension after expiry of original notification, not valid

07 August 2014

Anti-dumping duty cannot be extended by amending notification issued after expiry of original notification imposing definitive ADD.

WTO’s Customs Valuation Agreement to be rectified

07 August 2014

English and Spanish texts of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (Agreement on Customs Valuation) are set to be amended.

Related party transactions - Section 188 of Companies Act clarified

28 July 2014

Prohibition of any related party from voting in any special resolution of the company to approve any contract or arrangement (as specified in Section 188 of the Companies Act, 2013) is applicable only to the contract or arrangement for which the special resolution is being passed.

Competition law – Relevant market and locus standi for moving CCI

28 July 2014

Competition Appellate Tribunal (COMPAT) on 4-7-2014 has held that there cannot be a restrictive ‘relevant market’ on the basis of a singular feature in the impugned goods (car in this case).

Bombay High Court upholds grant of compulsory licence for cancer drug

28 July 2014

The Bombay High Court on 15-7-2014 has upheld the decision of the Controller and IPAB to grant compulsory licence (CL) for a cancer drug.

Registration under Section 33(3) of Copyright Act essential to administer license

28 July 2014

The Bombay High Court on 26-6-2014  has held that only a society registered under Section 33(3) of the Copyright Act, 1957 (amended in 1994), can carry on the business of issuing and granting licenses.

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