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Start Free TrialPatents Act, 1970 (39 of 1970) Section 104A
Title: Burden of Proof in Case of Suits Concerning Infringement
State: Central
Year: 1970
.....that the identical product is made by the process, and the patentee or a person deriving title or interest in the patent from him, has been unable through reasonable efforts to determine the process actually used: Provided that the patentee or a person deriving title or interest in the patent from him, first proves that the product is identical to the product directly obtained by the patented process. (2) In considering whether a party has discharged the burden imposed upon him by sub-section (1), the court shall not require him to disclose any manufacturing or commercial secrets, if it appears to the court that it would be unreasonable to do so.] ________________________ 1. Inserted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.
View Complete Act List Judgments citing this sectionPatents Act, 1970 Complete Act
State: Central
Year: 1970
PATENTS ACT, 1970 PATENTS ACT, 1970 39 OF 1970 An Act to amend and consolidate the law relating to patents. BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:- CHAPTER 1 : PRELIMINARY SECTION 1 : Short title, extent and commencement (1) This Act may be called the Patents Act, 1970. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint : Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. SECTION 2 : Definitions and interpretation (1) In this Act, unless the context otherwise requires,- (a) "Appellate Board" means the Appellate Board referred to in Sec. 116; (ab) "assignee" includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person; (aba) "Budapest Treaty" mean the Budapest.....
List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Amending Act I
Title: Amendment Act
State: Central
Year: 1970
PATENTS(AMENDMENT) ACT, 2002 [Act,No. 38 of 2002] [25thJune, 2002] PREAMBLE AnAct further to amend the Patents Act, 1970 BEit enacted by Parliament in the Fifty-third year of the Republic of India asfollows :- 1.Short title and commencement (1)This Act may be called the Patents (Amendment) Act, 2002. (2)It shall come into force on such 1 date as the Central Governmentmay, by notification in the Official Gazette, appoint; and different dates maybe appointed for different provisions of this Act and any reference in any suchprovision to the commencement of this Act shall be construed as a reference tothe coming into force of that provision. 2.Substitution of certain words for the words "High Court" and "Court" Inthe Patents Act, 1970 (39 of 1970) (hereinafter referred to as the principalAct), for the words "High Court" wherever they occur in sections 21, 43 and71 and the word "Court" occurring in sections 21 and 71, the words "AppellateBoard" and "Board" shall respectively be substituted. 3.Amendment of section 2.- Insection 2 of the principal Act, in sub-section (1),- (a)for clause (a), the following clauses shall be substituted, namely :- .....
View Complete Act List Judgments citing this sectionState of Himachal Pradesh Act, 1970 Part VI
Title: Assets and Liabilities
State: Central
Year: 1970
.....(2) may provide that the Stale of Himachal Pradesh shall be successor State in relation to the transferred territories for all or any of the purposes of the Punjab Reorganisation Act, 1966, or confer or imp, se on the State of Himachal Pradesh rights and obligations which correspond so far as may be to the rights and obligations conferred or imposed on the successor States by or under that Act. (4) Without prejudice to the provisions of section 49, the Central Government may, for the purpose of giving effect to the provisions of this section, by order, direct that the provisions of Part IV, Part VII, Part VIII and Part IX and connected provisions of the Punjab Reorganisation Act, 1966, shall have effect subject to such exceptions and modifications as may be specified in the order.
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Chapter XVIII
Title: Suits Concerning Infringement of Patents
State: Central
Year: 1970
.....prayed for. Explanation.A mere notification of the existence of a patent does not constitute a threat of proceeding within the meaning of this section. Section 107 - Defences, etc., in suits for infringement (1) In any suit for infringement of a patent every ground on which it may be revoked under section 64 shall be available as a ground for defence. (2) In any suit for infringement of a patent by the making, using or importation of any machine, apparatus of other article or by the using of any process or by the importation, use or distribution or any medicine or drug, it shall be a ground for defence that such making, using, importation or distribution is in accordance with any one or more of the conditions specified in section 47. Section 107A - Certain acts not to be considered as infringement 1[107A. Certain acts not to be considered as infringement For the purposes of this Act,- (a) any act of making, constructing,2[using, selling or importing] a patented invention solely for uses reasonably related to the development and submission of information required under any law for the time being in force, in India, or in a country other than India, that.....
View Complete Act List Judgments citing this sectionState of Himachal Pradesh Act, 1970 Section 38
Title: Special Provision as to Transfer of Assets, Rights, Liabilities, Etc., of Union in Relation Totransferred Territories Under Act 31 of 1966
State: Central
Year: 1970
.....(2) may provide that the Stale of Himachal Pradesh shall be successor State in relation to the transferred territories for all or any of the purposes of the Punjab Reorganisation Act, 1966, or confer or imp, se on the State of Himachal Pradesh rights and obligations which correspond so far as may be to the rights and obligations conferred or imposed on the successor States by or under that Act. (4) Without prejudice to the provisions of section 49, the Central Government may, for the purpose of giving effect to the provisions of this section, by order, direct that the provisions of Part IV, Part VII, Part VIII and Part IX and connected provisions of the Punjab Reorganisation Act, 1966, shall have effect subject to such exceptions and modifications as may be specified in the order.
View Complete Act List Judgments citing this sectionThe Pondicherry Revenue Recovery Act, 1970 Complete Act
State: Pondicherry
Year: 1970
.....aggrieved by proceedings. 60. Claim of Government to have precedence over all others. 61. Repeal and savings. THE PONDICHERRY REVENUE RECOVERY ACT, 1970 (Act No. 14 of 1970) 20th June 1970. An Act to provide for the recovery of arrears of revenue in the Union territory of Pondicherry. Be it enacted by the Legislative Assembly of Pondicherry in the Twenty-first Year of the Republic of India as follows:- Short title, extend and commencement:- 1. (1) This Act may be called the Pondicherry Revenue Recovery Act, 1970. (2) It extends to the whole of the Union territory of Pondicherry. (3) It shall come into force on such The Act came into force on the 1st day of August, 1970 vide Notification No.B-819/68-Rev. I, dated 25th July, 1970 date as the Government may, by notification in the Official Gazette, appoint. Definitions:- 2. In this Act, unless the context otherwise requires,- (a) "Collector" means the Secretary to Government Revenue, Finance, and Planning Department, Pondicherry and includes the Deputy Collector (Revenue), Pondicherry for Pondicherry region, and the Administrators, Karaikal, Mahe and Yanam in their respective regions; (b) "Fasli Year".....
List Judgments citing this sectionWest Bengal Court Courtfees Act, 1970 Complete Act
State: Central
Year: 1970
.....to the same estate. (2) Whenever such a grant has been or is made in respect of any property forming part of an estate, the amount of fees then actually paid under this Act shall be deducted when a like grant is made in respect of property belonging to the same estate, identical with or including the property to which the former grant relates. SECTION 27: PROBATE DECLARED VALID AS TO PROPERTY THOUGH NOT COVERED BY COURT COURT--FEE - The probate of the will, or the letters of administration of the effects, of any person deceased heretofore or hereafter granted shall be deemed valid and available by his executors or administrators for recovering, transferring or assigning any movable or immovable property whereof or whereto the deceased was possessed or entitled, either wholly or partially as a trustee, notwithstanding the amount or value of such property is not included in the amount or value of the estate in respect of which a court-fee was paid on such probate or letters of administration. SECTION 28: PROVISION FOR CASE WHERE TOO LOW A COURT--FEE HAS BEEN PAID ON PROBATES, ETC - Where any person on applying for probate or letters of administration has estimated the.....
List Judgments citing this sectionThe Rajasthan Housing Board Act. 1970 Complete Act
State: Rajasthan
Year: 1970
.....to anything attached to the earth; (12)"local authority" includes a Municipal Board established under section 7 of the Rajasthan Municipalities Act 1959 (Act 38 of 1959), a panchayat established under section 3 of the Rajasthan Panchayat Act, 1953 (Act 21 1953) or a Punchiest Semitic of a zeal Paris had respectively constituted under section 7 and 42 of the Rajasthan Panchayat Semites and Zola Parish ads Act,1959 (Act 37of 1959); Explanation:- The expression "Municipal Board" wherever used in this Act, shall be deem end to include a Municipal Council or any other Municipal authority: (13)"master plan" means, the master plan prepared as approved for any urban area in accordance with the provisions of Chapter II of the Rajasthan Urban Improvement Act, 1959 (Act 35 of 1959); (14)"member" means the Chairman and other members of the Board; (15)" notification" means a notification published in the Official Gazette; (16)"premises" means any land or building or part of a building and includes,- (i) The gardens, grounds and out-houses, if any, appertaining to such building or part of a building and (ii) Any fittings affixed to such building or part of a building for the more.....
List Judgments citing this sectionState of Himachal Pradesh Act, 1970 Section 37
Title: Property, Assets, Rights, Liabilities, Obligations, Etc
State: Central
Year: 1970
..... (a) any tax or duty being a tax or duty enumerated in the State List in the Seventh Schedule to the Constitution, or (b) any duty referred to in Article 268, or (c) any tax under the Central Sales Tax Act, 1956, which have fallen due in the existing Union territory of Himachal Pradesh shall pass to the State of Himachal Pradesh. (4) The provisions of this section shall not apply to or in relation to,-- (a) any benefit or burden of any assets, rights, liabilities or obligations of the Union under the Punjab Reorganisation Act, 1966 attributable to the transferred territories as defined in the said Act; (b) any institution, undertaking or project the expenditure in relation to which is immediately before the appointed day met from out of the Consolidated Fund of India; (c) any property which has been placed by the Union at the disposal of the Administration of the existing Union territory of Himachal Pradesh subject to the condition that the ownership thereof will continue to vest in the Union. Explanation.-- For the purposes of this section-- (a) "liability" includes liability in respect of any civil deposit, local fund deposit, charitable or other endowment,.....
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