Month: May 2021

Practical Analysis of Decisions Taken In 43rd GST Council Meeting

After a long hiatus of nearly 8 months, the GST Council meeting was convened on 28th May 2021. On the agenda were important expected items such as waiver of tax on various medicines, medical equipment, and health services. Several states had proposed a complete tax waiver on COVID vaccines, oxygen cylinders, oxygen concentrators, oximeters, etc. … Continue reading Practical Analysis of Decisions Taken In 43rd GST Council Meeting

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Interdigital vs.Xiaomi: India’s First Anti-Enforcement Injunction Order

The concept of anti-suit injunction and anti-enforcement injunction is gaining prominence worldwide including in India. Recently, the Delhi High Court in Interdigital Technology Corporation vs. Xiaomi Corporation & Ors.[1] granted an anti-enforcement injunction. It was held that a foreign court cannot restrain a party from pursuing its cause before Indian Court when Indian jurisdiction is … Continue reading Interdigital vs.Xiaomi: India’s First Anti-Enforcement Injunction Order

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The New Norms for OTT Platforms, Online News and Digital Media: An Overview

Introduction The pandemic caused due to COVID-19 has resulted in the exponential development of online entertainment. The content on the OTT platforms and social media has been subjected to repeated scrutiny and thus resulting in the urgency of regulation of content on the digital space. The Information Technology (Guidelines for Intermediaries and Digital Media Ethics … Continue reading The New Norms for OTT Platforms, Online News and Digital Media: An Overview

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Legality of Using Common Terms for Trademark in View of Various Indian Cases

“India is a multilingual country, which can make brand management difficult. The fact that one word may have many synonyms in another language, as well as the variety of languages and scripts, can increase the possibility of infringement and pass off”[1]. Trademarks are the intangible assets of the proprietor. A proprietor spends time and resources … Continue reading Legality of Using Common Terms for Trademark in View of Various Indian Cases

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Non-Reversal of Buyer’s ITC for not Depositing Tax by The Seller: Recent Madras High Court Ruling

The main purpose of the government behind Input Tax Credit was to target and scrutinize the purchase and selling of the goods and services by the registered recipients and the supplies in order to detect any fraudulent dealer. There have been cases where the Tax Authorities would have caught hold of the recipient of the … Continue reading Non-Reversal of Buyer’s ITC for not Depositing Tax by The Seller: Recent Madras High Court Ruling

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Hero Electric v. Lectro E-Mobility: Arbitrability of IP disputes

On 2 March 2021, the Delhi High Court settles the debate on Arbitrability of IP disputes in the case of Hero Electric Vehicles Pvt. Ltd. v. Lectro E-Mobility Private Ltd. [1]The case dealt with the dispute between the Munjal family groups over the trademark ‘Hero’.In this case, the Delhi HC indemnified the position of IP … Continue reading Hero Electric v. Lectro E-Mobility: Arbitrability of IP disputes

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Fresh Amendments to the Copyright Rules: Are these enough?

A new amendment in the copyright rules has been in the works since 2019. The Department of Industry and Internal Trade had proposed the rules with the aim of increasing efficiency in the procedural law. The last amendment happened in 2016 when “services” were brought under the purview of the copyright act. However, as technology … Continue reading Fresh Amendments to the Copyright Rules: Are these enough?

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Conundrum of effect on Copyright Registration of Correction in Particulars of Work Post Registration

Copyright is a bundle of rights that exist in a tangible work i.e. in a material expression, and existing from the moment, such copyrightable work is created. Though no formalities of a registration process are per se required to avail such rights, it is always advisable to register such work under the Copyright regime, to … Continue reading Conundrum of effect on Copyright Registration of Correction in Particulars of Work Post Registration

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