2017-TIOLCORP-NEWS-223 | Monday, November 13, 2017

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2017-TIOLCORP-112-HC-DEL-IPR

Epsilon Publishing House Pvt Ltd Vs UoI

Whether failure on part of Registrar of trademarks to communicate deficiency in the application for renewal of the trademark can be a reason for removal of trademark from the register - NO: HC

Whether therefore, the trademark owner can not be penalised for the same and would be entitled to pursue its application for renewal though the same is not accompanied by a fee of surcharge - YES: HC

Whether matter of renewal of the trademark is strictly between the Trademark Registry and the registered proprietor of the trademark and any third party does not have any right to initiate proceedings - YES: HC

- Petition dismissed: DELHI HIGH COURT

 
MISCELLANEOUS

 
2017-TIOLCORP-16-SC-MISC

Venture Global Engineering Llc Vs Tech Mahindra Ltd

Whether legality of the Foreign Award, can be decided u/s 34 of the AAC Act by the Indian Courts - YES : SC

Whether acts of Ramalinga Raju, the Chairman and founder of SATYAM in the affairs of Company as admitted by him amounts to misrepresentation/ suppression of material facts and can be basis for quashing an Award - YES : SC

Whether such acts of Mr. Raju, in the affairs of Satyam, has any causative link to the arbitral proceedings and constitutes an "event of default" entitling the Venture to terminate the Agreement and claim relief against Satyam - YES : SC

Whether Award of an arbitral Tribunal can be set aside only on the grounds specified in Section 34 of the AAC Act and not on any other grounds - YES : SC

Whether arbitral proceedings including any Award if passed in violation of public policy of India is not sustainable and can not be enforced - YES : SC

- Case Allowed: SUPREME COURT OF INDIA

HIGHLIGHTS (SISTER PORTALS)
 
India Youth Development Index Report released; to rate work done by States (TIOL)

BharatNet to bridge digital divide in India: Minister (TIOL)

GST - Suppliers directed to record UIN of diplomatic missions for refund (TIOL)

Ministerial Meet - India urges Canada to look into architecture of services under CEPA (TIOL)

India, Canada to discuss issues relating to movement of professionals (TIOL)

Refund on Deemed Exports - Deemed Refund? (TIOL)

Appeal to higher courts - CBEC lays down procedure for futher 'Filter' (TIOL)

India records 8.8 lakh Foreign Tourist Arrivals in Oct, 2017 (TIOL)

State-owned fund will prompt credit flow to MSMEs: Jaitley (TOG)

Centre contributes Rs. 25 cr for 'Mobile Air Dispensary' in Northeast (TOG)

Inter Ministerial Commtt. shall examine financial sector frauds, says Rajnath Singh (TOG)

4th Indo-Canadian Ministerial Dialogue: Canada assures to redress issues under CEPA (TOG)

'Deemed Export'- whether deemed inter-state supply? (TIOL)

 

 

 

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