On 10th December, 2021, the High Court of Kenya in the Commercial and Tax Division gave a landmark decision on the question of withholding payment of tax on software licenses in the case pitting Seven Seas Technologies Limited (the appellant) against the Commissioner for Domestic Taxes (the respondent). The appellant is an ICT company that [...]
Earlier this month, a digital currency based on the Netflix series “Squid Game” soared in value before collapsing dramatically as its promoters quickly pulled out their funds in what is known as a “rug pull.” The website promoting the cryptocurrency was only three weeks old and was littered with grammatical errors, tell-tale signs that it [...]
In June 2021, the Hungarian Parliament passed certain amendments to several acts, which curtailed the dissemination of information concerning homosexuality and sex reassignment (“H&SR”) among minors and school-goers. Inter alia, the legislation: (1) bans the availability of any material portraying or promoting H&SR or any other forms of deviation from one’s sex assigned at birth [...]
My client, Jamie Belcastro, a registered pharmacist, started Belmora LLC, a small, Virginia-based company that sells nonprescription pain relief products, about 20 years ago. For much of this time Bayer AG, the Big Pharma multinational colossus headquartered in Germany—whose gross revenues approach $50 billion—has been trying to use US trademark law to put Belmora out [...]
The doctrine of separation of powers finds place in the basic structure of the Constitution of India, 1950 (‘The Constitution’) even though it is not explicitly mentioned in the Constitution. As per the doctrine, the three crucial powers of sovereign i.e. the rule-making, execution and adjudication of laws, shall be kept distinct in three different [...]
The arguments made by the autonomous vehicle (AV) industry for limited regulation and rapid deployment of self-driving car technology bear a striking resemblance to the discussion about the US regulatory response to Covid-19 vaccines. Both appeal to exigent circumstances as a reason for rapid action to save lives, even if that means throwing some precautions [...]
Mergers & Acquisitions account for a significant portion of a nation’s gross domestic product particularly in developing industrial economies. The reforms processes initiated by the Government of India since 1991 has influenced the functioning and governance of Indian enterprises resulting in the adoption of different M&A strategies by the corporate enterprises refocusing on global competitiveness, [...]
The beginning of Bolsonaro’s Presidential term has seen an escalation in violence and murder, and even the President has been accused of committing crimes against humanity among indigenous tribes. Bolsonaro policy decisions do not just affect Brazil, some have a bearing on the welfare of the entire planet. Brazil is home to the Amazon rainforest, [...]
The government of the state of Meghalaya introduced a policy that made it compulsory for individuals to get vaccinated before they resume work. The policy was declared unconstitutional by the High Court of Meghalaya in June 2021 on the basis that it violated a myriad of fundamental rights including the right to privacy, right to [...]
With the ever-increasing significance of intellectual property rights in the commercial world, the speedy and effective adjudication of intellectual property (IP) disputes is all the more desirable now. Previously, a three-tier dispute resolution system for IP matters was in place. The initial one being the registrar of the respective registry, the Intellectual Property Appellate Board [...]