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.
14 November 2023
The Delhi High Court has held that the marks INDIAN ROYAL STAG and INDIAN STAG, both used for IMFL, have necessarily to be regarded as deceptively similar with likelihood of confusion thus leading to prima facie case of infringement.
Read More7 November 2023
The Ministry of Commerce has on 17 October 2023 issued Draft Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2023 to seek objections and suggestions on the amendments to the Geographical Indications of Goods (Registration and Protection) Rules, 2002.
Read More6 November 2023
The Supreme Court has held that the ‘doctrine of election’, stemming out of the law of evidence that bars prosecution of the same right in two different fora based on the same cause of action, cannot be applied to prevent a financial creditor from approaching the adjudicating authority for initiation of Corporate Insolvency Resolution Process against a corporate debtor.
Read More30 October 2023
The online gaming sector witnessed a series of watershed developments in the GST regime in the month of October 2023 from legislative and litigative standpoint. The key legislative development was the transition into the new deposit-based GST regime which has become effective from 1 October 2023.
Read More26 October 2023
The Indian Ministry of Commerce has on 19 October 2023 relaxed the provisions regarding requirement of import authorisation for import of laptops, tablets, personal computers, etc. It may be noted that the regime requiring import authorisation for laptops, tablets, all-in-one personal computers, and ultra small form factor computers and servers, falling under HSN 8471 of the ITC(HS), will be effective from 1 November 2023.
Read More23 October 2023
The Larger Bench of the CESTAT has held that refund of service tax is maintainable in the absence of any challenge to assessment or self-assessment in appeal under the Finance Act, 1994.
Read More18 October 2023
The Single Judge of the Madras High Court in the case of Adiuvo Diagnostics Private Limited v. Union of India and Ors. [Judgement dated 27 September 2023 in WP(IPD)/23/2023] was adjudicating a writ petition by a pre-grant opponent against a refusal of a pre-grant opposition against a patent application [9067/DELNP/2010], leading to its grant.
Read More16 October 2023
The Division Bench of the Delhi High Court in the case of Syngenta Limited v. Controller of Patents and Designs was adjudicating a referral by a Single Judge, concerning the scope of divisional patent applications under Section 16 of the Patents Act, 1970. The Division Bench held that while plurality of inventions is required to file a divisional application, the plurality can be ascertained from the provisional or complete specification and need not be mandatorily restricted to the claims.
Read More14 October 2023
In a first by an Indian Court, the Single Judge of the Madras High Court in the case of The Chinese University of Hong Kong and Sequenom, Inc. v. The Assistant Controller of Patents and Designs, CMA (PT) No.14 of 2023 (Judgement dated 12 October 2023) interpreted the scope of the exclusion for diagnostic methods under Section 3(i) of the Patents Act, 1970 (‘Act’) and held that the invention claimed in the instant case is not excluded under Section 3(i) of the Act.
Read More10 October 2023
The Supreme Court has affirmed the decision of CESTAT, which had held that unattested copies of export declarations filed by the foreign supplier before the foreign Customs authorities cannot be relied upon for the purpose of enhancement of value of goods imported in India.
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