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Mrs. Sheila Anil Paul Vs. the Acit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2004)90ITD605(Mum.)

entitled for this claim. Ld. D.R has also relied upon the definition of "design" as per the. The Designs Act, 1911 and emphasized that the design should be applied to any article for industrial process or mechanical purpose.This definition … CIT (A) XX. Mumbai dated 30/7/2002 and the only issue is in respect of claim of deduction Under Section 80-O of Rs. 15,13,593/-. This issue was agitated in the grounds of appeal reads as follows: "1. In

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 … has a major presence in the fashion industry in India and enjoys a global reputation and has over 80 outlets in 20 countries.4. In September 2003, he became the first Indian designer to showcase his work at

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 … defendants never applied for cancellation of the registered design of the plaintiffs, in respect of the electric toaster, Section 2(5) of the Designs Act, 1911 defines 'design' which is as under : 'DESIGN'means only the features of … the plaintiffs' toaster. He stated that the sale stood at about Rs. 80,000 in 1977.(16) This witness also proved catalogue which was got registered by

Midas Hygiene Industries Pvt. Ltd. Vs. Sudhir Bhatia

Court : Delhi

Subject : Intellectual Property

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: *714 design means only the features of shape, configuration, pattern or ornament applied … as well as other decisions, notably William Grant and Sons v. McDowell's and Co. Ltd. 55 (1994) DLT 80; Hindustan Lever Ltd. v Nirma (Pvt) Ltd AIR 1992 Bom 195 to the following effect: The expression 'design'

Bayer Corporation United States of America Vs. Union of India through ...

Court : Mumbai

Subject : Education

broadly divided into two categories viz. Industrial property and Copyrights. Industrial property would include patents, trade marks, industrial designs while Copyright would include literary and artistic works. A patent is an intellectual property right granted to an … country can provide for legislative measures to ensure due working/ exploitation of the patent. Significantly, Patent and Design Act 1911 which governed the Law of Patents in India also provided for grant of compulsory licence so as to … Patents (Controller) granting Compulsory License to M/s. Natco Pharmaceuticals Limited (Natco) under Section 84 of the Patent Act 1970 (the Act). This compulsory licence was

N.V. Philips Vs. Commissioner of Income-tax (No. 1)

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 9(1), 256(1) and 263; ;Finance Act, 1976; ;Patents Act, 1970; ;Indian Patents and Designs Act, 1911; ;Companies (Profits) Surtax Act, 1964 - Schedule - Rule 1

Reported in : (1987)65CTR(Cal)103,[1988]172ITR521(Cal)

considered the definition of the word 'patent' in the Patents Act, 1970, and the Indian Pa tents and Designs Act, 1911, and also the provisions therein for the grant and user of patents and held that a patent was … of the assessee whereas if the said amounts were treated as royalty, 80 per cent, of the same would be taxable in the hands of … the assessee as the same were technical assistance fees. The Commissioner subsequently set aside the said assessment under Section 263 of the Income-tax Act, 1961 ('the Act'), as he was of the opinion that the payments received

Power Control Appliances and ors. Vs. Sumeet Machines Pvt. Ltd.

Court : Supreme Court of India

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copyright Act, 1957 - Sections 17, 51, 52 and 55

Reported in : JT1994(2)SC70; 1994(1)SCALE446; (1994)2SCC448; [1994]1SCR708

components of the mixer, Mrs. Madhuri Mathur had obtained registration of their design under Part II of the Designs Act, 1911. Those components are:i) Dry grinding blade,ii) Whipper blade,iii) Polycarbonate domeiv) Stainless steel jar with rim.12. Each one of … the title 'Sumeet Domestic Mixer-Operating Instructions and Recipe Book*. That consisted of 80 pages bound spirally in hard art paper cover. A guarantee card was … the 1st plaintiff is the owner of copyright with respect of all the above items in terms of Section 17 of the Copyright Act, 1957. 'Sumeet' mixy came to be in great demand in India and abroad.

Ferrero Spa and Ors Vs. Vm Siddiq and Anr

Court : Delhi

Subject : MRTP

this legal perspective, I think, the present petition for cancellation of design under Section 51-A of „ The Designs Act, 1911‟ does not fall within the purview of Section 22 of the Act. Clearly this petition is not for

Assocn. Of Vasanth Appts. Owners Vs. V. Gopinanth And Ors.

Court : Supreme Court of India

Subject : Land Acquisition

borne out by- (1) G.O.Ms. No.743, Housing and Urban Development, dated 10.5.1979, 80 (2) G.O.Ms. No.940, Housing and Urban Development, dated 8.10.1982, (3) the Development … roads shall be reserved and this space shall be transferred to the authority or to the local body designated by it, free of cost, through a deed. It is obligatory to reserve the 10 percent of the … in AIR1994Supreme Court 2550 [relevant para- 9]. has held that the statutory provisions U/S1921)(c) of the Punjab Municipal Act'1911 and U/S2031)(c) of Haryana Municipal Act'1973 enabling the State to seek transfer of land to the extent of … IS THE IMPUGNED RULE/ REGULATION ULTRA VIRES?. ............................ 91 THE IMPACT OF SECTIONS36AND37...................................................... 95 IS THE IMPUGNED RULE/REGULATION BAD FOR THE REASON THAT IT IS

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 … to as the 'impugned order' or 'impugned orders') passed by the Competition Commission of India (hereafter 'CCI') under Section 26(1) of the Competition Act, 2002 (hereafter referred to as 'the Competition Act'). The impugned order dated 12th … Aamir Khan Production Pvt. Ltd. v. Union of India: 2011(1) Bom. C.R. 802 in support of his contention that CCI had the power to determine