Month: October 2018

Common Man’s Guide to E-Way Bill

24th October, 2018 - 9:38 am Categories: TAX

E-way bill stands for Electronic way bill. E-way bill system under new tax regime i.e. Goods and Services Tax (GST) came into effect in April 2018. It was brought in as an anti-evasion measure in bulk consignment transports. It is an electronic waybill which is required to be carried out by a transporter of consignments … Continue reading Common Man’s Guide to E-Way Bill

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Criminal & Civil Prosecution for Copyright/Trademark Violation

23rd October, 2018 - 1:21 pm Categories: Trademark Litigation

If any brand’s product is genuine & original, then it enjoys a substantial amount of recognition in the eyes of its potential customer, therefore it is necessary to protect the commercial value of any product offered by such brands and the said protection is provided through Intellectual Property Rights associated with the product i.e. Trademark, … Continue reading Criminal & Civil Prosecution for Copyright/Trademark Violation

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Effect of Insolvency and Bankruptcy Code Amendment on Home Buyers

13th October, 2018 - 4:16 am Categories: TAX

Real Estate Sector in India is one of the few sectors that have witnessed exponential growth in the last two decades. It has drawn in huge investments from the people who put in their hard earned life savings to unlock their dream homes. However, the most sought after Investment Avenue has seen a dip in … Continue reading Effect of Insolvency and Bankruptcy Code Amendment on Home Buyers

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Principles of Passing off In Trademarks: Wockhardt Limited Vs. Torrent Pharmaceuticals Ltd.

10th October, 2018 - 4:07 am Categories: Legal Issues Trademark

Background Torrent Pharmaceuticals Ltd. (Plaintiff/ Respondent) owned a trademark a trade mark called “CHYMORAL” and “CHYMORAL FORTE”, which is a drug administered post-surgically for swellings that may arise and/or wounds that may arise. They filed a suit for infringement and an interlocutory application for passing-off against the rival, Wockhardt Limited (Defendant/ Appellants) for violating its … Continue reading Principles of Passing off In Trademarks: Wockhardt Limited Vs. Torrent Pharmaceuticals Ltd.

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All About Section 31 D of Copyright Act, 1957

9th October, 2018 - 5:26 am Categories: Copyright

The 2012 amendment in Copyright Act has introduced various provisions, one of them being section 31 D. This section is concerned with the broadcasting or performance of a literary or musical and sound recording, which has already been published. Clause 1 of Section 31D states: “Any broadcasting organization desirous of communicating to the public by … Continue reading All About Section 31 D of Copyright Act, 1957

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Miss Kajal Agarwal vs. The Managing Director, M/s V.V.D. & Sons Pvt. Ltd.

5th October, 2018 - 12:03 pm Categories: Legal Issues

FACTS The Appellant is a well-known South Indian actress. The Respondent – Company entered into a advertisement agreement with the Appellant. It was contended that the parties have mutually agreed to the terms of the agreement and it was also agreed, in the written agreement which the appellant didn’t sign, that all the promotion/ advertisement … Continue reading Miss Kajal Agarwal vs. The Managing Director, M/s V.V.D. & Sons Pvt. Ltd.

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Impact of GST on Digital Entertainment Storefronts

5th October, 2018 - 6:52 am Categories: TAX

There are on-demand Digital Entertainment Storefronts (DES) like Hungama, Saavn etc. which are engaged in providing music on demand services and are becoming increasingly popular among internet users in India who wants to listen songs on the go. Some of them are free, however some charge subscription from the listeners. Now, there arises a question … Continue reading Impact of GST on Digital Entertainment Storefronts

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Impact of Aadhar Verdict

5th October, 2018 - 6:20 am Categories: News & Updates

“This has been the longest hearing before the apex court, second only to the hearing in the Kesavananda Bharti case” – Attorney General K. K. Venugopal.” End to an another landmark litigation, the Supreme Court of India on 26th September 2018 pronounced its judgment in a petition challenging the constitutional validity of Aadhar (Targeted Delivery … Continue reading Impact of Aadhar Verdict

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Nandini Or Nandhini – Similar Or Not?

5th October, 2018 - 6:10 am Categories: Legal Issues

FACTS Karnataka Cooperative Society, Respondent, started using the trademark ‘NANDINI’ for milk and milk products from the year 1985. The Appellants, Nandhini Deluxe adopted the mark ‘NANDHINI’ in 1989 in respect of their goods. The goods of both the parties fall under same class 29 and 30 an even though the both the parties have … Continue reading Nandini Or Nandhini – Similar Or Not?

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IPR Vis- à- Vis Traditional Knowledge

5th October, 2018 - 6:02 am Categories: Intellectual Property

What is Traditional Knowledge? Knowledge base which is developed by indigenous, local or native community has been preserved and passed on to generations, so much so, that it becomes the identity of such community. Traditional knowledge can be found in variety of concepts such as calculation of time, food article, plant properties, spice uses, yoga … Continue reading IPR Vis- à- Vis Traditional Knowledge

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