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Engineering Analysis Centre Of Excellence Private Limited V. The Commission Of Income Tax And Anr: Raising More Questions Than Answering
The Supreme Court in “Engineering Analysis Centre of Excellence Private Limited v. The Commission of Income Tax and Anr.”[1] dealt with the classification of the payments under the distribution agreements or the end-user license agreements (EULA). The moot question before the Court was that can these payments amount to the royalty as provided under Section … Continue reading Engineering Analysis Centre Of Excellence Private Limited V. The Commission Of Income Tax And Anr: Raising More Questions Than Answering
Read more »M/s. Sunwhite Infrastructure Pvt Ltd. V. Kindle Developers Pvt Ltd, CP No. 40 (ND)/17 (decided on 23.08.2017)
Facts The petition was filed by M/s Sunwhite Infrastructure Pvt Ltd (hereinafter referred to as “the petitioners”) against Kindle Developers Pvt Ltd (hereinafter referred to as “the respondents”) Sec 241[1] and Sec 242[2] of the Companies Act, 2013 alleging acts of mismanagement and oppression prejudicial to the interests of the company as well as the … Continue reading M/s. Sunwhite Infrastructure Pvt Ltd. V. Kindle Developers Pvt Ltd, CP No. 40 (ND)/17 (decided on 23.08.2017)
Read more »A Reminder for Online Retailers
Here’s one case that involves an online retailing businesses that is having a link with Trade mark Law – Jadebay Ltd and others v Clarke-Coles Ltd (t/a Feel Good UK) [2017] EWHC 1400 (IPEC). However, overlooking the customary practice of online retailing methods, the Intellectual Property Enterprise Court followed the theoretical root of the Trade … Continue reading A Reminder for Online Retailers
Read more »Roche v Cipla: Part 1: Validity of Patent
In continuation of our previous post here, and following the availability of the 275 page judgement, we would discuss herein the various facets of the case and discuss one by one. This case actually involved two main issues as follows, Issue I. Whether Roche’s Indian Patent 196774 is invalid (liable to be revoked under S. … Continue reading Roche v Cipla: Part 1: Validity of Patent
Read more »Cipla won the landmark Roche v Cipla Litigation
Indian Generic manufacturer Cipla has won the landmark Roche v. Cipla Patent Infringement case in the Delhi High Court over Cipla’s Generic version of Anti-cancer Drug Erlotinib. The case is the first Patent Litigation in India post India’s 2005 Product Patent Regime which included public interest and pricing issues in addition to India’s Section 3d … Continue reading Cipla won the landmark Roche v Cipla Litigation
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