TMI Blog2015 (11) TMI 1180X X X X Extracts X X X X X X X X Extracts X X X X ..... e not able to achieve the milestones and they will not be able to enjoy their rights at all. On the other hand, if they achieve the milestones, there is no indication that they have to make payments periodically. Prima facie, in our opinion, it cannot be said that the transfer is a temporary one. - Since we have found a prima facie case on the ground that the transfer in this case cannot be considered as a temporary one, we consider that appellant has made out a prima facie case for complete waiver only on that basis - Stay granted. - ST/Stay/507/2012 in ST/792/2012-DB, ST/792/2012-DB - MISC ORDER No.23151-23152 / 2014 - Dated:- 24-11-2014 - Shri B.S.V.Murthy, Technical Member And Shri S.K. Mohanty, Judicial Member For the Petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a). This right was transferred from BBPL to BL. There were three agreements in all. The first agreement was, as mentioned earlier for creating the joint-venture company BBPL, second agreement was an agreement amending the definition of territory and the third agreement transferred the right discussed above from BBPL to BL. However the responsibility for supplying CIMAB products to BL for consideration still remain with BBPL and registration of the products in India was to be done by BBPL itself. The service tax demand is on the amount paid by BL to the appellant for grant of non-exclusive right for registering, importing, promoting, distributing, selling the products. The purpose of the joint-venture agreement between CIMAB and BL is for ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ritories for Nimotuzumab, if BIOCOM commences clinical trials or files for registration of Nimotuzumab in each of South Afrcia, Kenya and Mauritus before December 31, 2009 and thereafter achieves within 3 years from the date of this Third Amendment total sales in excess of USD five hundred thousand (USD 500,000) in the New Territories for Nimotuzumab. 4. It can be seen from the condition that additional rights will not be granted to any third party for a period of two years and the appellant gets time of one more year to achieve the turnover for a particular product. In our opinion when a right is transferred temporarily, there will be a cost to be paid on the basis of specific parameters periodically. In the case of permanent transfer, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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