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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 … opposition'. That provision came 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

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. … view of the fact that Section 25 (2) which provided for a post-grant opposition was introduced only on 4th April 2005 and Section 117 A was notified with effect from only 2nd April 2007, the appeal filed

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 … the Letters Patent Appeal placed before us.6. The question before us is: whether Section 100A as substituted by Section 4 of the Code of Civil Procedure (Amendment) Act, 2002 shall have retrospective effect or is prospective in operation … 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

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 … Code of Civil Procedure (Amendment) Act, 2002 was enacted and brought into force on 1st July, 2002 wherein Section 4 reads as under:Section 4. Substitution of new Section for Section 100A.- For Section 100A of the principal Act … 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

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 … force with effect from the notified dates and their impact. Thereafter, I propose to consider the rival submissions. 4. At the outset it may be noted that the appeals were filed on 17.10.2006.5. Proceedings commenced before the

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 … Section 3 or the invention is an invention for which no patent can be granted in terms of Section 4. Reading Section 24-A(1) as a whole, the following conclusions are inevitable:(a) Referring the patent claim for examination under

Uco Bank and anr. Etc. Vs. Roopa Ram and Etc.

Court : Rajasthan

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100A; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Code of Civil Procedure (CPC) (Amendment) Act, 2002

Reported in : AIR2003Raj222; RLW2003(4)Raj2167; 2003(3)WLC284

Principal Act (as substituted by Section 10 of C. P.C. (Amendment) Act, 1999) following Section was substituted by Section 4 of the C.P.C. (Amendment) Act, 2002 which came into effect from 1-7-2002 :--'4. Substitution of new Section for … view of the prohibition provided by Section 100-A of the Code of Civil Procedure as amended by C.P.C. (Amendment) Act, 1999 and C.P.C. (Amendment) Act, 2002 read with Section 32 of the C.P.C. (Amendment) Act, 1999. In view of … Ordinance, 1949 are pari materia with the Clause 15 of the Letters Patent Act, which applies to the Bombay High Court and certain other High

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

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 … or plants to render them free of disease or to increase their economic value or that of their products.Section 4. Inventions relating to atomic energy not patentable.-No patent shall be granted in respect of an invention relating to

Partap Singh Vs. Smt. Satya Devi and anr.

Court : Himachal Pradesh

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Section 102; ;Code of Civil Procedure (CPC) (Amendment), 1999 - Section 11; ;Code of Civil Procedure (CPC) (Amendment), 2002 - Sections 5 and 16; ;Uttar Pradesh High Court (Abolition of Letters Patent Appeals) Act; ;Code of Civil Procedure (CPC) , 1882 - Section 582A; ;Court Fees Act - Section 4

Reported in : AIR2005HP37

came to be substituted by virtue of the provisions of Section 11 of the Code of Civil Procedure (Amendment Act) 1999 and Section 5 of the Amending Act of 2002. Section 16 of the Amending Act of 2002 saves … Procedure, 1882, the Apex Court held as under (Para 12) :'The above section therefore mitigates the rigour of Section 4 of the Court Fees Act and it is for the Court in its discretion to allow a person … date immediately preceding the enforcement of UP High Court (Abolition of Letters Patent Appeals) Act which came into force on 13-11-1962 which abolished the right