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Venus Industries and anr. Vs. State and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Designs Act, 1911 - Sections 22; Copy Right Act, 1957 - Sections 15; Designs (Amendment) Act, 2000 - Sections 48

Reported in : 95(2002)DLT348; 2002(62)DRJ425; 2002(2)RAJ152

Court has jurisdiction inasmuch as designs registered under Designs Act, 1911 are protected/saved by Section 48 of the Designs Act, 2000 as they are deemed to have been acts done under the corresponding provisions of the new Act and,

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

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 … C.S. No. 448 of 2006. A perusal of the same would reveal that the plaint is filed under Section 48, 104 and 108 of the Patents Act, 1970. it is a specific contention of the learned senior counsel

iag Company Ltd. Vs. Triveni Glass Ltd.

Court : Kolkata

Subject : Intellectual Property Rights

Acts : Designs Act, 1911 - Section 51A and 53; ;Designs Act, 2000 - Sections 2, 4, 19(1), 22, 22(2)(3), 22(3), 48, 48(2) and 48(4)

Reported in : 2004(3)CHN447,2005(30)PTC140(Cal)

21 (this must be typographical error, as the grounds of defence are contained in Section 22) of the Designs Act, 2000. This Court is in respectful agreement with the said ratio in Faber Castell.38. Two other judgments on which … the new Act.17. Chapter XI of the new Act deals with the provisions of repeal and saving under Section 48. The said section is as under :'48. Repeal and savings.--(l) The Designs Act, 1911 (2 of 1911) is

Glaxo Smithkline Consumer Healthcare Gmbh and Co. Kg Vs. Amigo Brushes ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 2, 4, 19, 22(1) and 48(5); Trade and Merchandise Marks Act, 1958 - Sections 2(1); Indian Penal Code (IPC), 1860 - Sections 479; Copyright Act, 1957 - Sections 2

Reported in : 109(2004)DLT41; 2004(28)PTC1(Del)

the application of such design to toothbrushes. By virtue of said design registration and Section 48(5) of the Designs Act, 2000, the plaintiff has the copyright in the design for an initial period of 5 years from the date

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)

Designs Act, 2000 was enacted to provide a more effective protection to the registered designs. In terms of Section 48 of this Act, the Designs Act, 1911 was repealed. However any notification, rule, etc. under the old Act … that the artistic works are actually designs relating to textile products and come within the scope of the Designs Act, 2000 (hereinafter referred to as the Designs Act, 2000). The plaintiff has failed to apply for registration of designs

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 … force, each of those persons shall be entitled, by himself or his agents, to the rights conferred by Section 48 for his own benefit without accounting to the other person or persons.".32. The rights conferred by Section 48

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 … the law relating to protection of designs'. This enactment repeals the earlier Act i.e. the Designs Act, 1911. Section 48 of the new Act reads as follows:-'48. Repeal and savings.--The Designs Act, 1911 (2 of 1911) is hereby

A.C. Footwear Co. and anr. Vs. Deiem (India) Pvt. Ltd. and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Designs Act, 1911 - Sections 51A; Design Act, 2000 - Sections 2, 19, 19(1), 48, 48(2) and 48(4); General Clauses Act, 1897

Reported in : 124(2005)DLT278; 2006(32)PTC91(Del)

would be relevant to take note of the fact that the 1911 Act stands repealed by the Design Act, 2000 (hereinafter referred to as the `2000 Act'). Section 48 of the 2000 Act deals with repeals and savings … Sanjay Kishan Kaul, J.1. The petitioner has filed this petition under Section 51A of the Designs Act, 1911 (hereinafter referred to as the `1911 Act') for cancellation of design No.166627 of respondent No.1.2. The respondents

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

The definition of 'Design' in the Designs Act, 1911 is different from the definition of 'Design' in the Designs Act, 2000. Section 2(d) of the Designs Act, 2000 does not include any 'artistic work' as defined in Clause (c) of … no further proof is necessary unless there is a proof rebutting the contents of the said certificate. Under Section 48 of the Registration Act therefore, the act of registration is ex-facie prima facie evidence of the particulars incorporated