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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

Dabur India Ltd. Vs. Amit JaIn and anr.

Court : Delhi

Subject : Civil

Acts : Designs Act, 2000 - Sections 11, 19, 22, 22(1A) and 22(1B); Code of Civil Procedure (CPC) - Order 23, Rule 3 - Order 39, Rules 1 and 2

Reported in : 155(2008)DLT407

to the Appellant's bottle. The said design being unique, aesthetically novel and original is also registered under the Designs Act, 2000 under Design Registration No. 173234 dated 24th February 1997 in favour of the Appellant. It is stated that … Appellant, conferred the statutory right to exclusive use of the said design on the Appellant in terms of Section 11 of the Designs Act, 2000 ('Act'). It is further submitted that the fraudulent imitation of the said … the fact that the parties had jointly filed an application under Order 23 Rule 3 CPC and a direction was issued to record the respective

Micolube India Limited Vs. Rakesh Kumar Trading as Saurabh Industries ...

Court : Delhi

Subject : Intellectual Property

suit for infringement of registered design is maintainable against the another registered proprietor of the design under the Designs Act, 2000; (2) Whether there can be availability of remedy of passing off in the absence of express saving or … registration of a design may be cancelled under section 19 shall be available as a ground of defence. Section 23 defines the provisions of the Patents Act, 1970 with regard to certificates of the validity of a patent,

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 … Register of Trade Marks on 27.10.2008 and a Registration Certificate No.762051 was issued. Therefore, the benefit under Section 23(1)(b) of the Trade Marks Act, 1999, by which, a right accrues from the date of making trade mark

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)

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 … within the meaning of this expression as defined under the Designs Act. 23. There is, therefore, a clear distinction between an original artistic work, and … Dart Industries Inc. and FAO (OS) No. 447/2008 filed by Mattel Inc., on the question of interpretation of Section 2(c) of the Copyright Act read with Section 2(d) of the Designs Act and Section 15(2) of the

Lupin Ltd. and Another Vs. Johnson and Johnson and Another

Court : Mumbai

Subject : Intellectual Property

Trademarks Act with the provisions of the Designs Act and the Patents Act. It is submitted that the Designs Act, 2000 [Section 22(4) read with Section 19] and the Patents Act [Section 10 read with Section 64] (unlike Trademarks Act) … permitted and may take into account a ground of objection, whether relied upon by the opponent or not. Section 23 provides for registration of the trade mark within 18 months from the filing of the application with effect

Sri Samsthana Mahabaleshwara Devaru Vs. Secretary

Court : Karnataka

Subject : Land Acquisition

have also been made applicable as if the said enactments are repealed and re-enacted under the Act.5. Under Section 23 of the Act, the State Government has to publish a Notification in respect of each revenue district containing … are appurtenant to the institution. Section 2(17) of BPT Act defines “Temple” to be a place by whatever designation known and used as a place of public religious worship and dedicated to or for the benefit of

A (Fc) and Others (Fc) (Appellants) Vs. Secretary of State for the Hom ...

Court : House of Lords

Subject : MRTP

perhaps a country as close as France, there to pursue his criminal designs, is hard to reconcile with a belief in his capacity to inflict … but were not in the event called upon. The background 5. In July 2000 Parliament enacted the Terrorism Act 2000. This was a substantial measure, with 131 sections and 16 Schedules, intended to overhaul, modernise and strengthen the … of the Anti-terrorism, Crime and Security Act 2001 on 17 or 18 December 2001 and were detained under section 23 of that Act on 19 December 2001. The ninth was certified on 5 February 2002 and detained on

M.C.Jayasingh Vs. Mishra Dhatu Nigam Limited

Court : Chennai

Subject : Land Acquisition

Side Rules, Section 108 read with Section 50(1) of the Patents Act, 1970 and Section 22(2)(b) of the Designs Act, 2000. ----- For Plaintiff : Mr.M.Sundar For Defendant-1 : Mr.V.Chandrakanthan For Defendants 2&3 : Mr.C.Manishankar For Defendant-4 : Mr.N.L.Rajah … Mayilvahanan Natarajan were jointly assigned Design No.191946 dated 24.4.2003 in respect of Distal Femoral Prosthesis, Design No.189140 dated 23.5.2002 for Proximal Tibial Prosthesis and Design No.204684 dated 07.6.2006 for Proximal Tibial Prosthesis with Weight Bearing Polymer Pad

Carlsberg Breweries a/S vs.som Distilleries and Breweries Limited

Court : Delhi

Subject : Intellectual Property

of its product, viz. beer, under the brand “TUBORG”, design whereof is registered under the provisions of the Designs Act, 2000. The novelty of the applicant’s registered design resides in the shape and configuration of the bottle.3. The plaintiff … a fraudulent imitation of the plaintiff’s registered bottle design which is liable to be injuncted by virtue of section 22 of the Designs Act, 2000. He submits that the copy must be a fraudulent or obvious imitation … a first appeal, being FAO No.628/2015, which was disposed of/ dismissed on 23.11.2015 by extending the time for the appellant/defendant to sell its beer I.A.