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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, 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 … Till the Amending Act was brought into force, process patent alone was permissible. By the Amending Act, existing Section 5 was converted into Section 5(1) (dealing with process patent) and by the amendment a new section was brought

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 … 15, Section 16, Section 17, Section 18, Section 19, Section 20, Section 25, Section 27, Section 28, Section 51, Section 54, Section 57, Section 60, Section 61, Section 63, Sub-section (3) of Section 69, Section 78, Section

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 … High Court on 12-11-1962 i.e. the 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 of such appeal. Against this background

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 … Clauses Act, 1897 (10 of 1897).(a) the provisions of Section 102 of the principal Act as substituted by Section 5 of this Act, shall not apply to or affect, any appeal which had been admitted before the commencement … 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

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 … of the General Clauses Act, 1897,-(a) the provisions of Section 102 of the principal Act as substituted by Section 5 of this Act, shall not apply to or affect any appeal which had been admitted before the commencement … 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

Novartis Ag Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Intellectual Property

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 retrospectively, … 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 for

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 for

Novartis Ag Vs. Union of India Through the Secretary and Others

Court : Intellectual Property Appellate Board IPAB

Subject : Intellectual Property

10.11.2003 based on the prevailing law, [section 24A of the Patents Act, 1970 as amended by the The Patents (Amendment) Act,1999 ]. The said certificate granted an exclusive right to sell or distribute the beta-crystalline form of imatinib mesylate … HONBLE SHRI (DR.) P.C. CHAKRABORTI, TECHNICAL MEMBER: By this order we dispose of five appeal Nos. TA/1 to 5/2007/PT/CH and miscellaneous petition Nos. 1 to 5/2007 in TA/1 to 5/2007/PT/CH filed by the appellant seeking stay of