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Microfibres Inc. Vs. Girdhar and Co. and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 6, 11, 13, 13(2), 14, 15, 15(1), 15(2), 16, 22, 40, 63, 67; Copyright Act, 1967 - Sections 15; Designs Act, 2000 - Sections 2, 4, 11(2), 12 and 19(1); Design Act of 1911 - Sections 2(5); Patent and Designs Act; Patent Act; Trade Marks Act; U.K. Designs Act, 1949 - Sections 1(3); Trade and Merchandise Marks Act, 1958 - Sections 2(1); Indian Penal Code (IPC) - Sections 120B, 415, 420 and 479; New Design Rules, 2001; Copyright Law

Reported in : LC2009(2)229; 2009(40)PTC519(Del)

not significantly distinguishable fromknown designs or combination of known designs; or (d) comprises orcontains scandalous or obscene matter, Section 12 (The Designs Act, 2000) : Restoration of lapsed designs.-(1) Where a design has ceased tohave effect by reason … that the learned Single Judge held that the designs in question were capable of being registered under the Designs Act, 2000 and consequently the appellant was not entitled to seek protection under the copyright law as the designs had

Mariappan Vs. A.R. Safiullah,

Court : Chennai

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 23 and 53; Patents Act, 1970 - Sections 2, 12, 13(4), 43, 45(1), 48, 53, 104 and 108; Patents and Designs Act, 1911 - Sections 11 and 26(1); Patents (Amendment) Act, 2005; Copyright Act, 1967; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1 and 2

Reported in : 2008(5)CTC97; LC2008(3)431; (2008)6MLJ1117; 2008(38)PTC341(Mad)

be granted. It is also submitted by the learned senior counsel that as per Section 23 of the Designs Act, 2000, provisions of Patent Act pertaining to validity of patents apply to the Designs Act and consequently the provisions … Section 13(4) of the Patents Act, 1970. The said provision says that the examination and investigations required under Section 12 and this Section shall not be deemed in any way to warrant the validity of any patent and

Reckitt Benckiser (India) Ltd. Vs. Wyeth Limited

Court : Delhi

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 2, 3, 4, 7, 10, 17, 19, 19(1), 22, 22(1), 22(2), 22(3), 26 and 44; Copyright Act, 1957; Evidence Act, 1872 - Sections 65; Copyright, Designs and Patents Act, 1988; Registered Designs Act, 1949 - Sections 5 and 5(2); Code of Civil Procedure (CPC) - Order 39, Rules 1, 2 and 4; Designs Rules, 2001 - Rules 22 and 27

Reported in : 162(2009)DLT298; 2009(41)PTC24(Del)

in favour of the plaintiff is liable to be cancelled under the provisions of Section 19 of the Designs Act, 2000 (hereinafter referred to as the 'said Act'). According to the defendant, the plaintiff's said design registration was liable … and the printouts were said to be from before November, 2003. To substantiate this plea, a letter dated 12.04.2007 from the said agency was also annexed to the said affidavit. According to the deponent, the picture attachments

Bharat Glass Tube Limited Vs. Gopal Glass Works Limited

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 1, 1(3), 2, 3, 4, 5, 6, 7, 9, 10, 11, 11(2), 12, 17, 18, 19, 22, 32, 36, 37, 44 and 51; Designs Act, 1911 - Sections 51A; Trade and Merchandise Marks Act, 1958 - Sections 2 and 2(1); Indian Penal Code (IPC), 1860 - Sections 479; Copyright Act, 1957 - Sections 2; Registered Designs Act, 1949; Designs Rules, 2001 - Rules 11 and 29

Reported in : AIR2008SC2520; LC2008(2)173; (2008)5MLJ939(SC); 2008(37)PTC1(SC); 2008(8)SCALE4; (2008)10SCC657; 2008AIRSCW3509; 2008AIRSC2520; [2008] 7 SCR 397

up and colour shades and the same were registered and/or were awaiting registration as industrial designs under the Designs Act, 2000 (hereinafter to be referred to as the Act of 2000) and the Rules framed thereunder. For production of … by anyone else. On or about 29.10.2002 the respondent applied to the Controller of Patents and Designs under Section 51 of the Act of 2000 for registration of the said design in Class 25-01. The said design … five years from the expiration of the original period of ten years.Section 12 deals with restoration of lapsed designs which reads as under:12. Restoration of

iag Co. Ltd. Vs. Triveni Glass Ltd.

Court : Kolkata

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 22, 22(2), 22(3), 48 and 48(2) to 48(5); ;Designs Act, 1911 - Section 53; ;Designs Rules, 1933; ;Designs Rules, 2001; ;General Clauses Act, 1897 - Section 6

Reported in : (2004)3CALLT71(HC),2004(29)PTC665(Cal),[2004]51SCL498(Cal)

was instituted by the plaintiff on August 1st, 2003; it was not pending at the commencement of the Designs Act, 2000. Section 48(4) of the Designs Act, 2000 saved only the pending proceeding. So the case of the plaintiff will

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)

is that the design at exh. 'C' to the plaint is not a design as defined under the Designs Act, 2000. According to the learned counsel for the defendants, 'design' has been defined by Section 2(d) to mean only … registered design No. 174429 dated 1.8.1997. This registration is under the Designs Act, 1911. It was issued on 12.1.1998. The Certificate of Registration contains a pictorial representation of the plaintiffs highlighter and states as follows:'The novelty resides

Reckitt Benkiser India Ltd Vs. Wyeth Ltd.

Court : Delhi

Subject : MRTP

prior publication as per the meaning of the term as found in Sections 4(b) and 19(1)(b) of the Designs Act, 2000 (hereinafter referred to as the Act). The Division Bench of this court observes that it concurs with the … inspection cannot be said to be prior publication as per the meaning of the term as found in Sections 4(b) and 19(1)(b) of the Designs Act, 2000 (hereinafter referred to as the Act). The Division Bench of … including of their availability in the office of the Registrar of Designs. 12(i). Let us therefore see what should be the meaning which should be

Urooj Ahmed Vs. Preethi Kitchen Appliances Private Limited

Court : Chennai

Subject : Land Acquisition

as defined under Section 2(c) of the Copy Right Act does not come under the purview of the Designs Act, 2000. Section 14 of the Act is a specific provision, which gives the meaning to the word ".copy right".. According … the defendants are residing outside jurisdiction of the Court, the plaintiff ought to have sought for leave under Section 12 of the Letters patent Act. As the said requirement is mandatory, the non-compliance of the same would make

Pravinbhai Jagjivandas Mehta Vs. Officine Lovato S.P.A.

Court : Gujarat

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 19, 22(2) and 22(3)

Reported in : 2002(25)PTC398(Guj)

case, the registration of the designs of favour of the appellant was cancelled under Section 19 of the Designs Act, 2000, or under the Copyright Act, the interim directions shall cease to operate even before the disposal of the … turned out to be the residential address of the appellant. An affidavit sworn by those three persons on 12.12.2001 was filed in which it was stated as under.'When we met the plaintiff at the said address he

Essa @ Anjum Abdul Razak Memon Vs. State of Maharashtra Tr.Stf,cbi Mum ...

Court : Supreme Court of India

Subject : Land Acquisition

offence and his case ought to have been dealt under the Juvenile Justice (Care & Protection of Children) Act, 2000 (in short ‘J.Act’) and the provisions of TADA are inapplicable to his case and the learned Designated Court … (iii) He has suffered during riots; and (iv) He has no criminal antecedent beyond this case. 294) The Designated Court duly considered all these factors while awarding the sentence as aforesaid. Further, the appellant was a coveted … of Zakir Hussain Noor Mohd. Shaikh (A-32) Confessional statement of A-32 under Section 15 of TADA has been recorded on 16.05.1993 (11:25 hrs.) and 19.05.1993 … each of them. (v) The appellant was present at Al-Hussaini building on 12.03.1993. Confessional Statement of Zakir Hussain Noor Mohd. Shaikh (A-32) Confessional statement of