Articles

Ride hailing tax dilemma: GST treatment still uncertain

Navigating nature’s law: India’s legal overhaul of biodiversity access and benefit sharing

This article examines these recent developments, focusing on access to biological resources, intellectual property rights based on the Indian BR, and the evolving benefit-sharing mechanisms. As India continues to refine its biodiversity governance, these reforms mark a pivotal step toward balancing innovation, conservation, sustainable use of BR and national interest.

OTR guidance documents: Clearing the haze

The article discusses various recent guidelines for compliance of the Machinery and Electrical Equipment Safety (Omnibus Technical Regulation) Order, 2024.

Navigating seamless Inter-State ITC transfers under GST: Judicial guidance

The Bombay High Court has taken a significant step in clarifying the transfer of unutilized ITC during business restructuring. This judgment not only clarifies the legal position on inter-State ITC transfer but also addresses the technical and administrative hurdles posed by the GST Network (GSTN) portal.

Dy/Dx – Differentiating the contours of taxation of derivatives

The article discusses the recent decision of Hon’ble Mumbai ITAT, which adjudicates a question as to whether a Venn Diagram of two sets of items, i.e., the meaning of derivatives as it is normally understood and its tax treatment equating it with shares thereof, would have any intersection or not.

Rethinking the thresholds in biosimilar patent infringement disputes

The article discusses a Delhi HC decision which granted an-interim injunction restraining a pharma company from dealing in its biosimilar version of the cancer medication Nivolumab until the expiry of the Indian Patent. According to the author, by treating the defendant’s regulatory filings and bio similarity claims as indicative of infringement, the Court seems to have deviated from an earlier precedent.

In good spirits: The Geographical Indication war over ‘Pisco’

The article discusses a recent Delhi HC decision where the Court has conducted a thorough examination of the provisions regarding the prohibition of GI registration in specific instances, as well as the registration of homonymous GIs. The decision exemplifies how Indian courts are navigating the evolving landscape of GI law, aiming to safeguard traditional products while ensuring fair competition.

Artificial Intelligence in the Healthcare Sector: Investment trends

The article discusses how the integration of AI technologies in diagnostics, drug development, and healthcare administration is enabling scalable solutions. It also highlights key investment trends that are strengthening India’s position as a strategic destination for healthcare sector investments.

Differential pricing analysis in anti-dumping investigations: US Court ‘invalidates’ the use of Cohen’s D by the US DOC

The article discusses the recent judgement of the U.S. Court for Federal Circuit in Marmen Inc. v. United States[1]. In which the article traces the origins of this methodology in the WTO’s Anti-Dumping Agreement, its evolution over the years in USA’s context, and the road ahead after the Marmen Inc. judgement.

Patentability of intermediates – Troubling interpretation: A critique of the Zeria judgment

The article discusses a recent decision of the Delhi High Court which has upheld the refusal of a patent by extending the therapeutic efficacy requirement to intermediates.

Share Based Employee Benefits: Forex Compliances

Employees Stock Option is a scheme under which options are granted to the directors, officers or employees of a company or of its holding company or subsidiary company or companies, giving them the benefit or right to purchase, or to subscribe for, the shares of the company at a future date at a pre-determined price. The article discusses the share-based benefits and Forex compliances of this scheme.

Export refund: Prospective omission of Rule 96(10) of CGST Rules and retro-active applicability to pending proceedings

The article highlights the retroactive impact of the amendment relating to export refunds, in the light of recent High Court decisions. The authors note that while GST Council has simplified the export refund process for the future from 2024, the amendment was not made retrospective by the legislature, and hence creating problems.