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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

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 a public limited company established in 1972 to … shall not be available where such publication does not constitute an anticipation of the invention by virtue of Sub-section (2) or Sub-section (3) of Section 29;that the invention so far as claimed in any claim of the complete

Shri Chandreshwar Bhuthanath Devastan of Paroda by Its Special Attorne ...

Court : Mumbai

Subject : Civil

Reported in : (2003)105BOMLR915

no further appeal shall lie from the judgment, decision or order of such Single Judge.6. In the said Amendment Act, 1999, Section 32 provides for repeal and savings which reads as under as far as Section 100A of the Code … on 1st July, 2002.2. The only issue which has been argued is whether any of the pending Letters Patent Appeals which have already been admitted by this Court are also covered by the said Section 100A as

Shri Rahul Sharad Awasthi Vs. Shri Ratnakar Trimbak Pandit and ors.

Court : Mumbai

Subject : Civil

Acts : Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 1(2), 3, 4, 4(1), 4(2), 5, 16, 16(2), 100A and 102; Code of Civil Procedure (CPC) Amendment Act, 1978 - Sections 97; Code of Civil Procedure (CPC) (Amendment) Act, 1999 - Sections 7, 10, 13, 16 and 32; Constitution of India - Articles 226 and 227; Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 97; Code of Civil Procedure (CPC) , 1908 - Order 6, Rules 5, 15, 17 and 18 - Order 20, Rule 1; General Clauses Act, 1897 - Sections 6; Sphere of Benami Transactions (Prohibition) Act, 1988; Companies Act, 1956 - Sections 10F

Reported in : 2004(3)ALLMR896; 2004(5)BomCR50; 2004(4)CTC241; 2004(3)MhLj706

in the Amendment Act, 2002 such a saving has not been provided at all.(d) Code of Civil Procedure (Amendment) Act, 1999 in Section 32, Clause 2(g) only Letters Patent Appeals arising out of a decision of Single Judge pertaining … presided over by Hon'ble the Chief Justice by order dated January 15, 2004 passed in the present Letters Patent Appeal observed that the decision of the Division Bench of this court (Goa Bench) in Shri Chandreshwar Bhuthanath

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)

patent of a device which was opposed to by the appellant in the year 2000. By then, the Patents Amendment Act, 1999 had amended the Patents Act, 1970 with effect from 26.3.1999. Section 25 of the Patents Act, 1970 as … 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 firstly on 20.5.2003 and the remaining

Novartis AG, rep. by It's Power of Attorney Ms. Ritushka Negi and Anr. ...

Court : Chennai

Subject : Intellectual Property RightsCompany

Acts : Patents Act, 1970 - Sections 3, 4, 5(1), 5(2), 12(1), 13, 24A, 24B, 29 to 34 and 64(1); ;Patents (Amendment) Act, 1999; Drug and Cosmetic Rules - Rules 21, 24 and 122A; Company Law; Evidence Act, 1872 - Sections 114A; Code of Civil Procedure (CPC) , 1908 - Order 39, Rule 1

Reported in : 2004(3)CTC95; 2004(29)PTC108(Mad)

to vacate the injunction would stand dismissed. Intellectual Property Rights - permanent injunction - Patents Act, 1970 and Patents (Amendment) Act, 1999 - application to vacate ex parte Order of injunction - plaintiff was in possession of patent at least … P. Chidambaram learned senior counsel appearing for the plaintiffs in some of the suits are summarised as hereunder:'Under Section 24-A of the Act, the application for patent has to be referred to an examiner only for compliance … an ex parte order of injunction was granted by this Court on 20.1.2004. To vacate that ex parte order in each suit, the aggrieved party

Ucb Farchim Sa Vs. Cipla Ltd. and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 15, 25(1), 25(2), 25(4), 64, 116, 117A and 117G; Constitution of India - Article 226; Patents (Amendment) Act, 2005; Patents (Amendment) Act, 1999; Patents Rules - Rule 55

Reported in : LC2010(1)278

its FAO No. 293/06 in the High Court under Section 116, as it stood on 19.10.06 under the Patents (Amendment) Act, 1999. On that date, the amended Section 117A, suggested by Patents (Amendment) Act, 2005, was not brought into force. … These six petitions raise an important question of law concerning the maintainability of a writ petition under Article 226 of the Constitution to challenge an order passed by the Controller of Patents (Controller.) either allowing or rejecting

Novartis Ag and anr. Vs. Mehar Pharma and anr.

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 24B

Reported in : 2005(3)BomCR191; 2005(30)PTC160(Bom)

nature of the impugned drugs of all the defendants, regardless of jurisdiction.4. Until the amendments made by the Patents (Amendment) Act, 1999, only a Process Patent was granted for a medicine or a drug. Old Section 5 was renumbered as … brand name till such time the exclusive marketing rights granted in favour of the plaintiffs on November 10, 2003 and gazetted on December 13, 2003 subsists. The plaintiffs also seek an order of appointment of a court

Vidyawati Gupta and ors. Vs. Bhakti Hari Nayak and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Indian High Courts Act; General Clauses Act, 1897; Arbitration and Conciliation Act, 1996 - Sections 8; Contempt of Courts Act, 1971 - Sections 15; Life Insurance Corporation Act; Arbitration Act, 1940; Partnership Act - Sections 69; Code of Civil Procedure (CPC) - Sections 4, 16, 17, 20, 26, 26(2), 100A, 104, 116, 120 and 129 - Order 1, Rule 8 - Order 4, Rules 1, 1(2), 1(3) and 3 - Order 6, Rule 15 and 15(4) - Order 7, Rules 1 to 8, 9, 11 and 15 - Order 8, Rule 1 - Order 49; Calcutta High Court Original Side Rules - Rule 1; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Code of Civil Procedure (CPC) (Amendment) Act, 2002

Reported in : AIR2006SC1194; 2006(2)AWC1580(SC); (SCSuppl)2006(2)CHN173; 2006(2)CTC146; [2006(3)JCR200(SC)]; JT2006(2)SC278; (2006)2MLJ312(SC); 2006(2)SCALE203; (2006)2SCC777

46 of 1999 with effect from 1st July 2002. Prior to such amendment, there was no general provision regarding verification of pleadings in a plaint … High Courts. At the same time, Chapter XL of the Original Side Rules indicates that the provisions of Section 2 of the Code and of the General Clauses Act, 1897 would apply to the Original Side Rules, but … 1861, the British Parliament passed the Indian High Courts Act which empowered the Crown to establish, by Letters Patent, High Courts of Judicature at Calcutta, Madras and Bombay. Consequent to such authority, the Letters Patent dated 14th

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

the Panel came on August 24, 1998. Thus faced with the threat of trade sanctions, Parliament passed the Patents (Amendment) Act 1999 (Act No. 17 of 1999) on March 26, 1999, which amended the provisions of the Patents Act 1970 … from January 1, 1995, the date when the TRIPS Agreement came into force. By the Amendment Act of 1999, section 5 of the Parent Act was amended to provide for making “a claim for patent of an invention … 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 claims patent qualify as a “new product” which comes by through

M/s. Tata Engineering and Locomotive Co. Ltd. Vs. State of Maharashtra

Court : Mumbai

Subject : Sales Tax

to apply the definition of a patent as defined in the Indian Patents Act, 1970. In CIT v. Bagyalakshmi and Co. 1965) 55 ITR 660 … under the Act. This is clear from the statement of objects and reasons to the Maharashtra Sales Tax (Amendment) Act, 1981. 12. Mr. Sridharan submits that therefore all re-sales covered by Clause (ii) were exempt from a second … trade mark or patent or a person entitled to a use thereof in terms of the Trade Marks Act, 1999. He submits that the object and purpose sought to be achieved by the Trade Marks Act, 1999 must … and hire premium recovered from Shri. Ajit Singh Bhimrao formed part of the Sale Price as defined in Section 2(29) of the B. S. T. Act, 1959? (iii) Whether in absence of a definition of VAT in the