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Novartis Ag and ors. Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 3(d)(b), 2(1)(d), 133, 24(A), 25(1), 2(8)(10), 14, 5, 10; Atomic Energy Act, 1962 - Section 20(1); Patents and Designs Act, 1911

patents in the country.31. At the time of Independence, India’s patent regime was governed by the Patents and Designs Act, 1911, which had provisions both for product and process patents [Section 2(8) “Invention” means any manner of new manufacture … with the terms “non-obvious” and “useful” respectively.] Subject to paragraph 4 of Article 65, paragraph 8 of Article 70 and paragraph 3 of this Article, patents shall be available and patent rights enjoyable without discrimination as to

Novartis Ag Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Intellectual Property

patents in the country.31. At the time of Independence, India’s patent regime was governed by the Patents and Designs Act, 1911, which had provisions both for product and process patents[9].. It was, however, generally felt that the patent law … a lesser degree of consistency with the provisions of this Agreement. Article 70 Protection of Existing Subject Matter 1 to 6 xxx 7.   In the case … Alam, J.1. Delay condoned.2. Leave granted in all the special leave petitions.3. What is the true import of section 3(d) of the Patents Act, 1970?. How does it interplay with clauses (j) and (ja) of section 2(1)?.

Aalok Jagga vs.union of India & Ors.

Court : Delhi

Subject : Land Acquisition

a "transitional area" for the purpose of constituting the Nagar Panchayat Naya Gaon as per the Punjab Municipal Act, 1911. Subsequently, the draft master plan was published vide Notification 14.08.2008 and approved final master plan was published vide … and the administration is actively pursuing for inclusion of the Capitol Complex designed by Le Corbusier in the UNESCO World Heritage List and, therefore, it … notified by the State of Punjab vide public notice dated 23.08.2008 inviting objections/suggestions from public as provided under Section 70(3) of the PRTP&D Act, 1995. xxxviii. After considering the objections and suggestions received from the general public the

Sarin Memorial Legal Aid Foundation vs.state of Punjab & Ors.

Court : Delhi

Subject : Land Acquisition

a "transitional area" for the purpose of constituting the Nagar Panchayat Naya Gaon as per the Punjab Municipal Act, 1911. Subsequently, the draft master plan was published vide Notification 14.08.2008 and approved final master plan was published vide … and the administration is actively pursuing for inclusion of the Capitol Complex designed by Le Corbusier in the UNESCO World Heritage List and, therefore, it … notified by the State of Punjab vide public notice dated 23.08.2008 inviting objections/suggestions from public as provided under Section 70(3) of the PRTP&D Act, 1995. xxxviii. After considering the objections and suggestions received from the general public the

The Registrar of Trade Marks and anr. Vs. Kumar Ranjan Sen and ors.

Court : Kolkata

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 2(1), 2(2), 4(2), 21(5), 23(1), 56 and 56(4)

Reported in : AIR1966Cal311

of this Act and the Controller of Patents and Designs for the purposes of the Indian Patents and Designs Act, 1911. 2. The Central Government may appoint such other officers with such designations as it thinks fit for the … this case. A copy of the authorisation appears at pages 69 to 70 of the paper book. Section 5 deals with the establishment of a … should not be treated as not admissible as having been filed beyond time and as such barred under Section 21(1) of the said Act read with Rule 51 of the Trade and Merchandise Marks Rules 1959. On

Lakhpat Rai and ors. Vs. Sri Kishan Das and ors.

Court : Allahabad

Subject : CivilIntellectual Property Rights

Reported in : AIR1918All24; (1919)ILR61All68; 48Ind.Cas.450

claimed under the head of damages; that much the plaintiffs must bear themselves.Piggott J.15. I concur. Patents and Designs Act (II of 1911), Section 3 - patent--Invention, what is--Combination of old materials in new form, whether can be

Samsonite Corporation Vs. Vijay Sales

Court : Delhi

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1, 2 and 4; Designs Act, 1911; Industrial Designs Act, R.S.C. 1970; Copyrights Act, 1957 - Sections 15

Reported in : 73(1998)DLT732

Statutory protection in such features, if novelty exists herein, an be claimed only under the provisions of the Designs Act, 1911 by obtaining registration thereunder. No such design registration is claimed by the plaintiffs. b) It is submitted that … the aforesaid travel case is a three dimensional representation, is an original artistic work within the meaning of Section 2(c) of the Copyright Act, 1957. The said artistic work is subject matter of copyright protection in India … representatives of plaintiff no. 2 thereafter purchased a suit case of ODYSSEY 700 GLX series from defendant no. 1 situated in New Delhi on 31.1.1997.

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 … spark plugs for efficient combustion of lean air fuel mixture in small bore ranging from 45 mm to 70 mm internal combustion engine working on 4 stroke principle. The respondent, M/s. TVS Motor Company Limited has launched

Dart Industries Inc. and anr. Vs. Techno Plast and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 2, 4, 11, 18, 19, 20, 22, 22(2)(3), 22(3) and 29; Copyright Act, 1957 - Sections 2, 13, 14, 15, 17, 45, 51, 53 and 55; Designs Rules, 2001; Designs Act, 1911; Patent Act; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2

Reported in : 2007(35)PTC285(Del)

provides as under:1. Copyright shall not subsist under this Act in any design which is registered under the Designs Act, 1911(2 of 1911).2. Copyright in any design, which is capable of being registered under the Designs Act, 1911 (2 … are two plaintiffs in this case who have filed this suit for permanent injunction against the defendants under Section 22 of the Designs Act, 2000 read with Section 55 of the Copyright Act, 1957. The plaintiff No. … -- -- 41, 42 & 43BOWL Pg 1143. SOUP SERVER 186134/Dt-24-7-2001 114 70, 76 --WITH LADLE Pg 1194. CRYSTALWAVE 188562/Dt-26-03-2002 4, 69, 37, 62, 79

Music Broadcast Private Limited Vs. Indian Performing Right Society

Court : Mumbai

Subject : Intellectual Property

reads as follows: "15. Special provision regarding copyright in designs registered or capable of being registered under the Designs Act, 1911. - (1) Copyright shall not subsist under this Act in any design which is registered under the Designs … one for the music and one for the sound recording." (emphasis supplied) 70. The commentary supports not the defendant but the plaintiff. The sentence emphasised … operate and maintain FM radio stations at various places in India. The defendant, a Copyright Society constituted under section 33 of the Copyright Act, 1957 administers the rights of lyricists and composers and issues licences to perform