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Farbewerke Hoechst Aktiengesellschaft Vormals Meister Lucius and Bruni ...

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Patents and Designs Act, 1911 - Sections 29; India Evidence Act, 1872 - Sections 58, 101, 106, 114 and 115; Code of Civil Procedure (CPC), 1908 - Sections 100 and 101

Reported in : AIR1969Bom255; (1974)76BOMLR130

1. This is a suit for infringement of patent under Section 29 of the Indian patents and Designs Act, 1911, filed by the plaintiffs who are the legal owners and proprietors of Indian Patent No. 58716 in respect … of the word at the critical date. In the later case of Electrolux Ld. v. Electrix Ltd. (1953) 71 RPC 23 Jenkins L. J. dealing with the question of delay, observed (at p.40) that the defendants were

Microforms Inc Vs. Girdhar and Co. and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13(1), 14, 15, 15(2), 40, 48 and 51; ;Designs Act, 2000 - Sections 2 and 2(5); Designs Act, 1911; ;Trade and Merchandise Marks Act, 1958 - Sections 2 and 2(1); ;Patents Act; ;Indian Penal Code (IPC), 1860 - Sections 479; ;Copyright Act, 1957 - Sections 15

Reported in : 128(2006)DLT238; 2006(32)PTC157(Del)

registration of designs in India under the provisions of the said Act or the predecessor Act being the Designs Act, 1911 (hereinafter referred to as the Designs Act, 1911) The plaintiff having failed to complete the requisite formalities under … The plaintiff has claimed that the artistic work constitutes original artistic work as defined within the meaning of Section 2(c) of the Copyright Act. The plaintiff also claims that it enjoys copyright protection in India as a

imperial Chemical Industries Ltd. Vs. Controller General of Patents, D ...

Court : Kolkata

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2, 67, 71, 87 and 88; ;Patents and Desings Act, 1911

Reported in : AIR1978Cal77

the expiration of three years from the date of sealing of the patent under the Indian Patents and Designs Act, 1911, whichever is later; and(b) every patent granted after the commencement of this Act in respect of any such … and published in the official gazette, if the appellant felt aggrieved should have moved under the provisions of Section 71 of the Act and unless that was done, the entry in the register should be deemed to be

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. … and bound by William Clowes Ltd., England on Page No. 68 & 71.(ii) This product Tumbler with Lid is also shown in Yesterdaypaper.com magazine ad

Bucyrus Europe Limited and anr. Vs. Vulcan Industries Engineering Comp ...

Court : Kolkata

Subject : CivilIntellectual Property Rights

Acts : Code of Civil Procedure (CPC) , 1908 - Section 94 - Order 39 Rule 3; ;Copyright Act, 1957 - Section 15 and 15(2); ;Designs Act

Reported in : 2005(1)CHN106,2005(30)PTC279(Cal)

on 4th March, 1997, the appellant No. 1 applied for and obtained the registration of the design under Designs Act, 1911. It was also stated that the equipments of the appellants were launched in or about May, 1997.7. The … highly relevant facts in view of the provisions of the Designs Act, 2000 (hereinafter referred to as DA). Section 19 of DA provides for filing of application for cancellation of registered design and also indicates the grounds … Anton Piller K. G. v. . and Ors., reported in 1976 RPC 719.16. Reliance was placed on pages 725-726 of the report in Anton Piller

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 … embodied nor in the technological process by which it is so embodied. 71. Mr. Seervai relied upon the following commentary from The Law of Entertainment … 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

Hello Mineral Water Pvt. Ltd. Vs. thermoking California Pure

Court : Delhi

Subject : Intellectual Property Rights

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

Reported in : 2000(56)DRJ700

be appropriate here to reproduce the definition of 'design' as used in Sub-section (5) of Section 2 of Designs Act, 1911. It reads as under:'(5) 'design' means only the features of shape, configuration, pattern or ornament applied to any

Power Control and Appliances Co. and Another Vs. Sumeet Machines Pvt. ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 -Order 14, Rule 8 - Order 19, Rule 3 - Order 39, Rules 1 and 2 - ; Evidence Act, 1872 - Sections 115; Trade and Merchandise Marks Act, 1958 - Sections 2, 79; Designs Act; Copyright Act, 1957 - Sections 12, 14, 16, 17, 22, 23, 51, 55. 81 and 96; Patents and Designs Act, 1911

Reported in : AIR1993Mad120

the learned senior counsel drew my attention to the registration certificate of the designs under the Patents and Designs Act 1911 issued by the authorities constituted under the Act over five designs being adopted and followed by the applicants … applications.10. In support of the case of the applicants, as many as 71 documents have been filed and relied on by the applicants in support … case on behalf of the applicant, the learned senior counsel drew my attention to the definition provided under Section 2 that various sub-clauses of the Trade and Merchandize Marks Act 1958 as well as the definition under

Boehringer Ingelheim Pharma Gmbh and Co Kg vs the Controller of Patent ...

Court : Delhi

Subject : Land Acquisition

(3) Suits complaining of groundless threats of infringement proceedings (clause 66).285. Section 29 of the Indian Patents & Designs Act, 1911,enables a patentee to institute a suit in a District Court having jurisdiction to try the suit against … supplemental record, on the basis of which the defendant in the suit could take separate steps under Section 71(1)11 of the Patents Act for rectification of the Register. A finding of invalidity, which would follow from a

Satya Charan Sur Vs. State of West Bengal

Court : Kolkata

Subject : Civil

Acts : Court Fees Act, 1870 - Section 8 - Schedule - Articles 1 and 11; ;Requisitioning and Acquisition of Immovable Property Act, 1952 - Sections 7 and 8; ;Requisitioned Land (Continuance of Powers) Act, 1947 - Section 5; ;Code of Civil Procedure (CPC) , 1908 - Section 2(2) and 2(14)

Reported in : AIR1959Cal609,63CWN325

be noted however that both in the Calcutta Improvement Act (5 of 1911), under which the award in : AIR1932Cal346 , had been made, and … the Court in reference to the acquisition of land for the Board under the Land Acquisition Act; and Section 71 provides that for the purpose of acquiring land under the Act for the Board the Tribunal shall be … the Arbitrator is not a Court. The award is that of the Arbitrator, who is merely a persona designate under a particular Act and his Award is not a decree, nor is it an order haying the