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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

Transmission Licence – Fee reimbursement from beneficiaries

17 December 2013

The Electricity Appellate Tribunal has held that the transmission licensee, not paying any license fee prior to the amendment, is entitled to reimbursement of the said licence fee paid by it later and that the same can be directed to be passed through to the beneficiaries.

ITAT discusses FII’s loss on derivative transactions

13 December 2013

Is loss on derivative transactions assessable as business loss? This was the question before the Tribunal in Platinum Asset Management Ltd v. DDIT.

US Supreme Court to debug software patent eligibility

12 December 2013

12 December, 2013 The Supreme Court of US admitted the petition of certiorari filed by Alice Corporation to review the judgement of the Federal Circuit in CLS Bank Int’l v. Alice Corp.,717 F.3d 1269 (Fed. Cir. 2013). The petition prays for clarity and certainty in testing patent-eligibility of c

Consensus on global trade deal at Bali Ministerial meet

09 December 2013

Bali witnessed a meeting of minds and WTO members managed to agree on certain items of the vast agenda which was on the table.

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.

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