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Buyback / Prepayment of Foreign Currency Convertible Bonds (FCCBs)

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

 

  India tops Anti-dumping duty list

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.

 

  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

 

 

Transfer of ownership of Indian Co. from Indians to foreign entities

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:

· *  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.

 

Subhiksha moves to HC against Kotak    

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.

 

 Get Company Records / Search Company name

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.

    Win Medicare wins Infringement case  for mark "BETADINE"

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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