The incentive theory under Intellectual property regime provide reward to the new innovation made by inventor and monopoly right over it for a period of time. Competition restricts the abuse of monopoly right which is abusive in nature. It is further said that dominant position in market is not per…
The court is not obliged to use this approach as the question is ultimately that set out in section- 3,35 but failure to follow it can lead to hindsight not being properly discounted. Depending upon the facts, various other approaches might assist. The windsurfing/ Pozzoli test, in fact, does little…
In the modern economy, where there is a strong correlation between business undertakings and profit, the profit of a subject depends not only on its behaviour, but also on the behaviour of other participants in the decision making process. Therefore, the decision maker should analyze the strategies that have been…
The Discussion revolves around the current burning topic of General Anti- Avoidance Rules (GAAR) and the progress of its implementation in India. Bringing it within the statutory framework of India has become inevitable taking into account the plethora of cases on tax avoidance with no definite guidelines for the judiciary…
The establishment of the SEZs has undoubtedly helped to increase the volume of international trade. Further, a large amount of foreign investment has found its way not only into the export trade, but also into infrastructure construction and commerce. Foreign companies have been encouraged to establish their presence in the…
