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Start Free TrialProtection of Plant Varieties and Farmers-rights Act, 2001 Chapter III
Title: Registration of Plant Varieties and Essentially Derived Variety
State: Central
Year: 2001
.....contained in the Trade Marks Act, 1999 (47 of 1999), a denomination assigned to a variety shall not be registered as a trade mark under that Act, Section 18 - Form of application (1) Every application for registration under section 14 shall-- (a) be with respect to a variety; (b) state the denomination assigned to such variety by the applicant; (c) be accompanied by an affidavit sworn by the applicant that such variety does not contain any gene or gene sequence involving terminator technology; (d) be in such form as may be specified by regulations; (e) contain a complete passport data of the parental lines from which the variety has been derived along with the geographical location in India from where the genetic material has been taken and all such information relating to the contribution, if any, of any farmer, village community, institution or organisation in breeding, evolving or developing the variety; (f) be accompanied by a statement containing a brief description of the variety bringing out its characteristics of novelty, distinctiveness, uniformity and stability as required for registration; (g) be accompanied by such fees as may be prescribed; .....
View Complete Act List Judgments citing this sectionProtection of Plant Varieties and Farmers-rights Act, 2001 Section 15
Title: Registrable Varieties
State: Central
Year: 2001
.....that a trial of a new variety which has not been sold or otherwise disposed of shall not affect the right to protection: Provided further that the fact that on the date of filing the application for registration, the propagating or harvested material of such variety has become a matter of common knowledge other than through the aforesaid manner shall not affect the criteria of novelty for such variety; (b) distinct, if it is clearly distinguishable by at least one essential characteristic from any other variety whose existence is a matter of common knowledge in any country at the time of filing of the application. Explanation.-- For the removal of doubts, it is hereby declared that the filing of an application for the granting of a beerder's right to a new variety or for entering such variety in the official register of varieties in any convention country shall be deemed to render that variety a matter of common knowledge from the date of the application in case the application leads to the granting of the breeder's right or to the entry of such variety in such official register, as the case may be; (c) uniform, if subject to the variation that may be expected from the.....
View Complete Act List Judgments citing this sectionDesigns Act, 1911 Complete Act
State: Central
Year: 1911
DESIGNS ACT, 1911 DESIGNS ACT, 1911 2 of 1911 An Act to amend the law relating to the protection of Designs. Whereas it is expedient to amend the law relating to the protection of designs; it is hereby enacted as follows :- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT. (1) This Act may be called the Designs Act, 1911. (2) It extends to the whole of India. (3) It shall come into force on the first day of January, 1912. SECTION 02: DEFINITIONS. In this Act, unless there is anything repugnant in the subject or context:- (1) ** (2) "article" means any article of manufacture and any substance, artificial or natural, or partly artificial and partly natural; (3) "Controller" means the Controller General of Patents, Designs and Trade Marks appointed under sub-section (1) ofsection 4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) -; (4) "copyright" means the exclusive right to apply a design to any article in any class in which the design is registered ; (5) "design" means only the features of shape, configuration, pattern or ornament applied to any article by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which.....
List Judgments citing this sectionDesigns Act, 2000 Complete Act
State: Central
Year: 2000
.....Be it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Designs Act, 2000 (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; and 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 02: DEFINITIONS -In this Act, unless there is anything repugnant in the subject or context,- (a) "article" means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately; (b) "Controller" means the Controller-General of Patents, Designs and Trade Marks referred to inSec.3-; (c) "copyright" means the exclusive right to apply a design to any article in any class in which the design is registered; (d) "design" means only the features of shape, configuration, pattern, ornament or composition.....
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 sectionCentral Excise Tariff Act, 1985 Chapter 95
Title: Toys, Games and Sports Requisites; Parts and Accessories Thereof
State: Central
Year: 1985
.....of Note 1, heading 9503 applies, inter alia, to articles of this heading combined with one or more items, which cannot be considered as sets under rule 3 (b) of the General rules for the interpretation of this Schedule, and which, if presented separately, would be classified in other headings, provided the articles are put up together for retail sale and the combinations have essential character of toys. 5. Heading 9503 does not cover articles which, on account of their design, shape or constituent material, are identifiable as intended exclusively for animals, for example, "pet toys" (classification in their own appropriate heading).] Tariff Item Description of goods Unit Rate of duty (1) (2) (3) (4) 6[***] 7[9503 TRICYCLES, SCOOTERS, PEDAL CARS AND SIMILAR WHEELED TOYS; DOLLS' CARRIAGES; DOLLS; OTHER TOYS; REDUCED-SIZE ("SCALE") MODELS AND SIMILAR RECREATIONAL MODELS, WORKING OR NOT; PUZZLES OF ALL KINDS 9503 00 - Tricycles, scooters, pedal cars and similar wheeled .....
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2005 Section 23
Title: Substitution of New Sections for Sections 25 and 26
State: Central
Year: 2005
.....(ii) shall not be available where such publication does not constitute an anticipation of the invention by virtue of sub-section (2) or sub-section (3) of section 29; (c) that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the claim of the patentee and filed in pursuance of an application for a patent in India, being a claim of which the priority date is earlier than that of the claim of the patentee; (d) that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used in India before the priority date of that claim. Explanation.-For the purposes of this clause, an invention relating to a process for which a patent is granted shall be deemed to have been publicly known or publicly used in India before the priority date of the claim if a product made by that process had already been imported into India before that date except where such importation has been for the purpose of reasonable trial or experiment only; (e) that the invention so far as claimed in any claim of the complete specification.....
View Complete Act List Judgments citing this sectionCentral Excise Tariff (Amendment) Act, 2004 Chapter LXXXXV
Title: Toys, Games and Sports Requisites; Parts and Accessories Thereof
State: Central
Year: 2004
.....thereof (heading 6603); (ij) unmounted glass eyes for dolls or other toys, of heading 7018; (k) parts of general use, as defined in Note 2 to Section XV, of base metal (Section XV), or similar goods of plastics (Chapter 39); (l) bells, gongs or the like of heading 8306; (m) pumps for liquids (heading 8413), filtering or purifying machinery and apparatus for liquids or gases (heading 8421), electric motors (heading 8501), electric transformers (heading 8504) or radio remote control apparatus (heading 8526); (n) sports vehicles (other than bobsleighs, toboggans and the like) of Section XVII; (o) children's bicycles (heading 8712); (p) sports craft such as canoes and skiffs (Chapter 89), or their means of propulsion (Chapter 44 for such articles made of wood); (q) spectacles, goggles or the like, for sports or outdoor games (heading 9004); (r) decoy calls or whistles (heading 9208); (s) arms or other articles of Chapter 93; (t) electric garlands of all kinds (heading 9405); or (u) racket strings, tents or other camping goods, or gloves, mittens and mitts (classified according to their constituent material). 2. This Chapter includes articles in which.....
View Complete Act List Judgments citing this sectionCustoms Tariff Act 1975 Chapter 95
Title: Toys, Games and Sports Requisites; Parts and Accessories Thereof
State: Central
Year: 1975
.....heading 9503 applies,inter alia, to articles of this heading combined with one or more items, which cannot be considered as sets under the terms of rule 3 (b) of the General rules for Interpretation of this schedule, and which, if presented separately, would be classified in other headings, provided the articles are put up together for retail sale and the combinations have the essential character of toys. 5. Heading 9503 does not cover articles which, on account of their design, shape or constituent material, are identifiable as intended exclusively for animals, for example, "pet toys" (classification in their own appropriateheading).] Tariff Item Description of goods Unit Rate of duty Std. Prefnl. Areas (1) (2) (3) (4) (5) 10 [***] 7 [9503 TRICYCLES, SCOOTERS, PEDAL CARS AND SIMILAR WHEELED TOYS; DOLLS' CARRIAGES; DOLLS; OTHER TOYS; REDUCED--SIZE ("SCALE") MODELS AND SIMILAR RECREATIONAL MODELS, WORKING OR NOT; PUZZLES OF ALL KINDS 9503 00 -- Tricycles,.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Chapter VII
Title: Provisions for Secrecy of Certain Inventions
State: Central
Year: 1970
..... ________________________ * Inserted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Section 40 - Liability for contravention of section 35 or section 39 Without prejudice to the provisions contained in Chapter XX, if in respect of an application for a patent any person contravenes any direction as to secrecy given by the Controller under section 351[or makes or causes to be made an application for grant of a patent outside India in contravention of section 39]e application for patent under this Act shall be deemed to have been abandoned and the patent granted, if any, shall be liable to be revoked under section 64. _____________________ 1. Inserted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Section 41 - Finality of orders of Controller and Central Government All orders of the Controller giving directions as to secrecy as well as all orders of the Central Government under this Chapter shall be final and shall not be called in question in any court on any ground whatsoever. Section 42 - Savings respecting disclosure to Government Nothing in this Act shall be held to prevent the disclosure by the Controller of information.....
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