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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

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 … simultaneously brought into force. Only certain sections of the Patents (Amendment) Act, 2005 were brought into force.13. Vide Section 23 of the Patents (Amendment) Act, 2005, the then existing Section 25 was substituted. The substituted Section 25 reads

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 … this Act shall be deemed to have come into force on the first date of January, 2005.18. Vide Section 23 of the Patents Amendment Act, 2005 existing Section 25 was substituted. The substituted Section 25 reads as under:25. … 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

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

Court : Mumbai

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 … Subbiah Choudhry and Ors. : [1957]1SCR488 . He laid emphasis on paragraph 23 of the said judgment which reads as under:23. From the decisions cited … 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

Asha D/O Bhalchandra Joshi Vs. National Insurance Co. Ltd.

Court : Mumbai

Subject : Motor Vehicles

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(14), 4, 16, 17, 20, 96, 100, 100A, 110 and 115; Workmen's Compensation Act - Sections 23 and 30; Motor Vehicles Act - Sections 110, 140, 163A, 166, 169(2), 173 and 176; Land Acquisition Act - Sections 54; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 4 and 4(1); Companies Act, 1956 - Sections 10F, 12F, 397, 398 and 483; Rajasthan High Court Ordinance, 1949 - Sections 18; Motor Vehicles Rules - Rules 275 and 276; Bombay Public Trusts Act - Sections 72; Letters Patent Act - 30, 70, 72, 72(1) and 108

Reported in : 2009ACJ223; 2008(1)ALLMR745; 2008(2)BomCR76; 2008(1)MhLj724

Section 100-A in the Civil Procedure Code, 1908 substituted by Section 4 of the Code of Civil Procedure (Amendment) Act, 2002 takes away the right of Letters Patent Appeal on and from 1st July, 2002 in respect of the … In Dhondubai, on which learned Advocate Mrs. Smita Deshpande herself relied, the Bench was considering a clause in Section 23 of the Workmen's Compensation Act, which is similarly worded as Section 169(2) of the Motor Vehicles Act. In … the tenability of this intra-Court appeal under Clause 15 of the Letters Patent, we would examine whether such an appeal is tenable, in order to

Pinku Trading Corpn. and anr. Vs. Bank of Baroda and ors.

Court : Guwahati

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100A

the date on which the Code of Civil Procedure (Amendment) Act, 1999 and the Code of Civil Procedure (Amendment) Act, 2002 were made effective or operative. 4. Section 100A as substituted by the above referred amendment Acts reads as … : 'In the instant case we are concerned with the application of the provisions of Sub-section (1A) of Section 23 as introduced by the amending Act to acquisition proceedings which were pending on the date of commencement of … P.G. Agarwal, J. 1. In these Letters Patent Appeals which are pending before this court, a preliminary objection has been

Carlos Alberto Perez Lafuente vs.uoi & Ors.

Court : Delhi

Subject : Intellectual Property

hand, and have considered the respective submissions.15. The deferred examination system was introduced in the Act by the Patents (Amendment) Act, 2002. Prior to that, all patent applications were required to be examined by the Controller of Patents under Section … respondent, the petitioner approached this Court by preferring W.P.(C) No.6975/2011. The said writ petition was disposed of on 23.09.2011 with a direction to the Patent Office to examine the petitioner‟s representation and to pass an order after

Bayer Corporation vs.union of India & Ors.

Court : Delhi

Subject : Education

ensuring the availability of the same in other countries. He relies on the Notes on Clauses of the Patents (Amendment) Act 2002 as well as the Joint Parliamentary Committee Report pertaining to the insertion of Section 107A of the Act. … Natco was given the liberty to apply to the court for permission to export the drug. Later, on 23.05.2014, Natco pointed out that in fact it has already been granted a drug license and it was permitted

Sachish Chandra JaIn and anr. Vs. Shri Bhagwan and ors.

Court : Madhya Pradesh

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 96 and 100A; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 16; Constitution of India - Articles 226 and 227

Reported in : 2002(4)MPHT360; 2002(3)MPLJ504

Matched in: Citation 2002(4)MPHT360; 2002(3)MPLJ504

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 … formed a Consortium whereby they jointly and severally agreed to develop and market Constant Contact Side Bearer of 23 tonnes axle load Cansub Bogies. The consortium submitted manufacturing drawings for approval to Member Mechanical, Railway Board, without

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 … Act, 1970. 3. An application for patent titled “Tetracyclic derivatives, processes for preparation and use” was filed on 23.01.1995 by Laboratories Glaxo S.A., of France and the application was assigned to M/s ICOS Corporation of U.S.A., which