patent

Govt seeks public comments to amend trademark rules

With an aim at faster clearance of trademark cases in the country, the government has sought public comments on amending the relevant rules to make them more significant and user friendly. "The Comptroller General of Patent, Design and Trade Marks (CGPDTM) intends to make a proposal for amendment of the Trade Mark Rules," the CGPDTM said in a communication.
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A study on Patent infringement Law in India

A Patent confers the exclusive right on the Patentee to make, distribute or sell the invention in India. This exclusive right is for 20 years. After 20 years, that invention becomes a public Domain. An infringement would be when any of three rights is violated. A Patentee may assign/ license all or some of these rights. The exercise of the rights so transferred in favors of the assignee or the licensee by the assignor or the licensor would not amount to infringement of ..
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Non-compete right’ acquired by an assessee is eligible for depreciation under clause (ii) of section 32(1) of IT Act

CASE LAW DETAILS Decided by:. ITAT, BENCH `A’ CHENNAI, In The case of: ITO v Medicorp Technologies India Ltd., Appeal No. : ITA No. 2328/Mds/2007, Decided on: January 16, 2009 SUMMARY OF CASE LAW Capability to have a market value, assignability, transferability, diminution in value, are no more the touch stones on which the admissibility [...]
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Power of ITAT to rectify mistakes: Supreme Court

ACIT vs. Saurashtra Kutch SE (Supreme Court)- Where the Tribunal had dismissed the appeal filed by the assessee by holding that it was not entitled to exemption u/s 11 and subsequently, on an application filed by the assessee u/s 254(2), recalled the said order on the ground that it had not considered a judgement of the jurisdictional High Court and that there was a mistake apparent from the record and the question arose whether such recall was justified,
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