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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

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

Gandla Pannala Bhulaxmi Vs. Managing Director, Apsrtc and anr.

Court : Andhra Pradesh

Subject : Motor VehiclesCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100A and 173; Letters Patent Act; Motor Vehicles Act, 1988; Code of Civil Procedure (CPC) (Amendment) Act, 1999 - Sections 10; ;Specific Relief Act - Sections 6 (3); Land Acquisition Act, 1894 - Sections 54

Reported in : 2003ACJ2004; AIR2003AP458; 2003(4)ALT216; 2003(3)CTC667

For Section 100-A of the Principal Act (as substituted by Section 10 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999) the following section is substituted:'100A. No further appeal in certain cases.- Notwithstanding anything contained in … this Court made the following reference to the Full Bench:'Whether the right of appeal available under the Letters Patent Act is taken away by Section 100-A, C.P.C. in respect of matters arising under the special enactments or

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 … repeal and savings of Code of Civil Procedure Code (Amendment) Act, 1976 wherein specific saving is pertaining to Section 3 under Section 100A a limited saving pertaining to pending admitted Letters Patent Appeals. Whereas in the present Amendment … 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

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 … as to whether the invention is not an invention within the meaning of the Act in terms of Section 3 or the invention is an invention for which no patent can be granted in terms of Section 4.

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 … make a report on two matters only, namely,(i) whether the invention is not an invention in terms of Section 3; and(ii) whether the invention is an invention for which no Patent can be granted in terms of Section

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. … Supreme Court in J. Mitra & Company v. Assistant Controller of Patents & Designs : (2008) 10 SCC 368 require to be examined. The statutory scheme of the relevant provisions of the Patents Act3. Section 15 of

State of Kerala and anr. Vs. Peoples Union for Civil Liberties, Kerala ...

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975 - Sections 1(3), 2, 4, 5, 5(1), 5(2), 6, 8, 10, 11, 12, 14, 21, 22 and 80P(2); Constitutional 40th (Amendment) Act; Kerala Scheduled Tribe (Restriction on Transfer of Lands and Restoration of Alienated Lands) (Amendment) Act, 1996; Contempt of Courts Act, 1971; Kerala Restriction on Transfer by and Restoration of Lands to the Scheduled Tribes Act, 1999 - Sections 2, 5, 5(1), 5(2), 6, 19, 22 and 22(2); Kerala Government Land Assignment Act, 1960 - Sections 6; Transfer of Property Act, 1882; Life Insurance Corporation (Modification of Settlement) Act, 1976; General Clauses Act - Sections 6, 6(1), 7; Scheduled Area Regulation Act; Limitation Act, 1963 - Schedule - Article 65; Speci

Reported in : JT2009(9)SC573; 2009(10)SCALE25; (2009)8SCC46

included in the Ninth Schedule of the Constitution of India, being item No. 150, by the Constitutional 40th Amendment Act. It was published in the Kerala Gazette Extraordinary on 14th November, 1975. However, only on 24th January, 1986 … the State thereafter enacted the Kerala Restriction on Transfer by and Restoration of Lands to the Scheduled Tribes Act, 1999 (for short 'the 1999 Act'), which inter alia deals with transfer and alienation of agricultural lands.23. Constitutional validity … Statement of Objects and Reasons, nor any non obstante clause referring to a judgment of a Court in Section 3 of the impugned Act. The attention of Parliament does not appear to have been drawn to the fact … Legislation' the legislature must have transgressed the limits of its constitutional power patently, manifestly and directly.70. The doctrine of 'Colourable Legislation', in our opinion, has

John George Vs. Stewards Association in India

Court : Kerala

Subject : Civil

Acts : Tamil Nadu Societies Registration Act; Kerala High Court Act, 1958 - Sections 3(13) and 5; Privy Council Jurisdiction Act, 1949; Government of India Act, 1935; Federal Court (Enlargement of Jurisdiction) Act, 1947; Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 38; Code of Civil Procedure (CPC) (Amendment) Act, 1999 - Sections 10; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 100A; Land Acquisition Act; Motor Vehicles Act; Letter Patent Act; Adoption of Laws Order, 1950; Constitution of India - Articles 136, 372(1) and 395; Code of Civil Procedure (CPC) , 1908 - Sections 100A, 104, 104(1), 104(2), 109 and 110 - Order 43, Rule 1

Reported in : AIR2007Ker57; 2006(4)KLT405

in such appeal. Section 100-A mentioned above was substituted by Section 10 of the Code of Civil Procedure (Amendment) Act, 1999, which came into force with effect from 1.7.2002. It reads thus:100-A. No further appeal in certain cases.- Notwithstanding … Single Judge is to be treated as a decree, judgment or order passed by the Single Judge under Section 3( 13)(b) of the Kerala High Court Act and not as one rendered under the Land Acquisition Act or … (Enlargement of Jurisdiction) Act, 1947 read with Clause 39 of the Letters Patent (Mad) and Sections 109 and 110 of the Code of Civil Procedure

Nuziveedu Seeds Ltd. And Ors. Vs.monsanto Technology Llc and Ors.

Court : Delhi

Subject : Land Acquisition

Trade (GATT), including the Trade- Related Aspects of Intellectual Property Rights (TRIPS) Agreement, India, inter alia, introduced the Patents (Amendment) Act, 2002, in June 25, 2002. This amendment altered the definition of “an invention” under Section 2(1)(j) to include … THURINGIENSIS DELTAENDOTOXINS”- hereafter called “the subject patent”) cannot be sustained as it is an excluded subject matter, by Section 3 (j) the Patents Act, 1970 (hereafter, the 1“Bt.” refers to the bacteria bacillus thuringiensis which is toxic to … word is excluded from the infringement of a trademark by virtue of Section 35 of the Trade Marks Act, 1999.40. Nuziveedu submits that Section 29 of the Trade Marks Act, 1999 provides that infringement of a trademark can