Month: August 2012

Glaxo Smith Kline Pharmaceuticals Limited Vs Unitech Pharmaceuticals Private Limited

Trademark Act, 1999 – Use of a Trademark which is deceptively similar to another Trademark – whether valid? Brief facts The Plaintiff (Glaxo Smith Kline Pharmaceuticals Limited) claimed that the defendants (Unitech Pharmaceuticals Private Limited) are selling products under the Trademark “FEXIM” that is deceptively similar to the Plaintiff ‘s mark “PHEXIN” which is used …

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Partners column

As I  sit  down to write the partner’s column, I  am  wondering what is apropos in the current environment  that would interest the reader.    Diverse subjects such  as logjam in Parliament due to CoalGate, dwindling Indian economy, labor unrest, sub- optimal rain fall, Apple and Samsung patent fight, fate of Companies Bill  etc., come to …

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Ministry of Corporate Affairs

Constitution of a Committee for Reforming the Regulatory Environment for doing Business in India – Considering the report of the World Bank and the International Finance Corporation, entitled “Doing Business 2012: Doing business in a very Transparent World”  in which India has been ranked at a low of 132 amongst a sample of 183 Countries,  …

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SECURITIES AND EXCHANGE BOARD OF INDIA (SEBI)

Manner of achieving minimum public shareholding requirements in terms of SCRR, 1957– SEBI has with a view to facilitate listed entities to comply with the minimum public shareholding requirements within the time specified in Securities Contracts (Regulation) Rules, 1957 (“SCRR, 1957”), allowed the following additional methods:- Rights Issues to public shareholders, with promoters/promoter group shareholders …

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Legal Jargon

1. Word: “Malfeasance” Meaning: Misconduct or wrongdoing, especially by a public official. Example:The government wants to draw a line under the glut of financial malfeasance Pronounciation: mal+fea+sance   2. Word: Ratification Meaning: the act of ratifying; confirmation; sanction. Example: We should remain in mind that it is not a time bound agreement and its implementation …

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Whether insurance can be claimed by the mother of an employee who has died during the course of his employment with his father.

Case/Question decided Mr. X, son of Mr. Y, has died in an accident. Then Ms. Z, mother of Mr. X  made a claim against the insurance company stating that Mr. X was employed as driver by Mr. Y and Mr. X has died during the course of the said employment. The question that has been …

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