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Telemecanique and Controls (i) Limited Vs. Schneider Electric Industri ...

Court : Delhi

Subject : Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 39, Rules 1 and 2; Patents Act, 1970 - Sections 64, 68, 83, 90 and 107; Patents Rules, 1972 - Rules 73 and 74; Designs Act, 1911 - Sections 2(5); Designs (Amendment) Act, 2000 - Sections 2; Indian Law

Reported in : 94(2001)DLT865

visible and not having any aesthetic consideration. Reference was made in this behalf to Section 2(5) of the Designs Act, 1911 to contend that a design to defined not to include any mode or principle of construction or anything … view that the appellant did not fall in the category of 'is person interested' within the meaning of Section 64 of the Patent Act for the appellant to challenge the same. 10. Mr. P. Chidambaram, learned senior counsel

Natural Remedies Pvt. Ltd., Bangalore, Rep. by Its Chairman and Managi ...

Court : Karnataka

Subject : MRTP

Procedure, Order VII, Rule 1; Indian Drugs and Cosmetics Act, 1940, Section 2(1), Section 3(a); Indian Patents and Designs Act, 1911, Section 2;Patents Act, 1970, Sections 2(10), 5, 10, 13(4), 64, 104, 107, 108; Patents (Amendment) Act, 2002, Section 104-A

Monsanto Company by their Patent Agent, De Penning and De Penning Vs. ...

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Indian Patents and Designs Act, 1911; Patents Act, 1970 - Sections 2, 64(1) and 107

Reported in : AIR1986SC712; 1986(2)ARBLR19(SC); (1986)3CompLJ66(SC); 1986(1)SCALE74; (1986)1SCC642; [1986]1SCR120; 1986(1)LC304(SC)

are omitted by us as the patents in the present case were granted under the Indian Patents and Designs Act, 1911, i.e., before the Patents Act 1970). 'Invention has been defined by Section 2(j) as follows: 'Invention' means any … under Section 107 of the Patents Act 1970, that the patents were liable to be revoked under Section 64(1)(a),(b),(d),(e),(f),(g),(h),(i),(j),(k),(l) and (m) of the Patents Act. The defendant also made counter claim seeking revocation of the patents.5. A

Hindustan Lever Limited Vs. Mr. Lalit Wadhwa and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 24, 25, 25(2), 45, 48, 51A, 64, 64(1), 107, 107A, 108 and 124; Trademarks Act, 1999 - Sections 28; Designs Act, 1911 - Sections 53; Code of Civil Procedure (CPC) - Sections 20 - Order 1, Rule 10 - Order 7, Rule 11 - Order 39, Rules 1 and 2

Reported in : LC2007(3)192; 2007(35)PTC377(Del)

the decision in Tobu Enterprises (Supra). Firstly, it may be noticed that this is a decision under the Designs Act 1911 and not under the Patents Act. Under the Designs Act 1911, the proceedings for cancellation of registration of … that '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 defense' (emphasis supplied). Section 64 of the Patents Act enlist the

Scooters India Ltd. Vs. Java Hind Industries Ltd.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 25; Patent Rules, 1972 - Rule 35

Reported in : AIR1988Delhi82; 1988(1)ARBLR255(Delhi); 33(1987)DLT298

Bhushan in support of the petition and Mr. N.K. Anand in opposition thereto. (4) The Indian Patents and Designs Act, 1911 contained provisions both relating to Patents as well as to Designs. With the enactment of the Patents Act, … with the counter-claim shall be transferred to the High Court for decision. Reference may now be made to Section 64 as well which deals with revocation of patents. Under this section a 'patent may be revoked by the

Garware Wall Ropes Ltd. a Company Incorporated Under the Companies Act ...

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2(1), 6, 8, 10, 11, 11A, 11B, 12, 13, 14, 35 to 42, 47, 47(1), 47(2), 47(3), 47(4), 48, 57, 58, 64, 64(1), 64(3), 99, 100, 100(1), 101(3), 101(5), 103, 107, 156, 177 and 240; Patents and Designs Act, 1911; Patents (Amendment) Act, 2005; Patents (Amendment) Ordinance, 2005; Patents Rules, 2003; General Clauses Act, 1897 - Sections 3(23)

Reported in : 2009(3)BomCR896; 2009(111)BomLR479

into force from 1.4.1978. Therefore, considerable changes were made by 1970 Act in contrast to the Patents and Designs Act 1911. The Act was amended again in March 1999 and June, 2002 to meet India's obligations under the Agreement … raised by the contesting parties about the patent.10. Chapter XII of the Act provides for revocation of patents. Section 64 of the Act provides for various grounds on which a counter claim can be filed for revocation of

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)

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 … patents on the ground that the patent was publicly known elsewhere i.e. outside India would be committed. Section 64(e) of the Patents Act, 1970 reads as follows:-'64. Revocation of patents--(1) Subject to the provisions contained in this

Rotela Auto Components (P) Ltd. and anr. Vs. Jaspal Singh and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 4, 9, 10(4), 19, 22, 22(2), 22(3) and 38; Designs Act, 1911 - Sections 51A and 53; Patents Act - Sections 64 and 107

Reported in : 95(2002)DLT830

in Metro Plastic Industries (Regd.)'s case (supra) will not be of any held to the applicants-plaintiffs. Under the Designs Act, 1911, Section 53 did not have any provision like Sub-section (3) of Section 22, thereforee, when the Full Bench of … Singh contended that Section 107 of the Patents Act is parameter with Section 22(3) of Designs Act and Section 64 of the Patents Act is parameter with Section 19 of the Designs Act. A Division Bench of this

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 … 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 … being publicly known as used in clauses (e) and (f) of S. 64(1) of the Patents Act, 1970, it is not necessary that it should

Bajaj Auto Ltd., State of Maharashtra Rep. by S. Ravikumar Vs. Tvs Mot ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2, 10, 11, 11(2), 11(3), 11B(1), 11B(3), 12, 12(1), 13, 13(1), 13(4), 25, 26(1), 43, 47, 48, 53(1), 64, 104A, 105, 106 and 108; Patents (Amendment) Act, 2002 - Sections 48; Patents (Amendment) Act, 2005; Motor Vehicles Act; Patents Act, 1949; Patents and Designs Act, 1911 - Sections 12; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2; Designs Act, 1911 - Sections 2(8), 26(1), 51 and 53

Reported in : (2008)ILLJ726Mad; LC2008(1)217; 2008(36)PTC417(Mad)

and quo is the monopoly granted for the term of the patent. Section 12 of the Patents and Designs Act, 1911 sets out that a patent once granted confers on the patentee the exclusive privilege of making, selling and … an application for revocation of applicant's patent No. 195904 before Indian Patents Appellate Board [in short, 'IPAB'] under Section 64 of the Patents Act, 1970.10(f). In October, 2007, the respondent filed the suit in C.S. No. 979 of