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The Central Board of Direct Taxes recently attempted to provide relief to individuals who are stranded in India due to the ongoing travel embargo and may be subject to double tax in India. The clarification sought by way of this circular was highly anticipated by individuals who have been stranded in India during financial year 2020-2021 and qualify as tax residents of India under the Income Tax Act. However, the circular offers no respite to individuals, unlike that issued in 2020. ....
Facts Inner Mongolia Blue Ocean Mineral Water Company Limited registered 阿尔山 (a Chinese transliteration of aershan , which means hot spring in Mongolian) as a trademark in Class 32. Inner Mongolia Yunlu Water Industry Company Limited, a mineral water manufacturer located in Aershan, China, cited Articles 10(2) and 11(1)(2) of the Trademark Law to file an invalidation claim against the trademark. Key legislative issues Article 10(2) of the Trademark Law provides as follows: No geographical names of administrative divisions at or above the county level or foreign geographical names known to the public may be used as trademarks, except where geographical names have other meanings or constitute part of a collective trademark or certification trademark… ....
In Daimler AG v Leiduck, the Court of Appeal recently reviewed what appears to have been a novel point regarding which party in civil proceedings has the burden of proving that a witness is competent to give evidence at the time of giving evidence. (1) At first instance, the judge had decided that the burden is on the party that calls the witness (in this case the defendant), as opposed to the party that challenges the competence of the witness. The defendant applied for permission to appeal aspects of the judge s ruling regarding some of the evidence ruled to be inadmissible. In considering and refusing the defendant s application, the Court of Appeal appears to have gone out of its way to confirm that the judge had been correct as a matter of principle and common sense. ....
The London Interbank Offered Rate (LIBOR) is being phased out and replaced by risk-free rates globally. The Office of the Comptroller of the Currency recently issued a self-assessment tool to help national banks, federal savings associations and federal branches and agencies of foreign banking organisations evaluate their preparedness for LIBOR's expected cessation. ....
Proudly South African trainer brand Bathu is not only becoming a beloved household name, but also building a legacy that will last. The brand has arguably captured consumers' attention by ticking all of the boxes of a Western trainer brand while simultaneously presenting an African-centric narrative. This article explores how Bathu is successfully protecting its intellectual property and, in doing so, building a sustainable and financially viable business. ....