News

IP litigation – Territorial jurisdiction of Court – Delhi HC refers issues to Larger Bench

Observing that the existing case laws reveal divergence on how territorial jurisdiction should be determined in IP disputes, including those involving transactions over the internet and e-commerce modes, a Single Judge of the Delhi High Court has referred to the Larger Bench the following issues.

Copyrights – Use of publicly available content of a news agency for training an AI model prima facie falls under ‘fair dealing’

In an intersection of copyright law and artificial intelligence, the Delhi High Court has declined to grant interim relief sought by a news agency in a copyright infringement suit against an AI developer and service provider. The Court was of the prima facie view that the use of publication house’s publicly available content for training the AI model fell within the ‘fair dealing’ protection under Section 52(1)(a) of the Copyright Act, 1957.

Pre-deposit in cases involving only penalty – Amendment in Section 107(6) w.e.f. 1 October 2025, requiring pre-deposit, is not applicable where SCN was issued earlier

he Delhi High Court has held that requirement of 10% pre-deposit for filing appeal to the Appellate Authority in cases involving only penalty is not applicable for the cases where the SCNs have been issued before 1 October 2025, the date of coming into force of the amendment to Section 107(6) requiring 10% pre-deposit.

Cenvat credit available on furnace oil used for exempt intermediate goods which is stock transferred to another unit and used in final dutiable goods

Demand – Limitation for issuance of orders – Order ‘issued’ within limitation period but ‘served’ thereafter is legitimate

The Calcutta High Court has held that an assessee cannot be permitted to impeach the order on the grounds that though the order was ‘issued’ within the period of limitation, it was ‘served’ after the statutory period for making the orders. The order under Section 73 of the CGST Act, though digitally signed on 30 April 2024, was uploaded on the portal on 1 May 2024, which was outside the limitation provided under Section 73(9).