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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.

Intellectual Property Division (IPD) created at Delhi High Court with immediate effect

The Delhi High Court has created an Intellectual Property Division (‘IPD’) at the High Court to deal with matters related to Intellectual Property Rights. As per the Office Order dated 7 July 2021 signed by the Registrar General, the IPD would be governed by the IPD Delhi High Court Rules.

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Insolvency – Value of security or recoverability of debt not material for not triggering CIRP

The National Company Law Tribunal (NCLT), Mumbai has held that in a Petition under Section 7 of the Insolvency and Bankruptcy Code, 2016, only the debt and default need to be looked in to and that the value of the security would have no bearing on the legal requirement, which when satisfied would trigger the Corporate Insolvency Resolution Process (CIRP).

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Copyright infringement – Direction to WhatsApp to suspend accounts unauthorizedly circulating film content

The Delhi High Court has directed WhatsApp LLC to suspend the WhatsApp accounts of specified defendants to ensure that they cease the infringement of the plaintiff’s copyright on WhatsApp.

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IP rights cannot be allowed to be violated even if drugs for use against Covid

In a suit for alleged infringement of the copyright in the artistic work in the trade dress and attempt to pass off and infringe the trademark of the plaintiff in the word ‘Respule’, the Madras High Court has advised the defendant to suitably alter not only the trade dress, layout colour combination, design and artistic work on the label but also the words which are deceptively similar to plaintiff's trade mark.

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Creditors/lenders can initiate insolvency proceedings against personal guarantors

The Supreme Court in a recent judgment has held that the Notification dated 15 November 2019 (‘Notification’), which notified the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019 (Rules), is ‘legal and valid’.

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Customs Valuation – Notional transportation cost not includible in value of fuel remaining in aircraft after incoming international flight

The Larger Bench of the CESTAT has recently held that notional cost towards freight charges is not required to be added to the value of Aviation Turbine Fuel remaining in the aircraft after its international flight into India. It held that firstly there was no transportation of ATF by the airlines and secondly, only the actual cost ‘paid’ or ‘payable’ can be added to the transaction value while no cost was incurred by the airlines here.

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Crushing, pulverizing, converting and packing of spices into powder form is ‘manufacture’

The Larger Bench of the Customs, Excise and Service Tax Appellate Tribunal (‘CESTAT’) has on 25 May 2021 held that the activity of crushing, pulverizing, converting and packing of spices into powder form amounts to ‘manufacture’. The question as to whether the activity would be liable to service tax under Business Auxiliary Service (‘BAS’), was thus answered in negative.

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Construction cess not payable on contracts not having any construction component

The Supreme Court, in its recent judgment, has finally settled a long pending issue by holding that contracts which cover works other than civil works and do not involve any construction, do not attract cess under the Building and Other Construction Workers’ Welfare Cess Act, 1996.

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Mere forwarding of WhatsApp messages as received when not amounts to sharing ‘unpublished price sensitive information’

The Securities Appellate Tribunal has held that mere ‘forwarded as received’ WhatsApp message circulated on a group regarding quarterly financial results of a Company, closely matching with the vital statistics, some time before the publication of the same, not amounts to an unpublished price sensitive information (‘UPSI’) under SEBI (Prohibition of Insider Trading) Regulations, 2015.

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Design – Compliance with standards when can lead to ‘prior publication’

The Delhi High Court has rejected the contention that compliance with published standards can never be sufficient to constitute ‘prior publication’ of a design. The Court was of the view that this would have to be determined upon a consideration of the particular design and the published standards.

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