India’s Return To Classical Taxation Of Dividends

Background Double taxation of income – first, in the hands of the companies and thereafter in the hands of the shareholders on distribution as dividend is prevalent worldwide and is the classical system of dividend taxation. The manner in which dividend income is taxed in India has undergone changes over the years. In 1997, India […]

Nilesh M KapadiaPartner, NMK & Co LLP Chartered Accountants

Calcutta High Court Calls for Expenses Incurred by Schools during Pandemic

Case: Vineet Ruia vs. State of West Bengal [WP 5890(W) of 2020] Forum: Hon’ble High Court of Calcutta (“CHC”) Order delivered on: August 18, 2020 Substance of the Order: Establishment of a committee to ascertain the expenses incurred by schools during lockdown to determine if any concession in fees can be passed on to the […]

Seema JhinganPartner, LexCounsel

Shantanu Sood participates in the IR Global Jurisdictional Guide to Trademark & Copyright

FOREWORD BY EDITOR, ANDREW CHILVERS Intellectual property and the challenges of globalisation  When the US Supreme Court recently ruled that Booking.com could trademark its domain name, the decision was a game changer for online businesses the world over. The court decided by an 8-1 ruling that adding a “.com” combination to a generic word is […]

Shantanu SoodFounder, Quest IP Attorneys

Investments From Hongkong, Taiwan, Beneficial Owner In Press Note 3 Need Amplification

The Government of India (“GoI”) has reviewed and amended the Foreign Direct Investment (FDI) policy to curb opportunistic takeovers/acquisitions of Indian companies, consequent to Covid-19 pandemic, and the GoI has vide Press Note No. 3 (2020 series) dated 17th April 2020 (hereinafter “PN3”) and has revised the FDI policy to this effect. In this article, […]

N V SaisunderPartner - IPR, Media & Technology Law, Eshwars House of Corporate & IPR Laws

PART – II: National Education Policy 2020 – Reforms in Indian Higher Education System

Focused on minimising rote learning and introducing reforms in the Indian education system to ensure all round development of students, the long-awaited National Education Policy 2020 (“NEP 2020”) has been announced by the Union Cabinet on July 29, 2020. In continuation of our earlier newsletter of July 31, 2020 available at https://www.mondaq.com/article/972902, we discuss under […]

Seema JhinganPartner, LexCounsel

Indian Court Grants Highest Degree Of Protection To Iskcon

Recently, the High Court of Bombay declared that the trademark “ISKCON” is a well-known trademark within the meaning of the Indian Trade Marks Act, 1999 and opined that the said trademark adopted by International Society for Krishna Consciousness, the Plaintiff in the instant matter deserves the highest degree of protection under the Trade Marks Act, […]

S EshwarManaging Partner, Eshwars House of Corporate & IPR Laws

Is It Fair (Use)? De Minimis As Defense In Copyright Infringement

Did you know that the song “Happy Birthday to You” that is sung indispensably at every birthday party was a subject matter of copyright and was claimed to be registered and owned by Warner/Chappell music and its affiliates dating back to 1935, which received millions of dollars as copyright royalties for the same. It was […]

S EshwarManaging Partner, Eshwars House of Corporate & IPR Laws

Legality Of Delivering Medicines At Your Doorstep

The home delivery of medicines has become a necessity especially during the when everyone is staying safe at their own homes. Do Indian laws permit the delivery of medicine at your doorstep? Is the functioning of online pharmacies adequately regulated in India? How have various courts dealt with the regulation of online pharmacies? The primary […]

N V SaisunderPartner - IPR, Media & Technology Law, Eshwars House of Corporate & IPR Laws

Telemedicine Practice Guidelines In India

 “the delivery of health care services, where distance is a critical factor, by all health care professionals using information and communication technologies for the exchange of valid information for diagnosis, treatment and prevention of disease and injuries, research and evaluation, and for the continuing education of health care providers, all in the interests of advancing […]

S EshwarManaging Partner, Eshwars House of Corporate & IPR Laws

Fluid Trademarks – Wave Of The Future

Heraclitus, the well-known Greek philosopher rightly said that- “The only constant in life is the change”. These thoughtful words have become more relevant than ever in today’s rapidly growing markets, where consumer behavior is everchanging, which is attributable largely to the availability of information readily on any aspect of procurement and also further because of […]

S EshwarManaging Partner, Eshwars House of Corporate & IPR Laws

‘Hasmukh’ Smiles Its Way Through Online Streaming In India

During the persisting lockdown for the entire nation and different parts of the world to contain pandemic situation, the Media and Entertainment industry has been able to utilise the situation in its favour by introducing myriad of web-series in the over the top (OTT) platforms to keep the public engaged and entertained during the lockdown […]

N V SaisunderPartner - IPR, Media & Technology Law, Eshwars House of Corporate & IPR Laws