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Gammeter Vs. the Controller of Patents and Designs and ors.
Kolkata
May-22-1917
Intellectual Property Rights
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 … But the section which gives power to the Governor-General in Council to make rules under the Act, is Section 77, and it is in these- words: '(1) The Governor-General in Council may make such rules as be thinks
Tag this Judgment! AI Brief & AskMicroforms Inc Vs. Girdhar and Co. and ors.
Delhi
Jan-13-2006
Intellectual Property Rights
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
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 … proprietor of the design shall have copyright in the design during five years from the date of registration.29. Section 77 empowers the Central Government to make rules, and in exercise of said powers, the Design Rules, 1933 were
Tag this Judgment! AI Brief & AskPower Control and Appliances Co. and Another Vs. Sumeet Machines Pvt. ...
Chennai
Apr-29-1992
Intellectual Property Rights
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
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 … the Copyright Act 1957, and Section 12 sub-clauses 13, 28, 29, 34, 77 to 79, Sections 81 and 96 of the Trade and Merchandize Marks … 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
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The Indian Casablancas High Draft Company Vs. the Millowners' Associat ...
Mumbai
Aug-23-1934
Intellectual Property Rights
AIR1935Bom195; (1935)37BOMLR187; 157Ind.Cas.385
in Council. Under the rules framed by the Governor-General in Council, in pursuance of the powers given under Section 77 of the Indian Patents and Designs Act (II of 1911), the petition was lodged with the Controller and … by patentee not necessary--Objectors may put in fresh grounds of objection.;Under Section 15 of the Indian Patents and Designs Act, 1911, the petition originally submitted to the Governor-General in Council and referred to the High Court for its decision
Tag this Judgment! AI Brief & AskDorman Long and Co. Ltd. Vs. Jagadish Chandra Mahindra and anr.
Kolkata
Dec-19-1934
MRTP
163Ind.Cas.997
available, whether conclusive in the matter--Indian Patents and Designs Act (II of 1911), Sections 9(2), (3), 65, 77, Rules 20, 21, 22, 62--'After hearing the … that the position in England is different to that in this country. There it is specifically provided in Section 77 of the Patents and Designs Act, 1907, that subject to rules under this Act, in any proceedings under … the opposer to act for him as agent in the proceedings before the Controller under the Patents and Designs Act.4. The learned Judge then proceeded to consider whether the Court had jurisdiction to issue a writ of certiorari
Tag this Judgment! AI Brief & AskSm. Sujata Maitra Vs. State of West Bengal and ors.
Kolkata
Apr-10-1978
Constitution
Constitution of India - Article 227(1) and 227(5); ;Constitution of India (42nd Amendment) Act; ;West Bengal Co-operative Societies Act, 1973
AIR1978Cal374,82CWN894
Exchange Regulation Act, 1973 -- Section 54, from the order of the Appellate Board. 9. The Calcutta Improvement Act, 1911-- Section 77-A from the decision of the Calcutta Improvement Tribunal. 18. There may again be cases where an appeal … Chief Judge of Court of Small Causes with similar powers of transfer. These appellate authorities are not persona designate, as held in Nandalal v. Monmatha Nath, : AIR1962Cal597 , and they are referred to as Courts which
Tag this Judgment! AI Brief & AskMusic Broadcast Private Limited Vs. Indian Performing Right Society
Mumbai
Jul-25-2011
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 … sound recording of such musical work." ............... "Staggers v. Real Authentic Sound, 77 F. Supp. 2D 57, 61n.6 (D.D.C. 1999) (Treatise quoted). See H. Rep., … 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
Tag this Judgment! AI Brief & AskN.P. Amrutesh and Another Vs. State of Karnataka and Others
Karnataka
Feb-22-1995
Constitution
Constitution of India - Articles 51A and 226; Emblems and Names (Prevnetion of Improper Use) Act, 1950 - Sections 3; Prevention of Insults to National Honours Act, 1971 - Sections 2; Constitutional Amendment Act, 1976 - Article 129; Indian Trade Marks Act, 1940; Indian Patents and Designs Act, 1911 - Sections 4, 5, 6 and 9,; Indian Merchandise Marks Act, 1889; Indian Companies Act, 1913; High Couort Judges (Service Conditions) Act, 1986; National Flag Code - Sections 7, X
AIR1995Kant290; 1996(6)KarLJ464
offend the sentiments of the people. The provisions of the Indian Trade Marks Act 1940, Indian Patents and Designs Act, 1911, Indian Merchandise Marks Act, 1889, and the Indian Companies Act, 1913, are not adequate to prevent these abuses. … responsibility towards public at large and to come forward to espouse the cause of many persons of weaker section who could not come to Court to agitate their rights enshrined under Art. 25 of the Constitution of
Tag this Judgment! AI Brief & AskWilliam Grant and Sons Ltd. Vs. Mcdowell and Compay Ltd.
Delhi
May-27-1994
Intellectual Property Rights
The Scotch Whisky Act, 1988; Scotch Whisky Order 1990; Indian Copyright Act, 1957 - Sections 2, 5, 19(2) and 92; Trade and Merchandise Marks Act, 1958 - Sections 2, 2(2), 15 and 20; Designs Act, 1911 - Sections 2(5); Indian Penal Code (IPC), 1860 - Sections 479; Code of Civil Procedure (CPC), 1908 - Order 23, Rule 3
1994IIIAD(Delhi)65; 55(1994)DLT80; 1994(30)DRJ105
be treated as a 'design'. The label cannot be a design also for the reason that in the Designs Act, 1911, section 2(5) defines 'design' as follows: . 'design' means only the features of shape, configuration, pattern or ornament applied
Tag this Judgment! AI Brief & AskHyundai Corporation Vs. Rajmal Ganna
Delhi
Sep-14-2007
Intellectual Property RightsCivil
Trademark Act, 1957 - Sections 29, 29(2), 29(3), 34 and 134; Trademark (Amendment) Act, 1999 - Sections 134 and 134(2); Designs Act, 1911; Copyright Act, 1957 - Sections 62 and 62(2); Trade and Merchandise Marks Act; Code of Civil Procedure (CPC) , 1908 - Sections 20 and 151 - Order 19, Rule 1 - Order 39, Rules 1 and 2
2007(35)PTC652(Del)
at 1998 V AD (Del) 453 Metro Plastic Industries (Regd.) v. Galaxy Footwear. This case arose under the Designs Act, 1911 and the plaintiff claimed registration of its design. The suit was a composite one and combined the prayer … per the plaint, the plaintiff is maintaining only a liaison office in Delhi and consequently the provisions of Section 134 of the Trademark Act, 1957 are neither attracted nor are satisfied. Consequently, this Court does not have
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