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1
Public Participation In Examination Of A Patent!
The public participation in the process of the examination of the patent application is as old as French patent system of 1700.
India
20 Oct 2018
2
In The Presence Of An Arbitration Agreement, A Party Can Approach The Court For Appointment Of Arbitrator
The Petitioner, IBI Consultancy India Private Limited is the Indian subsidiary of the IBI Group based in Canada.
India
19 Oct 2018
3
Significant Updates To India's Anti-Corruption Law
The Prevention of Corruption Act (the "PCA") is the primary Indian law that addresses corruption in government agencies and public sector businesses in India
India
19 Oct 2018
4
Court Cannot Remand The Matter Under Section 34 Of The Arbitration & Conciliation Act, 1996
The Appellant-Respondent used to supply goods to Union of India (the Respondent-Petitioner, the "UOI") under contracts from November from 1987 to 1991.
India
19 Oct 2018
5
"Association" Under Arbitration & Conciliation Act, 1996
The Petitioner is a Consortium of M/s Larsen and Toubro, an Indian company, together with Scomi Engineering Bhd, a Company incorporated in Malaysia, that had entered into an agreement with the Respondent ...
India
19 Oct 2018
6
Tenants Are Now Promoters?
A developer by availing development rights, takes control of the construction of building(s) after obtaining requisite approvals from statutory authorities.
India
19 Oct 2018
7
Section 8 Compliance Issue Resurfaces!
In an interesting development, on April 9, 2018, the Controller of Patents, Patent Office, Delhi revoked a patent (IN251037) owned by J.C. Bamford Excavators Ltd.
India
19 Oct 2018
8
Foreign Filing License – Some Issues
Further, as per the Act, a patent application shall be made in Form 1 and shall be accompanied by a provisional or a complete specification.
India
19 Oct 2018
10
A Win Over The Battle Of Trademark Infringement By Registered Mark Dealing Under A Different Class
The Delhi High Court in the matter of L'AIR Liquid Societe Anonyme Pour I Etude Et I Exploitation Des proceded Georges Claude And Anr. v. M/S Liquid AIR & Ors.
India
18 Oct 2018
11
The Essar Insolvency Case: Supreme Court Unravels Section 29A Of The Insolvency And Bankruptcy Code
Earlier this month, the Supreme Court of India (the "SC") passed a much-awaited judgment concerning the eligibility of resolution applicants for Essar Steel India Limited.
India
18 Oct 2018
12
The Supreme Court lays down guidelines for determining interest to be awarded in arbitration.
The Supreme Court in its recent judgment in Vedanta v Shenzen Shandong Nuclear Power Construction Co has laid down guidelines to be followed by arbitrators for awarding interest in international commercial arbitrations which have a seat in India.
India
18 Oct 2018
13
The Sunshine Sector In "Make In India" – Medical Device Industry Shines As Never Before
With the rapidly expanding Indian pharmaceutical and healthcare sector over the years, the growth in demand for advanced and innovative medical devices seems to be a natural next step to meet the needs of the sector.
India
18 Oct 2018
14
No More Reverse Passes: SC Reiterates that Appeal Against Arbitration Award cannot result in remand of matter back to the arbitral tribunal after the award is given
On 10.10.2018, a division bench of the Supreme Court of India in its judgment in the matter of Radha Chemicals v Union of India, has clarified and reaffirmed that "the court while deciding a Section 34 (Arbitration and Conciliation Act, 1996) petition has no jurisdiction to remand the matter to the Arbitrator for a fresh decision".
India
18 Oct 2018
15
Advance Rulings - Part 1
Advance Ruling (AAR) is a guiding mechanism to resolve the anticipated issues under an anticipation of dispute in relation to any activity proposed to be carried out or already undertaken during the GST regime.
India
18 Oct 2018
16
Shyam Sunder Agarwal vs. P. Narotham Rao And Ors. (23.07.2018 – SC): MANU/SC/0781/2018
In a recent judgment, the Apex Court examined whether a Clause appearing in MOU was arbitration agreement.
India
17 Oct 2018
17
Intention To Defraud Not Necessary To Prove Misrepresentation In A Passing Off Case, Confirms The Supreme Court
On September 12, 2018, the Supreme Court of India (the "Supreme Court") passed a judgement in Wockhardt Ltd. Vs. Torrent Pharmaceuticals & Anr., through which it reaffirmed that the intention to defraud or deceive, ...
India
17 Oct 2018
18
Status Of Financial Creditors With Unadmitted Claims
The Insolvency and Bankruptcy Code Code, 2018 which came into effect on 6th June, 2018 provides for various amendments to the Insolvency and Bankruptcy Code, 2016.
India
16 Oct 2018
19
Office Memorandum From Ministry Of Environment, Forest And Climate Change: A Much Needed Respite For The Bioscience Researchers And Companies
Biological diversity and ecosystem have always been global concerns, due to which various countries including India signed and ratified Convention on Biological Diversity (CBD).
India
16 Oct 2018
20
Effect Of Insolvency And Bankruptcy Code Amendment On Home Buyers
Real Estate Sector in India is one of the few sectors that have witnessed exponential growth in the last two decades.
India
16 Oct 2018
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