Amendment to India-Mauritius Double Taxation Avoidance Agreement

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By: Aditi Rani

The protocol for amendment of the India-Mauritius Double Taxation Avoidance Agreement (“Protocol”) was signed between India and Mauritius on May 10, 2016.[1]

Dating way back to 1983, the India – Mauritius Double Taxation Avoidance Agreement (“India-Mauritius DTAA”) has been instrumental in Mauritius bringing in foreign direct investment (FDI) close to USD 94 billion in the last 5 years. This is almost 1/3rd of India’s total FDI flowing in from this tiny island country in the period in question, pipping past larger economies such as the USA, United Kingdom and Japan. Largely, this rode on the exemption on capital gains tax on sale of shares of an Indian

FDI in E-Commerce: A Case of Running with the Hare and Hunting with the Hounds?

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By: Sharanya Ranga

The much-anticipated policy announcement of the Government of India clarifying FDI in E-commerce through Press Note 3 of 2016 on 29th March 2016 is finally out. “E-commerce” enters the regulatory framework with an inclusive definition to cover buying and selling of goods and services over a digital and electronic network. This effectively includes transactions effected over the entire gamut of computers, television channels and all other technology based applications. Defining the terms, “e-commerce”, “e-commerce entity” and the common business models of e-commerce, inventory based and marketplace based, is

Prior User over a Registered Trademark

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By: Nidhi Tandon

Several Companies have the tendency to file for a trademark, wait for its registration and then start using the same. Some just register the trademark for future, without using the same thereby blocking others from filing or using same or similar mark. However, as per the recent decision of the Supreme Court in Neon Laboratories v/s Medical Technologies Ltd., a company cannot claim right to a trademark even after registration if it does not use it for a long time.