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Telemecanique and Controls (i) Limited Vs. Schneider Electric Industri ...

Court : Delhi

Subject : Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 39, Rules 1 and 2; Patents Act, 1970 - Sections 64, 68, 83, 90 and 107; Patents Rules, 1972 - Rules 73 and 74; Designs Act, 1911 - Sections 2(5); Designs (Amendment) Act, 2000 - Sections 2; Indian Law

Reported in : 94(2001)DLT865

major factor which has weighed with us in deciding the present appeal. It may also be added that Section 83 of the Patent Act, 1970 falls under Chapter XVI dealing with the working of patents, compulsory licenses, licenses … from the recordal date of the deed of assignment dated 28.3.94 in terms of Section 68 of the Patents Act, 1970 and Rule 73 of the Patent Rules, 1972 framed there under. The scope of this controversy was further

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 … are maintainable and if yes, whether the same require to be transmitted to the Appellate Board established under Section 83 of the T.M. Act, 1999?2. The question of law afore-noted has arisen due to the amendments incorporated in

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)

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 … the submissions of the plaintiffs on this aspect. The amendment to the Patent Act 1970 in 2005 introduced Section 83(e) which states that among the general principles applicable to the working of patented inventions regard shall be had

Telefonaktiebolaget LM Ericsson (Publ) Vs. Competition Commission of I ...

Court : Delhi

Subject : MRTP

a 'patentee'). Ericsson contends that any issue regarding a claim for royalty would fall within the scope of Patents Act, 1970 (hereafter the 'Patents Act') and cannot be a subject matter of examination under the Competition Act. This, essentially, … reasonably affordable price, or (c) that the patented invention is not worked in the territory of India." 128. Section 83 of the Patents Act specifies the following principles that are required to be considered while exercising powers conferred

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 … reworded which read as under:Section 116(1) Subject to the provisions of this Act, the Appellate Board established under Section 83 of the Trade Marks Act, 1999 shall be the Appellate Board for the purposes of this Act and

Novartis Ag and ors. Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 3(d)(b), 2(1)(d), 133, 24(A), 25(1), 2(8)(10), 14, 5, 10; Atomic Energy Act, 1962 - Section 20(1); Patents and Designs Act, 1911

added after sub-section (2). Chapter XVI was substituted with the Chapter Heading “Working of Patents, Compulsory Licenses and Revocation”.Section 83 in this Chapter laid down the general principles applicable to working of patented inventions; section 84 provided for … Leave granted in all the special leave petitions.3. What is the true import of section 3(d) of the Patents Act, 1970?How does it interplay with clauses (j) and (ja) of section 2(1)? Does the product for which the appellant

Novartis Ag and Anr Vs. Cipla Ltd

Court : Delhi

Subject : Education

J.1. The plaintiffs have filed a suit for permanent injunction restraining infringement of patent no.222346 granted under The Patents Act, 1970 (hereinafter referred to as "the Act") in favour of plaintiff No.1, rendition of accounts/damages, delivery-up etc. By this … light of the fact that the working of patents is essential. Working is to be interpreted as per Section 83.16. In the present case, Plaintiff No.1 has given no reason whatsoever for the following: a. Not manufacturing the

Novartis Ag and Anr Vs. Cipla Ltd

Court : Delhi

Subject : Education

J.1. The plaintiffs have filed a suit for permanent injunction restraining infringement of patent no.222346 granted under The Patents Act, 1970 (hereinafter referred to as "the Act") in favour of plaintiff No.1, rendition of accounts/damages, delivery-up etc. By this … light of the fact that the working of patents is essential. Working is to be interpreted as per Section 83.16. In the present case, Plaintiff No.1 has given no reason whatsoever for the following: a. Not manufacturing the

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 … plaintiff is claiming patent protection, is actually a drug and that therefore, the principles behind the provisions of Section 83(d) and (g) of the Patents Act, 1970 are to be taken note of. In support of his contention

Novartis Ag Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Intellectual Property

Leave granted in all the special leave petitions.3. What is the true import of section 3(d) of the Patents Act, 1970?. How does it interplay with clauses (j) and (ja) of section 2(1)?. Does the product for which the … after sub-section (2). Chapter XVI was substituted with the Chapter Heading “Working of Patents, Compulsory Licenses and Revocation”. Section 83 in this Chapter laid down the general principles applicable to working of patented inventions; section 84 provided for