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The Proposed Indian Copyright Amendment Rules and Suggestions for Further Amendment
Kochhar & Co. Advocates & Legal Consultants, November 2020

The Copyright Office of the Department for Promotion of Industry and Internal Trade (DPIIT) has invited comments and suggestions to amend the Copyright Act before November 30, 2020. Mid last year, the DPIIT proposed a set of amendments to the Indian Copyright Rules. While these amendments sought to increase transparency and provide clarity for right holders, many other essential modifications were overlooked...

Defence: Key Changes in the Regulatory Landscape Pursuant to Atmanirbhar Bharat
Kochhar & Co. Advocates & Legal Consultants, November 2020

The Government of India has been very active in putting in place the necessary framework to implement the objectives of the ‘Atmanirbhar Bharat Abhiyan’. The ‘Atmanirbhar Bharat Abhiyan’ or a program of self-reliance announced by the Government of India intends to focus on the five key pillars of economy, infrastructure, system, vibrant demography, and demand...

The Proposed Indian Copyright Amendment Rules and Suggestions for Further Amendment
Kochhar & Co. Advocates & Legal Consultants, November 2020

The Copyright Office of the Department for Promotion of Industry and Internal Trade (DPIIT) has invited comments and suggestions to amend the Copyright Act before November 30, 2020. Mid last year, the DPIIT proposed a set of amendments to the Indian Copyright Rules. While these amendments sought to increase transparency and provide clarity for right holders, many other essential modifications were overlooked...

Indian Project Office of Foreign Company Not Engaged In Core Business Activities Not a Permanent Establishment (PE): Supreme Court
Kochhar & Co. Advocates & Legal Consultants, November 2020

Strap: In a recent case of Samsung Heavy Industries, the Indian Supreme Court held that the Project Office of the company cannot be termed as PE under the provisions of India-Korea Tax Treaty as it is solely carrying out activities of an auxiliary nature...

India Attempts to Thwart Import of Chinese Goods Under FTAs
Kochhar & Co. Advocates & Legal Consultants, October 2020

Introduction The balance of trade between India and China continues to be heavily tilted in favour of China. Trade remedies such as anti-dumping and countervailing duties have been used frequently by India to curtail import of Chinese goods. To overcome such barriers, India has long suspected that China has been routing its goods through the ASEAN countries by misusing the Free Trade Agreements (‘FTA’)...

US-India Partnership in the Defence Sector Under the Atmanirbhar Bharat (Self-Reliant and a Resilient India)
Kochhar & Co. Advocates & Legal Consultants, October 2020

Background and about Atmanirbhar Bharat The idea of Atmanirbhar Bharat,or self-reliance, was at the heart of the Hon’ble Prime Ministerof India, Shri Narendra Modi’s address to the nation on 12May 2020 when he announced an economic package towards building aAtmanirbhar Bharat, or a self-reliant, resilient India...

COVID-19 – A Force Majeure Event or Simply a Pandemic?
Kochhar & Co. Advocates & Legal Consultants, October 2020

Introduction What is known to exist but is not visible is surrounded by mystery. It excites the imagination and people spin yarns about it. Though that is not true when it comes to novel coronavirus (“COVID-19”), the outbreak of which has been globally reported, COVID-19 has caused worldwide unprecedented disruptions to business operations; and the commercial turmoil continues...

Kochhar & Co. Tax Newsletter - Chennai Tribunal, Holds Loan Foreclosure Charges not Subject to Service Tax
Kochhar & Co. Advocates & Legal Consultants, August 2020

This tax newsletter summarises the recent ruling of CESTAT, Chennai in the case of Commissioner of Service Tax, Chennai vs M/ Repco Home Finance Limited on non - applicability of Service tax on loan foreclosure charges...

Indo-Japanese Business Corridor- Foreign Entities Acquiring Real Estate in India
Kochhar & Co. Advocates & Legal Consultants, July 2020

Overview - The article lays forth the framework of laws concerning acquisition of real estate in India. The Constitution of India has empowered both Union Government (as known as the Central Government) as well as the State Governments to legislate laws dealing with various facets of immoveable property in India...

Contracts and Force Majeure During a Pandemic (IBLJ)
Kochhar & Co. Advocates & Legal Consultants, June 2020

Contracts and force majeure during a pandemic was published recently in the Indian Business Law Journal authored by Chandrasekhar Tampi, senior partner and Ankur Khandelwal, partner, Kochhar & Co. Overview- The spread of COVID-19 has raised multiple questions with respect to performance of commercial contracts, across the globe. While some contracts have witnessed the erosion of their foundation, others have been rendered difficult, even possible, to be performed...

Enforcement of Foreign Awards
Kochhar & Co. Advocates & Legal Consultants, May 2020

HAS SUPREME COURT TAKEN A STEP BACK IN ITS RECENT JUDGMENT IN “NAFED VS. ALIMENTA S.A.”? The Supreme Court on April 22, 2020 declared a foreign award unenforceable on the ground that one of the provisions of the Agreement in question was hit by Section 32 of the Indian Contract Act, 1872 and thus violative of public policy of India. Brief Background: NAFED and Alimenta S.A...

Direct Tax - Update
Kochhar & Co. Advocates & Legal Consultants, May 2020

The key Direct tax changes as announced by the Union Finance & Corporate Affairs Minister Smt...

COVID 19 Resource - Direct Tax - Update
Kochhar & Co. Advocates & Legal Consultants, May 2020

The key Direct tax changes as announced by the Union Finance & Corporate Affairs Minister Smt...

COVID 19 - Injunctive Relief Against Invocation of Bank Guarantee on The Basis of Special Equities under Section 9 of the Arbitration Act
Kochhar & Co. Advocates & Legal Consultants, April 2020

Introduction In light of cessation of routine judicial activities in recent times on account of the Covid-19 pandemic, the decision of the High Court at New Delhi on April 20, 2020 in Halliburton Offshore Services Limited vs. Vedanta Limited and Another comes as a welcome breather in an area otherwise seemingly parched for development of case law...

COVID-19 Pandemic - Injunctive Relief Against Invocation of Bank Guarantee on the Basis of Special Equities Under Section 9 of the Arbitration Act
Kochhar & Co. Advocates & Legal Consultants, April 2020

Introduction In light of cessation of routine judicial activities in recent times on account of the Covid-19 pandemic, the decision of the High Court at New Delhi on April 20, 2020 in Halliburton Offshore Services Limited vs. Vedanta Limited and Anothercomes asa welcome breather in an area otherwise seemingly parched for development of case law...

Recommendation of Modified Practices to PCT Offices by International Bureau in Light of the COVID-19 Pandemic
Kochhar & Co. Advocates & Legal Consultants, April 2020

1. PCT Rule 82quater.1 (Excuse of Delay in Meeting Time Limits) applies in the current circumstance of global COVID-19 pandemic, and the International Bureau of WIPO has urged all PCT Offices and Authorities to likewise adopt this interpretation...

Lockdown 2.0: MHA Notification Dated April 15, 2020 - Some Ambiguities and Discrepancies Persist While New Ones Crop Up
Kochhar & Co. Advocates & Legal Consultants, April 2020

The Ministry of Home Affairs (“MHA”) issued an order on April 15, 2020 containing the revised consolidated guidelines on the measures to be taken by the Central and State Governments for containment of COVID 19 (“Revised Guidelines”). The order/ Revised Guidelines specify the economic activities which will be permitted after April 20, 2020 (except in containment zones)...

COVID 19 – Company Law Update on the New Circular Issued by the MCA – April 8, 2020
Kochhar & Co. Advocates & Legal Consultants, April 2020

Due to the current lockdown, companies were not able to hold shareholders meetings and pass resolutions on certain matters requiring urgent attention/approval of the shareholders.   With a view to facilitate such companies, the Ministry of Corporate Affairs (MCA) has issued a recent circular no. 14 of 2020on April 8, 2020 permittingcompanies to convenetheirExtraordinary General Meetings (EGM)s through video conferencing or other audio-visual means...

COVID 19: Impact of Force Majeure in Indian Commercial Contracts
Kochhar & Co. Advocates & Legal Consultants, April 2020

1. Force Majeure - Meaning. The term ‘force majeure’ translates literally from French assuperior force. It is also generally defined in the Merriam Webster dictionary as ‘an event or effect that cannot be reasonably anticipated or controlled’...

COVID19 : India Update - Guidelines Issued by The Supreme Court of India for Court Functioning through Video Conferencing during COVID-19 Pandemic
Kochhar & Co. Advocates & Legal Consultants, April 2020

The Supreme Court while hearing Suo Motu Writ (Civil) No.5/2020 on 6thApril 2020 has, in exercise of the powers conferred by Article 142 of the Constitution, directed that: i...

E-Courts: “ A Possible Solution for Pending Litigation Amid COVID-19? ”
Kochhar & Co. Advocates & Legal Consultants, April 2020

The pandemic of COVID-19 has severely affected functioning of various business activities across the globe and has posed a threat to legal services. The risks to legal services posed by the spread of COVID-19 were highlighted a few weeks back when international law firm Baker McKenzie closed its London office after a staff member was suspected to have been at risk of contracting the novel coronavirus...

COVID-19 Counterfeit Products and Fake Goods - Indian Law Perspective
Kochhar & Co. Advocates & Legal Consultants, April 2020

As misinformation on COVID-19 continues to spread, there is another more serious threat being dispersed through back trade channels and that is of counterfeit goods either for sale at exorbitant prices or fake goods proclaiming to cure or treat the virus. In 2018, Forbes announced that counterfeiting was the largest criminal enterprise in the world[1] and the sales of counterfeit and pirated goods totals $1.7 trillion per year, which is more than drugs and human trafficking...

Article on Limitation - Impact of Supreme Court's Order of March 23, 2020
Kochhar & Co. Advocates & Legal Consultants, April 2020

Impact of Supreme Court's order of March 23, 2020 A three-judge bench of the Hon’ble Supreme Court (“the Court”) in the matter of Suo Moto Writ Petition (Civil) No. 3 / 2020 titled as,In Re: Cognizance for Extension of Limitationinitiated suo - moto proceedings on 23.03...

Functioning of Courts in India and Abroad during Covid-19 Pandemic
Kochhar & Co. Advocates & Legal Consultants, April 2020

Litigation and Dispute Resolution Group, Kochhar & Co. Delhi   Health and safety are everyone’s priority today as COVID-19’s unprecedented impact continues to grow each day. Needless to say, the outbreak of Covid-19 has left its impact on litigation and arbitration in various ways, ranging from an increased use of remote hearings to general court closures, depending on the countries and institutions concerned...

COVID-19 - A Force Majeure Event or Simply a Pandemic?
Kochhar & Co. Advocates & Legal Consultants, April 2020

What is known to exist but is not visible is surrounded by mystery. It excites the imagination and people spin yarns about it. Though that is not true when it comes to novel coronavirus (“COVID-19”), the outbreak of which has been globally reported. COVID-19 has caused worldwide unprecedented disruptions to business operations; and the commercial turmoil continues...

 

 

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