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Span Diagnostic Vs. Assistant Controller of Patents and Design and anr ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 83; Patents Act, 1970 - Sections 8, 15, 16, 17, 18, 19, 20, 25, 25(1), 25(2), 25(3), 25(4), 27, 28, 29(2), 29(3), 37, 41, 42, 47, 51, 54, 57, 59 to 63, 66, 69(3), 74, 78, 84(1) to 84(5), 85, 86, 88, 88(3), 89, 91, 92, 93, 94, 96, 97, 116, 116(1), 116(2), 117, 117A, 117A(2), 117G and 158; Patents Amendment Act, 2002 - Sections 1(2), 18 and 47; Patents Amendment Act, 2005 - Sections 1(1), 1(2), 23, 60 and 61; Patents Amendment Act, 1999

Reported in : LC2009(1)22; 2008(37)PTC56(Del)

the T.M. Act, 1999?2. The question of law afore-noted has arisen due to the amendments incorporated in the Patents Act, 1970 by the Patents Amendment Act, 2002 notified on 25th June, 2002 but various provisions thereof brought into force … incorporated in Section 25; existing provisions whereof were retained as they were in the statute book. 11. Vide Section 47 of the Amendment Act, 2002 entire Chapter XIX in the existing statute was substituted. Section 116 and Section

Chemtura Corporation Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Intellectual Property RightsCivil

Acts : Patents Act, 1970 - Sections 3, 8, 8(1), 8(2), 11A(7), 12, 13(4), 25, 47 and 48, 48(1), 48(2), 53, 64, 64(1), 68, 69, 107 and 156; Code of Civil Procedure (CPC) - Sections 80 - Order 39, Rules 1, 2 and 4; Patents Rules, 2003 - Rules 12(1), 12(3), 15 and 25

Reported in : 2009(41)PTC260(Del)

Organisation (RDSO.). 10. According to the Plaintiff by virtue of Section 48 read with Section 53 of the Patents Act, 1970 (Act.) the Plaintiff's Patent Certificate No. 213608 dated 9th January 2008 is valid for a term of 20 … had to be manufactured and supplied were made available by the Railways to all the tenderers. Referring to Section 47 of the Act it is submitted that it is open to the Government to insist on adherence to

Garware-wall Ropes Ltd. Vs. A.i. Chopra and anr.

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 11A, 47, 48, 100, 100(3) and 107; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1 and 2

Reported in : LC2009(1)197; (2008)3MLJ599

strongly urged the nature of exclusive right that is available to the plaintiff under Section 11A of the Patents Act, 1970. According to plaintiff, basic philosophy underlining the concept of patenting and creating exclusive right with solitary exception carved … Central Government;(3) Central Government is not a party against whom remedy under Sub-section (3) of Section 100 lies;(4) Section 47 of the Act pre-supposes exclusion of absoluteness;(5) The action of injunction is belated, when, as indicated in the

J. Mitra and Co. Pvt. Ltd. Vs. Asst. Controller of Patents and Desig. ...

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Indian Patents Act, 1970 - Sections 8, 15, 16, 17, 18, 19, 20, 25, 25(1), 25(2), 25(4), 27, 28, 29(2), 29(3), 51, 54, 57, 60, 61, 63, 64, 66, 69(3), 78, 84, 84(1) to 84(5), 88, 89, 91, 92, 93, 94, 96, 97, 116, 116(1), 116(2), 117A, 117A(2), 117G and 158; Patents (Amendment) Act, 1999 - Sections 116; Patents (Amendment) Act, 2002 - Sections 47; Trade Marks Act, 1999 - Sections 83; Patents (Amendment) Act, 2005 - Sections 23, 25 and 61

Reported in : 2009(1)AWC366(SC); LC2008(3)31; 2008(38)PTC6(SC); 2008(11)SCALE524; (2008)10SCC368

FAO No. 293/06 filed by respondent No. 3 in the High Court under Section 116 of the Indian Patents Act, 1970 as amended by the Patents (Amendment) Act, 1999 w.e.f. 26.3.99.5. Span Diagnostics Limited, respondent No. 3 herein, is … to be made only under the Patents (Amendment) Act, 2005 which was promulgated on 4.4.2005 w.e.f. 1.1.2005.10. Vide Section 47 of the Patents (Amendment) Act, 2002 entire Chapter XIX stood substituted. Sections 116 and 117A were reworded which

Garware Wall Ropes Ltd. a Company Incorporated Under the Companies Act ...

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2(1), 6, 8, 10, 11, 11A, 11B, 12, 13, 14, 35 to 42, 47, 47(1), 47(2), 47(3), 47(4), 48, 57, 58, 64, 64(1), 64(3), 99, 100, 100(1), 101(3), 101(5), 103, 107, 156, 177 and 240; Patents and Designs Act, 1911; Patents (Amendment) Act, 2005; Patents (Amendment) Ordinance, 2005; Patents Rules, 2003; General Clauses Act, 1897 - Sections 3(23)

Reported in : 2009(3)BomCR896; 2009(111)BomLR479

used for more than two decades ?(2) What is the scope and effect of Section 100 of the Patents Act, 1970 (as amended) and its impact in the present case ?FACTS:4. The appellant who is the original plaintiff filed … claim in India and elsewhere. The claim made does not involve any inventive steps.(11) Inviting my attention to Section 47 of the Act, Advocate Shri Manohar argued that the alleged rights of patentees under Section 48 of the

Bajaj Auto Ltd., State of Maharashtra Rep. by S. Ravikumar Vs. Tvs Mot ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2, 10, 11, 11(2), 11(3), 11B(1), 11B(3), 12, 12(1), 13, 13(1), 13(4), 25, 26(1), 43, 47, 48, 53(1), 64, 104A, 105, 106 and 108; Patents (Amendment) Act, 2002 - Sections 48; Patents (Amendment) Act, 2005; Motor Vehicles Act; Patents Act, 1949; Patents and Designs Act, 1911 - Sections 12; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2; Designs Act, 1911 - Sections 2(8), 26(1), 51 and 53

Reported in : (2008)ILLJ726Mad; LC2008(1)217; 2008(36)PTC417(Mad)

No. 1111 of 2007.2. C.S. No. 1111 of 2007 is a suit filed under Section 108 of the Patents Act, 1970 for the relief of permanent injunction in respect of the plaintiff's patent No. 195904 and/or from using the … the invention in India.(2) Subject to the other provisions contained in this Act and the conditions specified in Section 47, a patent granted after the commencement of this Act shall confer upon the patentee-(a) Where the patent is

F. Hoffmann-la Roche Ltd. and anr. Vs. Cipla Ltd.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2(1), 3, 5(2), 11A(7), 11B, 12, 13(4), 14, 25(1), 25(2), 28, 43, 47, 48, 64, 83, 84, 92, 92A and 107; Companies Act, 1956; Patents (Amendment) Act, 2005 - Sections 3; Trade Marks Act - Sections 31; Essential Commodities Act, 1953; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11 - Order 39, Rule 1; Drug Price Control Order

Reported in : 159(2009)DLT243; LC2009(2)1; 2009(40)PTC125(Del)

granting any right to the Government to control the prices in the manner indicated, or a power under Section 47 of the Patents Act, 1970 to grant patents subject to conditions including use of the process by the … Register of Patents on 6th July, 2007. It is submitted that in terms of the amendments to the Patents Act, 1970 ('Act') in 2005, the product Erlotinib as well as the process of its manufacture stand patented and are

M.C.Jayasingh Vs. Mishra Dhatu Nigam Limited

Court : Chennai

Subject : Land Acquisition

read with Order IV, Rule of the Original 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 … is too doubtful to be opposed to that of their general suppression,' V Writings of Thomas Jefferson at 47 (Ford. ed. 1895). His views ripened, however, and, in another letter to Madison (Aug. 1789) after the drafting

Tvs Motor Company Limited Vs. Bajaj Auto Limited

Court : Chennai

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2, 3, 8, 9, 10(4), 11, 11A, 11A(7), 12, 13, 13(4), 25, 43, 45, 47, 48, 48(2), 57, 64, 64(1), 104, 104A, 104A(1), 107 and 107(1); Designs Act - Sections 51A and 53

Reported in : LC2009(2)139; 2009(40)PTC689(Mad)

and before considering the various submissions, it is worthwhile to refer to some of the relevant provisions of Patents Act 1970 for the proper disposal of these appeals viz., (i) Sections 2(j), (ja), (l) and (m) talks of invention, … of publication of the application.(x) The grant of patent is also subject to certain conditions as stipulated in Section 47 of the Act. (xi) The rights of the patentees has been stipulated under Section 48, which reads as

Mattel, Inc. and ors. Vs. Mr. Jayant Agarwalla and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trademarks Act, 1999 - Sections 11(6), 27, 29 and 36; Copyright Act, 1957 - Sections 2, 14, 15 and 15(2); Designs Act, 2000 - Sections 2, 6, 15(2) and 47(2); Patents Act, 1970 - Sections 3; Designs Act, 1911; Lanham Act; Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2; Designs Rules, 2001 - Rule 10

Reported in : 153(2008)DLT548; LC2008(3)298; 2008(38)PTC416(Del)

protection. 25. In India, in relation to games, rules and schemes (for playing) are not protectable under the Patents Act, 1970; they are not deemed inventions under the Act. Section 3 of the Patents Act, provides as follows:3. WHAT … which is registered or is capable of being registered as a 'design' under The Designs Act, 191130. Section 47(2)(c) - of the Designs Act, 2000 enables the Central Government, for the purposes of classification of articles, (to