News
No cartelization by asbestos cement sheet manufacturers
18 March 2014
Competition Commission of India has on 11-2-2014 in Suo-Motu Case No. 1 of 2012, held that there is no evidence to suggest cartelization by asbestos cement sheet (ACS) manufacturers and the provisions of Section 3(3) read with Section 3(1) of the Competition Act, 2003 have not been contravened.
Metallised yarn - A case on classification
14 March 2014
An importer praying for levy of higher amount of customs duty makes for a very good yarn. The case Best Key Textiles Ltd v. United States may not have settled the issue for once and for all as to what is metallised yarn but it provides an interesting insight into arriving at a classification and whether it can be argued that levy of lower customs duty is a trade rather than revenue tool.
Dominant intention and common parlance – Recent VAT orders
26 February 2014
In a spate of interesting judgements delivered recently, the Allahabad High Court provided refreshing insight into classification and taxability under VAT laws.
Seizing essence of IP protection
20 February 2014
Time and again the question of when and how Customs can aid in enforcement of IP rights has come before the courts. It was the CJEU’s turn, answering a reference by the Danish court, to interpret Council Regulation (EC) No 1383/2003 of 22 July 2003, on measures to be taken against goods suspected of infringing IPR.
Communication to public must be to ‘new public’
20 February 2014
Providing clickable links which lead the user to copyrighted material otherwise available to public is not unauthorised communication.
Use of keywords when amounts to commercial communication
20 February 2014
Examining damage to origin function, the advertisement function and the investment function of trademark when the word /mark ‘lush’ is used in the site of the online retailer (defendant) though the trademarked products are not sold , the High Court (UK – Chancery Division – Intellectual Property) upheld the claim of infringement.
Employees seconded to liaison office in India - FEMA not applicable
19 February 2014
Delhi High Court has held that expatriate employees of the Head Office (HO) of foreign company, posted in India with the Liaison Office (LO) in India, continue to be employees of the HO.
Competition law – Penalty on employee
19 February 2014
The Competition Appellate Tribunal (COMPAT) has upheld personal penalty on employees of the company after noting that the persons were involved in the process of taking coordinated action together with other producers/directors in boycotting multiplexes for release of films.
Third party payments for export/import transactions – Conditions relaxed
19 February 2014
The Reserve Bank of India has liberalized norms for third party payments in foreign trade transactions.
Interim Budget – Relief to certain sectors
18 February 2014
In the Indian Interim Budget 2014 certain changes have been made in the tariff structure in respect of excise and customs duties besides extending exemption from service tax to two sectors.