Advanced Search Results

Faber-castell Aktiengesellschaf(Sic), a Company Organised Under the La ...

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Designs Act, 1911 - Sections 2, 2(5), 4, 4(2), 11(1), 43, 51A and 51A(1); Designs (Amendment) Act, 2000 - Sections 19, 19(1), 21 22(3), 48 and 48(4); Trade and Merchandise Marks Act, 1958 - Sections 2(1); ;Indian Penal Code (IPC) - Sections 479; General Clauses Act, 1897; Arbitration Act, 1996 - Sections 85; Patents Act, 1970 - Sections 64

Reported in : 2003(4)ALLMR139; 2003(6)BomCR65; 2003(4)MhLj264; 2003(27)PTC538(Bom); [2003]45SCL362(Bom)

that under the Designs Act, 1911, only a design not previously registered in India could be registered vide Section 43. Likewise, a petition for cancellation of the registration of the design could be presented on the ground that … consolidate and amend the law relating to protection of designs'. This enactment repeals the earlier Act i.e. the Designs Act, 1911. Section 48 of the new Act reads as follows:-'48. Repeal and savings.--The Designs Act, 1911 (2 of 1911) is

The Kohinoor Mills Co. Ltd. Vs. Vijay Bharat Thread Mills (India)

Court : Mumbai

Subject : Intellactual Property Rights

Reported in : (1958)60BOMLR397

matter of controversy between the parties. The petition is made under Section 51A of the Indian Patents and Designs Act, 1911. Section 51A provides that any person interested may present a petition for the cancellation of the registration of a … Turning to the provisions of the Patents and Designs. Act, the first section that may be noticed is Section 43 of the Act. Section 43 lays down that the Controller may, on the application of any person claiming

M/S. Kemp and Company and Another Vs. M/S. Prima Plastics Ltd.

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Designs Act, 1971 - Sections 43, 45, 46(3), 47, 49, and 53; Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1 and 2 - Order 40; Design Act, 1911 - Sections 2(5) and 51-A; Trade and Merchandise Marks Act, 1958 - Sections 2; Indian Penal Code (IPC), 1860 - Sections 479

Reported in : 1999(1)ALLMR64; 1999(1)BomCR239

virtue of registration of the said design, the 1st Plaintiff being registered Proprietor under the provisions of the Designs Act, 1971, claims copy rights and exclusive rights to apply the said design and to use, manufacture for the … cancellation of the registered design bearing No. 169723 of the 1st plaintiff under section 51-A of the Design Act, 1911 before the Controller of Patent and Design on the ground that the design had been published in India … section 479 of the Indian Penal Code. The provision for application for registration of design is made in section 43 of the Act which provides that on the application of any person claiming to be the proprietor of

Rajesh Masrani Vs. Tahiliani Design Pvt. Ltd.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 14, 15, 15(1), 15(2), 17 and 44; Designs Act, 2000 - Sections 2; Designs Act, 1911 - Sections 2(1)(5); Trade and Merchandise Marks Act, 1958 - Sections 2(1); Registration Act - Sections 48; Copyright Act, 1956 - Sections 49; Indian Penal Code (IPC), 1860 - Sections 479; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1, 2 and 4 - Order 43, Rule 1

Reported in : AIR2009Delhi44; 2009BusLR280(Del); LC2009(1)252

involved in the matter, it is necessary that we deal with certain provisions of the Copyright Act, 1957, Designs Act, 1911 and Designs Act, 2000.12. Section 15 of the Copyright Act, 1957 which is relevant in the present case … Manmohan Singh, J.1. The present appeal has been filed under Order XLIII Rule 1 CPC against the order dated 16th July, 2008 passed by the learned Single Judge of this

Dwarkadas Dhanji Sha Vs. Chhotalal Ravicarandas and Co.

Court : Mumbai

Subject : Intellectual Property Rights

Reported in : AIR1941Bom188; (1941)43BOMLR280

1907. Under Act II of 1911, Part I up to Section 42 refers to patents, Part II from Section 43 to Section 54 refers to designs, and Part III is general. The design in dispute has been registered … nor original. ;A certificate of registration of a design issued under Section 45 of the Indian Patents and Designs Act, 1911, is not final and conclusive, but is only prima facie evidence that the person whose name is entered

J.N. Electricals (India) Vs. President Electricals

Court : Delhi

Subject : Intellectual Property Rights

Acts : Design Act, 1911 - Sections 2(5)

Reported in : ILR1980Delhi215

configuration, upper view and side view of the plaintiffs' toaster are new and original and protected under the Designs Act, 1911 (hereinafter called 'the Act').(5) It is further averred in the plaint that the arrangement of the outer sheet … and Marchandise Marks Act, 1958 or property mark as defined in section 479 of the Indian Penal Code'.(23) Section 43 of the Act contemplates applications being filed by any person claiming to be the proprietor of a new

Telefonaktiebolaget LM Ericsson (Publ) Vs. Competition Commission of I ...

Court : Delhi

Subject : MRTP

CCI and it has a pivotal role under the Competition Act. Patents Act 119. The Indian Patents and Designs Act, 1911 was enacted for the grant of patents and for protection of inventors. After independence, a need was felt … copy of such record or document from any office. It is apparent that such powers are extensive. 61. Section 43 of the Competition Act also provides for imposition of penalty upon any person who fails to comply with

Gammeter Vs. the Controller of Patents and Designs and ors.

Court : Kolkata

Subject : Intellectual Property Rights

Reported in : 48Ind.Cas.437

of Section 45 of the Specific Relief Act, 1877, and, in the matter of the Indian Patents and Designs Act, 1911.' Section 45 of the Specific Relief Act provides as follows: Any of the High Courts of Judicature at Fort … to consider.6. The first part of this Act deals with patents, and the second part, which begins at Section 43, deals with designs and Section 43 provides, in Sub-section (1) that 'The Controller may, on the application of

iag Co. Ltd. Vs. Triveni Glass Ltd.

Court : Kolkata

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 22, 22(2), 22(3), 48 and 48(2) to 48(5); ;Designs Act, 1911 - Section 53; ;Designs Rules, 1933; ;Designs Rules, 2001; ;General Clauses Act, 1897 - Section 6

Reported in : (2004)3CALLT71(HC),2004(29)PTC665(Cal),[2004]51SCL498(Cal)

Ltd. v. Tide Water Oil Co. (I) Ltd. 1996 PTC (60) 202. It is also clear from Sections 43, 44, 45 and 46(3) of the Designs Act, 1911 that the certificate of registration was to be issued … after the Designs Act, 2000, in a suit for protection of copyright in a design registered under the Designs Act, 1911, Section 22(3) of the Designs Act, 2000 would, prima facie, apply; and hence this court should take same view

Hindusthan Lever Limited Vs. Godrej Soaps Limited and Others

Court : Kolkata

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 3, 13(4), 27, 43, 48(1), 64(1) and 107;; Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1 and 2;; Indian Patents and Designs Act, 1911 - Section 12(1)

Reported in : AIR1996Cal367,(1997)1CALLT123(HC),100CWN562

been substituted in place of the term 'exclusive privilege' used in S. 12(1) in the Indian Patents and Designs Act, 1911. It has been submitted by him that the substitution of the expression 'privilege' by the expression 'right' has … facie reason for supposing a patent to be valid in this context. 43. Mr. Mukherjee has also relied upon the decision of our Apex Court … such admixture as a substance obtained by a mere admixture is not an invention within the meaning of Section 3(e) of the Patents Act, 1970. According to the respondent No. 1, the alleged invention under the Patent