News
Computers – All in one integrated desktop computer is not portable – Classifiable under TI 8471 50 00
18 一月 2023
The Supreme Court has on 17 January 2023 held that Automatic Data Processing Machines (‘ADP’) which are popularly known as ‘AllinOne Integrated Desktop Computer’ are to be classified under Tariff Item 8471 50 00 of the Customs Tariff Act, 1975 and not under Tariff Item 8471 30 10 ibid.
Recovery proceedings under SARFAESI Act will prevail over those under MSMED Act
10 一月 2023
The Supreme Court of India has on 5 January 2023 allowed an appeal against the decision of the Madhya Pradesh High Court which had held that Micro, Small and Medium Enterprises Development Act, 2006 ('MSMED Act') will prevail over Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act').
Sabka Vishwas (LDR) Scheme – Non-payment of settlement amount before stipulated date when not fatal
06 一月 2023
The High Court had declined to interfere in the dispute where the settlement amount under the Scheme could not be paid by the assessee before 30 June 2020
Use of trademark in form of translation or transliteration amounts to infringement
05 一月 2023
The Delhi High Court has reiterated that the use of the infringing mark in the form of a translation (same trademark but in a different language) or its transliteration, amounts to infringement. The Court in this regard observed that as per Section 29(9) of the Trade Marks Act, where the distinctive element of a registered trade mark consists of or include words, the trademark may be infringed by the spoken use of those words.
Design filing simplified – Public Notice for designs registration issued
27 十二月 2022
The Public Notice dated 16 December 2022, issued by the Office of Controller General of Patents, Designs, & Trademarks, Boudhik Sampada Bhawan, Mumbai, announced the much awaited and promised adoption of complete digitized e-filing and processing of design applications by the Designs Wing of the Indian Patent Office (IPO) in order to expedite the procedure of industrial design registrations in India.
GST Council’s 48th Meeting – Highlights
17 十二月 2022
The 48th Meeting of the GST Council was held on 17 December 2022 under the chairpersonship of the Union Finance & Corporate Affairs Minister. Few important trade facilitation measures including important measures for streamlining compliances in GST, as recommended by the GST Council, are highlighted
Trademarks – Argument of ‘family of marks’ available only to a Plaintiff
13 十二月 2022
Quoting with approval the book McCarthy on Trademarks and Unfair Competition, the Delhi High Court has observed that the doctrine of ‘family of marks’ is an argument available only to a Plaintiff asserting its rights and not to a Defendant to prove its defence against a Plaintiff’s intervening rights.
Digital Personal Data Protection Bill, 2022: Key Takeaways
23 十一月 2022
The Digital Personal Data Protection Bill, 2022 (the “Bill”) has been proposed by the Ministry of Electronics and Information Technology on November 18, 2022 for public consultation. This was released pursuant to the Joint Parliamentary Committee’s Data Protection Bill, 2021 (“2021 Draft”) and a series of drafts following the judgment of the Supreme Court in Justice K.S. Puttaswamy (Retd) v. Union of India.
TDS on indirect payments – ‘Commission’ includes both direct and indirect modes of payments
21 十一月 2022
The Supreme Court in the case of Singapore Airlines Ltd. v. CIT has held that provisions of Tax Deduction at Source (‘TDS’) under Section 194H of the Income Tax Act, 1961 would apply in case of commission paid by indirect mode of payment. The Court in this judgement dated 14 November 2022 observed that the word ‘commission’ is to be interpreted expansively, inclusive of both direct and indirect modes of payments.
Trademarks – International registration – Deemed protection under Section 35E(5) cannot be extended when opposition filed within time
09 十一月 2022
The Delhi High Court has held that in case of failure of the Registrar of Trade Marks to notify its acceptance of extension of the trademarks under international registration (under the Madrid Protocol) where India has been designated to the International Bureau, a deemed protection cannot be extended to the trademark where the same has been opposed within the time for notice of opposition.