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M/S Lek Pharmaceuticals D.D. Vs. the Assistant Controller of Patents a ...

Court : Intellectual Property Appellate Board IPAB

Subject : Land Acquisition

the Controller by or under this Act.” The Amendment to the section 80 has been made in the Patents (Amendment) Act, 2002 as given below:- ‘Amendment of section 80. - In section 80 of the principal Act, the following proviso … be sent to such interested person. (4) The time for putting an application in order for grant under section 21 shall be twelve months from the date on which the first statement of objection is issued to the

Chemtura Corporation Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Intellectual Property RightsCivil

Acts : Patents Act, 1970 - Sections 3, 8, 8(1), 8(2), 11A(7), 12, 13(4), 25, 47 and 48, 48(1), 48(2), 53, 64, 64(1), 68, 69, 107 and 156; Code of Civil Procedure (CPC) - Sections 80 - Order 39, Rules 1, 2 and 4; Patents Rules, 2003 - Rules 12(1), 12(3), 15 and 25

Reported in : 2009(41)PTC260(Del)

above quoted application has been examined under Section 12 of the Patents Act, 1970, as amended by the Patents (Amendment) Act, 2002 and the first statement of objection of forwarded herewith the compliance. The documents noted in the margin are … ad-interim ex parte injunction restraining the Defendant No. 1 from infringing the rights of the Plaintiff under No. 213608 (granted on January 9, 2008 by the Controller of Patents) by accepting the offer for sale of a

F. Hoffmann-la Roche Ltd. and anr. Vs. Cipla Limited

Court : Delhi

Subject : Intellectual Property Rights

Acts : Indian Patent Act, 1970 - Sections 2, 2(1) 3, 5, 5(2), 8, 10, 11A, 11A(3), 11A(7), 11B, 12, 13, 13(4), 14 to 21, 25(1), 25(2), 25(3), 25(4), 43, 45(1), 47, 48, 53, 59(1), 64, 64(1), 68, 104A, 107, 108 and 117A; Indian Companies Act, 1956; Trade and Cosmetics Act; Patent (Amendment) Act, 2005; Patent (Amendment) Act, 2002

Reported in : 148(2008)DLT598; LC2008(2)35; 2008(37)PTC71(Del)

patent in respect of Erlotinib and its process by application No. 537/Del/1996 on 13.3.1996. The Controller General of Patents, Trademarks and Designs, New Delhi granted a certificate bearing Patent No. 196774 dated 23.02.2007, which was recorded in … establish its case. In this context, learned Counsel also argued that the nature of changes brought in by amendment in 2005, affording multiple challenges shows that the previous rule, evolved by courts ' one of caution, ungrounded … the decision in Telemecanique and Controls (I) Limited v. Schneider Electric Industries 2002 (24) PTC 632 (Del) [hereafter referred to as Schneider], where it was … options with the Controller, under Sections 14 to 21. d) Where an application for patent is published, … process of its manufacture is patented according to provisions of the Patent Act, 1970 (hereafter 'the Act'). The Central Drug Standard Control Organisation, Directorate General … Plaintiff. It is alleged that on 8.1.2001, under Section 68 of the Act, 1970 the Plaintiffs had

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)

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 … 'section 20, Sub-section (4) of Section 25, Section 28' shall be substituted. 21. It would be interesting to note that the Amendment Act of 2005

Novo Nordisk Health Care Ag Verseus the Assistant Controller of Patent ...

Court : Intellectual Property Appellate Board IPAB

Subject : Land Acquisition

the Controller by or under this Act.” The amendment to the section 80 has been made by the Patents (Amendment) Act, 2002 as given below:- 38. In section 80 of the principal Act, the following proviso shall be inserted at … 2006 reads as under : - “(4) The time for putting an application in order for grant under section 21 shall be twelve months from the date on which the first statement of objection is issued to the

Ajanta Pharma Limited Vs. the Controller General of Patents and Others

Court : Intellectual Property Appellate Board IPAB

Subject : Land Acquisition

the opposition to the grant of patent. It is also to be noted that section 47 of the Patents (Amendment) Act, 2002 states that “for chapter XIX of the principal Act, the following chapter shall be substituted, namely, Chapter XIX … is the present applicant on record. This applicant for patent claims the priority of U.K. application No.9401090.7 dated 21.01.1994. The original application for patent, as originally filed, consisted of 16 claims of which 1 to 11 were

Novartis AG Vs Venkata Narayana Active Ingredients Pvt Ltd

Court : Chennai

Subject to the provisions of this Act, the term of every patent granted, after the commencement of the Patents (Amendment) Act, 2002 (38 of 2002), and the term of every patent which has not expired and has not ceased to … of Original Side Rules and Order VII Rules 1 and 2 of CPC read with Proviso 1 to Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, praying to … mandatory injunction directing the Defendant till theexpiry of the suit patent IN 212815 to provide details of any supply that the Defendant may make under

The Institute of Chartered Accountants of India and ors. Vs. P. Rama K ...

Court : Delhi

Subject : Company Law

Acts : Letter Patents Act - Chapter 10; Companies Act, 1956 - Section 209A; Chartered Accountants (Amendment) Act, 2006; Code of Civil Procedure (CPC), 1908; General Clauses Act - Section 6

1949, relating to misconduct and the procedure and penalties, underwent substantial modification and amendments by the Chartered Accountants (Amendment) Act, 2006 (hereinafter referred to as the Amendment Act, 2006). 13. Sections 21 and 22 of the unamended CA … 1. This intra court appeal under Chapter X of the Letter Patents Act has been filed by the Institute of Chartered Accountants of India, … and essential facts may be noticed. 4. Between 3rd and 21st March, 2002, the Department of Company Affairs, Government of India had carried out inspection … abridge in any way the power conferred or duty cast on the Council under sub- section (1) of section 21 to inquire into the conduct of any member of the Institute under any other circumstances. 22A. Appeals. (1)

Delhi Airport Metro Express Pvt. Ltd. Vs. Delhi Metro Rail Corporation ...

Court : Supreme Court of India

Subject : Land Acquisition

of the 1996 Act. Relevant provisions of Section 34 (as they were prior to the Arbitration and Conciliation (Amendment) Act, 2015) read as under:- 17 | Pa ge “34. Application for setting aside arbitral award. - (1) Recourse … Tribunal in virtually negating the certificate issued by the CMRS under the Delhi Metro Railway (Operation and Maintenance) Act, 2002 (hereinafter, ‘the Delhi Metro Act’) and held that the cumulative effect of the findings of the award on … project in New Delhi, from New Delhi Railway Station to Dwarka Sector 21 via Indira Gandhi International Airport, New Delhi (hereinafter, ‘AMEL’). The approximate length … was found to be suffering from the vices of perversity, irrationality and patent illegality. The High Court observed that in deciding the question on defects

Chakradhar Paital (Dead) L.Rs. and Others Vs. Gelhi Bewa (Dead) L.Rs. ...

Court : Orissa

Subject : Land Acquisition

way of repeal and saving. In the case of Kamla Devi (supra) it was held that a letters patent appeal which was filed prior to coming into force of the C.P.C. Amendment Act of 2002 that inserted … (5) of Rule 32 would not, however, hold good after the incorporation of the Explanation thereto by the Amendment Act of 2002. The Explanation has explicitly made it clear that the expression, ‘the act required to be done’ … injunction can be executed only in accordance with the provisions of Order 21, Rule 32 (1) of the C.P.C. and not by way of recovery … the appeal having been dismissed for default they filed an application under Section 151, C.P.C. for restoration which was pending. The Executing Court rejected all