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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

Search engine giant succeeds on plea of fair use

02 December 2013

The Authors Guild (plaintiff) claimed that by scanning more than twenty millions books, providing verbatim snippets of text to aid in searching and retaining scan copies of books, providing such complete scans to libraries, Google (defendant) had infringed their rights.

Divisional applications - EPO announces changes

02 December 2013

Amendments to Rules 36, 38, and 135 of European Patent Convention (EPC) are set to come into effect from 1-4-2014. 

Trademarks – Use not proved by registration alone

02 December 2013

Intellectual Property Appellate Board (India) has allowed rectification application of a confectionary major in respect of various trademarks of another major, concerning word ‘Eclairs’.

Jurisdiction of Central Electricity Regulatory Commission

02 December 2013

Central Electricity Regulatory Commission does not have jurisdiction to adjudicate a dispute between two licensees relating to charges for operation and maintenance of a part of inter-State transmission system which is owned by one of the licensees and operated and maintained by the other licensee for or on behalf of the former.  

Delhi HC rules on interest liability under Section 234B

15 November 2013

Reinforcing, perhaps, the significance of finer distinctions in fact situations and observing that tax laws have to be interpreted at times with a touch of equity, the Delhi High court in DIT –I v.

Third party payments allowed for import and export transactions

15 November 2013

Reserve Bank of India has allowed third party payments for import and export transactions. As per A.P. DIR Circular No. 70, dated 8-11-2013, such transactions shall be subject to the conditions such as availability of tripartite agreement, declaration in Export Declaration Form (EDF), mention in bill of entry and invoice, reporting of outstanding, etc.

Amnesty scheme to regularize export obligation default cases

28 October 2013

Indian Ministry of Commerce has prescribed a procedure for regularization of Export Obligation (EO) default cases under Advance authorization, DFIA and EPCG Schemes.

Factory canteens exempted from service tax

25 October 2013

Catering service provided in canteen maintained in a factory has been exempted from service tax. Notification No. 14/2013-S.T. dated 22-10-2013 has been issued by CBEC to insert entry no. 19A in the mega exemption Notification No. 25/2012-ST.

US not to impose countervailing duty on Indian shrimp

26 September 2013

The United States International Trade Commission (USITC) has, on 20-9-2013, determined finally that U.S. industry is neither materially injured nor threatened with material injury by imports of frozen warm water shrimp from India.

Services provided to educational institutions – Exemption clarified

26 September 2013

Services like hostels, housekeeping, security, canteen and transport services to ferry students are exempted from service tax if provided to an educational institution. These services are exempted if the same are provided in respect to service which is exempt/not liable to service tax.

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