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We understand the constant need to stay informed about the latest developments in your field. In this section, we curate the most relevant and impactful updates covering developments in various laws.

Copyright infringement is a cognizable and non-bailable offense

Allowing an appeal against the decision of the Delhi High Court, the Supreme Court has held that the offense of copyright infringement under Section 63 the Copyright Act, 1957 is a cognizable and non-bailable offence.

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IGST not payable by Indian importer on RCM basis on ocean freight in case of CIF imports

The Supreme Court in its judgment dated 19 May 2022 has held that the Indian importer cannot be subject to the levy of Integrated Goods and Services Tax (‘IGST’), on reverse charge basis, on the component of ocean freight paid by the foreign seller to a foreign shipping line, in a case of CIF imports, i.e. where the cost, insurance and freight were initially borne by the foreign exporter.

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Trademarks – Domain name registration – No omnibus injunction against offerings by DNRs – Registries however to ensure that infringing domain names are not suggested as alternatives

The Delhi High Court has reiterated its stand of not granting any omnibus injunction to the domain name registries (DNRs).

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Arbitration – Group of Companies doctrine for inclusion of non-signatories – Supreme Court refers issue to Larger Bench

Dealing with an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’), the 3-Judge Bench of the Supreme Court has doubted the correctness of its earlier decision in the case Chloro Controls India Pvt. Ltd. v. Seven Trent Water Purification and number of subsequent decisions following it on application to the ‘Group of Companies Doctrine’.

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Reassessment notices issued under pre-amended Section 148, though issued after 1 April 2021, are valid – New procedure however applicable

The Supreme Court has, in its judgement dated 4 May 2022, held that the reassessment notices issued under unamended Section 148 of the Income Tax Act, 1961, but after the amendments by the Finance Act, 2021, are valid.

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Arbitration – Group of Companies Doctrine when bounds non-signatory to an arbitration agreement

The Supreme Court has reiterated that a party which is not a signatory to a contract containing an arbitration clause may be bound by the agreement to arbitrate if it is an alter ego of a party that executed the agreement.

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Phonetic identity is an important index of similarity; Tests of phonetic, visual, and structural similarity are disjunctive

The Delhi High Court while dealing with a suit for a permanent injunction observed that a phonetic identity or similarity is an important index of similarity or deceptive similarity of one mark against the other competing mark. It has also reiterated that the tests of phonetic, visual, and structural similarity or identity are disjunctive and not conjunctive.

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Insolvency – ‘CIRP costs’ to include only salaries of employees who worked during CIRP

The Supreme Court has held that the dues towards the wages/salaries of only those workmen/employees who actually worked during the Corporate Insolvency Resolution Process (CIRP) are to be included in the CIRP costs.

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Mere similarities will not come under the purview of copyright

The Kerala High Court has held that mere similarities will not come under the purview of copyright unless it satisfies the various clauses incorporated in Section 14 of the Copyrights Act.

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Insolvency – Distinction of decree holders from financial creditors is intelligible

The Supreme Court has on 11 April 2022 dismissed a Special Leave Petition against the decision of the High Court of Tripura at Agarthala, wherein the High Court had held that the distinction of decree holders as creditors from ‘financial creditors’ and ‘operational creditors’, is intelligible and takes forward the purpose of the Insolvency and Bankruptcy Code, 2016, without being discriminatory or arbitrary.

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