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Newsletter |
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Buyback / Prepayment of Foreign
Currency Convertible Bonds (FCCBs) |
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As per the RBI circular
A. P. (DIR Series) Circular
No.39 dated December 08,
2008 on the captioned subject in
terms of Para 7 of the above
circular, the entire procedure
of buyback should be completed
by the Indian Companies by March
31, 2009.
Vide
Circular dated 13th March 2009
RBI has extended the date for
completing the entire procedure
for buyback of FCCBs from March
31, 2009 to December 31, 2009.
Accordingly now, the entire
procedure of buyback should be
completed by December 31, 2009.
All the other terms and
conditions of buyback /
prepayment of FCCBs as mentioned
in A. P. (DIR Series) Circular
No.39 dated December 08, 2008,
shall remain unchanged
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India
tops Anti-dumping duty list |
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India
topped the table of the
countries resorting to
anti-dumping investigations
between July and December 2008,
while Brazil, China and
Argentina were other major users
of the WTO compliant trade
remedy to protect their domestic
industries against cheap
imports. Of the total 120 new
anti-dumping investigations in
the second-half of calendar
2008, India accounted for 42
cases.
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Gillete
wins Infringement case for
marks "Gillete" & "Mach3" |
In February 2009
Delhi High Court granted permanent
injunction and awarded damages of Rs. 5
Lac. (approx USD 10,000) to Gillete
Company for the infringement of their
trademark “Gillete” and “ Mach3” by the
defendants. The defendants were carrying
on the business of manufacturing,
selling, advertising etc. of
toothbrushes and other related products
in the name and style of trade mark
“Gillete” and “Mach3”. The High Court
vide ex-parte order restrained
defendants from manufacturing, selling,
offering for sale directly or indirectly
tooth brushes bearing the mark GILLETTE
and MACH 3
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Transfer of
ownership of Indian Co. from Indians to
foreign entities |
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At present, the
transfer of shares from residents to
non-residents, including acquisition of
shares in an existing company, is on the
automatic route, subject to the sectoral
policy on FDI. Now the guidelines for
transfer of ownership or control of
Indian companies in sectors with caps
from resident Indian citizens to
non-resident entities have been
notified through
Press Note 3 of 2009 dated 13th
February 2009. Accordingly:-
In sectors with
caps, including interalia defence
production, air transport services,
ground handling services, asset
reconstruction companies, private sector
banking, broadcasting, commodity
exchanges, credit information companies,
insurance, print media,
telecommunications and satellites,
Government approval/FIPB approval would
be required in all cases where:
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An Indian company is being established
with foreign investment and is owned by
a non-resident entity or
· *
An Indian company is being established
with foreign investment and is
controlled by a non-resident entity or
· *
The control of an existing Indian
company, currently owned or controlled
by resident Indian citizens and Indian
companies, which are owned or controlled
by resident Indian citizens, will be/is
being transferred/passed on to a
non-resident entity as a consequence of
transfer of shares to non-resident
entities through amalgamation, merger,
acquisition etc. or
*
The ownership of an existing Indian com-pany,
currently owned or controlled by
resident Indian citizens and Indian
companies, which are owned or controlled
by resident Indian citizens, will be/is
being transferred/passed on to a
non-resident entity as a consequence of
transfer of shares to non-resident
entities through amalgamation, merger,
acquisition etc.
the above
guidelines will not apply for
sectors/activities where there are no
foreign investment limit caps.
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Subhiksha moves to HC
against Kotak |
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Subhiksha, a retaling company
has filed a writ petition
against its Bank, Kotak Mahindra
Bank questioning Bank’s decision
to declare it a wilful
defaulter. In its petition,
Subhiksha wanted the court to
invalidate the bank’s resolution
and stop the RBI and Credit
Information Bureau (Cibil) from
acting on it, as the status of a
wilful defaulter may make it
ineligible for corporate debt
restructuring.
As per RBI
guidelines, a wilful default is
one where “a unit has defaulted
in meeting its payment/repayment
obligations to the lender even
when it has the capacity, where
funds have been used for
purposes other than what it has
been paid for or when a company
has sold off collateral
(moveable or immoveable assets)
against which a loan was taken
without the knowledge of the
banker.
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Get
Company Records / Search
Company name |
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If you need primary info of
Company Records of any Indian
company or need to search any
company name in India,
mail us the details. This service is
complementary. |
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Get Status of your pending TM
application in India, by
mailing us the
TM application at no cost. You can
also Set Reminders for
renewal of TM and Patent by
mailing us the TM /
Patent number. This
service is complementary. |
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Win Medicare
wins Infringement case for
mark "BETADINE"
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Win Medicare Pvt. Ltd, registered proprietor
of the trademark “BETADINE” and
“ECZO-BETADINE” in relation to medicinal and
pharmaceutical preparations instituted a
suit for permanent injunction for
restraining the defendants from
manufacturing and marketing the same product
under the deceptively similar name
“BEECTADINE” and for other ancillary reliefs.
Delhi High Court restrained defendants from
manufacturing and marketing products under
the trademark ”BEECTADINE” or any other
trademark which may be similar or
deceptively similar to the trademark
BETADINE of the
Win Medicare Pvt. Ltd.
The defendants were engaged in the business
of manufacturing the infringing goods. A
perusal of the evidences showed that the
defendants had copied not only the trademark
and copyright of the plaintiff but also the
packaging including cartons, tubes, colour
scheme and the entire get up of the product
of the company. The Delhi High Court granted
permanent injunction and a damage of Rs 5
Lacs to Win Medicare Pvt. Ltd
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