2017-TIOLCORP-NEWS-090 | Monday, May 08, 2017

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2017-TIOLCORP-10-SAT

Arbutus Consultancy Llp Vs SEBI

Whether in terms of Regulation 10(1)(a)(ii) in order to be eligible for exemption from making an open offer, inter-se transfer of shares amongst persons named as promoters in the shareholding pattern by the target company in terms of its listing agreement has to be for not less than 3 years prior to the proposed acquisition - YES: SAT

Whether tribunal can interfere in cases where the acquirer company failed to comply with the provisions of SAST Regulations, 2011 - NO : SAT

Whether informal guidance issued by SEBI can be relied upon if the statute is clear - NO: SAT

- Appeal Dismissed: SECURITIES APPELLATE TRIBUNAL

 
 
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2017-TIOLCORP-53-HC-KOL-IPR

Anuradha Doval Vs Controller Of Patents And Designs

Whether in order to claim novelty, there has to be a significant change or difference in the design, even if it has a common source - YES: HC

Whether publication of a design prior to its registration would strip the design of it's novelty - YES : HC

Whether the High Court would not ordinarily interfere in decision of an expert body like Controller General of Patents, Designs & Trademarks unless the adjudication of matter was on some wrong principles - YES: HC

- Appeal Dismissed: CALCUTTA HIGH COURT

 
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