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Apr 01 2008

Span Diagnostic Vs. Assistant Controller of Patents and Design and anr ...

Court : Delhi

Decided on : Apr-01-2008

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)

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 firstly on 20.5.2003 and the remaining … into force. 10. Relevant for my decision would be to note that vide Section 18 of the Patent Amendment Act 2002, Section 25 of the Principal Act was amended by introducing clauses 'j' and 'k' after existing clause 'i' as … direction of the Controller under any of the following provisions, that is to say, Section 15, Section 16, Section 17, Section 18, Section 19, Section 20, Section 25, Section 27, Section 28, Section 51, Section 54, Section 57,

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May 04 2012

M/S. Philips Electronics India Limited Vs. M/S. Asian Electronics Limi ...

Court : Intellectual Property Appellate Board IPAB

Decided on : May-04-2012

Subject : Land Acquisition

Matched in: Judge The Honourable Smt. Justice Prabha Sridevan, Chairman &Amp; D.P.S. Parmar, Technical Member (Patents)

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Mar 10 2008

Mahendra Panmal Duggad JaIn and anr. Vs. Bhararilal Panmal Duggad JaIn ...

Court : Mumbai

Decided on : Mar-10-2008

Subject : Civil

Acts : Bombay Civil Court Act, 1869 - Sections 8, 16, 17 and 26; Bombay Civil Court (Amendment) Act, 1999; Maharashtra Civil Courts (Enhancement of Pecuniary Jurisdiction and Amendment) Act, 1977 - Sections 19; Bombay Civil Court (Amendment) Act, 1983; Bombay Civil Courts (Amendment) Act, 1982 - Sections 3; Bombay General Clauses Act - Sections 7; Income Tax Act - Sections 27, 274 and 274(2); Taxation Laws (Amendment) Act, 1970; General Clauses Act - Sections 6, 15Z, 15Z(1) and 15Z(2); Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Patents (Amendment) Act, 2002

Reported in : 2008(6)BomCR699; 2008(4)MhLj803

made in the statute, for example, The Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Patents (Amendment) Act, 2002 etc. It is true that no litigant has any vested right in a matter of forum but when … 8 of the Act provides that, except as provided in Sections 16, 17 and 26, the District Court shall be the Court of appeal from … jurisdiction of the District Court was increased from Rs. 10,000/- to Rs. 25,000/-, by amending the provisions of Section 26 of the Act and incorporating a saving clause in form of Clause 19 of the Amending Act,

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Sep 18 2002

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

Court : Mumbai

Decided on : Sep-18-2002

Subject : Civil

Reported in : (2003)105BOMLR915

100A of the Code of Civil Procedure, 1908, which has been amended by the Code of Civil Procedure (Amendment) Act, 2002 will be prospective in operation or retrospective in operation. The aforesaid Amendment was brought into force on 1st … Section 5 had not come into force;(b) the provisions of Rules. 15. 17 and 18 of Order VI of the First Schedule as omitted or, … 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

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Aug 21 2008

J. Mitra and Co. Pvt. Ltd. Vs. Asst. Controller of Patents and Desig. ...

Court : Supreme Court of India

Decided on : Aug-21-2008

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

law and intended to create an appellate forum to hear appeals against orders passed by the Controller consequently Patents (Amendment) Act, 2002 was promulgated on 25.6.2002. However, it was not brought into force immediately. It may be noted that in … direction of the Controller under any of the following provisions, that is to say, Section 15, Section 16, Section 17, Section 18, Section 19, Section 20, Section 25, Section 27, Section 28, Section 51, Section 54, Section 57,

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Apr 01 2013

Novartis Ag Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Apr-01-2013

Subject : Intellectual Property

Act of 1999 thus complied with Article 70(8) and (9) of the TRIPS Agreement.68. Three years later the Patents (Amendment) Act, 2002 (Act No.38 of 2002) came to be enacted on June 25, 2002. It brought large scale amendments in … Alam, J.1. Delay condoned.2. 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)?. … Mesylate in beta crystalline form at the Chennai Patent Office on July 17, 1998. In the application it claimed that the invented product, the beta

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Apr 01 2013

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

Court : Supreme Court of India

Decided on : Apr-01-2013

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

Act of 1999 thus complied with Article 70(8) and (9) of the TRIPS Agreement.68. Three years later the Patents (Amendment) Act, 2002 (Act No. 38 of 2002) came to be enacted on June 25, 2002. It brought large scale amendments … Alam, J.1. Delay condoned.2. 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 … Mesylate in beta crystalline form at the Chennai Patent Office on July 17, 1998. In the application it claimed that the invented product, the beta

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Feb 16 2008

Bajaj Auto Ltd., State of Maharashtra Rep. by S. Ravikumar Vs. Tvs Mot ...

Court : Chennai

Decided on : Feb-16-2008

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2, 10, 11, 11(2), 11(3), 11B(1), 11B(3), 12, 12(1), 13, 13(1), 13(4), 25, 26(1), 43, 47, 48, 53(1), 64, 104A, 105, 106 and 108; Patents (Amendment) Act, 2002 - Sections 48; Patents (Amendment) Act, 2005; Motor Vehicles Act; Patents Act, 1949; Patents and Designs Act, 1911 - Sections 12; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2; Designs Act, 1911 - Sections 2(8), 26(1), 51 and 53

Reported in : (2008)ILLJ726Mad; LC2008(1)217; 2008(36)PTC417(Mad)

at this stage of interim application, while considering the prima facie case and the balance of convenience, the Patents (Amendment) Act, 2002 (Act 38 of 2002), which has come into effect from 20.05.2003 and Amendment Act 2005, which came into … the defendant in C.S. No. 1111 of 2007.2. C.S. No. 1111 of 2007 is a suit filed under Section 108 of the Patents Act, 1970 for the relief of permanent injunction in respect of the plaintiff's patent … places reliance on various published papers like Indian Patent Number 678 dated 17.07.2001 titled 'Spark Ignition Four-Cycle Engine', the use of twin spark plugs in

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Mar 30 2016

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

Court : Delhi

Decided on : Mar-30-2016

Subject : MRTP

signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereafter 'TRIPS'). 122. By virtue of the Patents (Amendment) Act 2002, Section 48 of the Act, which specifies the rights granted to a patentee, was substituted to read as under: … 16 of the Competition Act provides for appointment of Director General for the purposes of assisting CCI and Section 17 of the Act provides for appointment of Secretary, experts, professionals and officers and other employees of CCI. 118.

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Sep 18 2003

Fazal Ali Vs. Amna Khatun and ors.

Court : Rajasthan

Decided on : Sep-18-2003

Subject : Motor Vehicles

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100A; Code of Civil Procedure (CPC) 2002; Motor Vehicles Act, 1988

Reported in : II(2004)ACC655; 2005ACJ29; AIR2004Raj39; 2005(1)KLT828; RLW2004(3)Raj1454; 2004(1)WLC339

Code of Civil Procedure (Amendment) Act, 2002, appeals filed after 1-7-2002 are not maintainable and only such letters patent appeals saved are those filed prior to 1-7-2002 whether they have been admitted or not. The question in … Motor Vehicles Act is not maintainable in view of Section 100A introduced by the Code of Civil Procedure (Amendment) Act, 2002 with effect from 1-7-2002?2. The impact of Section 100A with respect, to special appeals preferred under Section 18 … of a learned single Judge passed in an appeal preferred under Section 173 of the Motor Vehicles Act is not maintainable in view of Section

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