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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 … 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, Section 60, Section 61, Section 63, Sub-section (3) of Section

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 … 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, Section 60, Section 61, Section 63, Sub-section (3) of Section

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. … mean an export from India. Therefore, export is actually contemplated under Section 107A. FAO (OS) (COMM) 169/2017 Page 27 of 90 37. Mr. Grover states that it is an established position in law that any term in

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 … number PCT/EP2007/052939 titled as „Method and System for monitoring a mobile station presence in a special area‟ on 27.03.2007, claiming priority from 28.03.2006, in respect of its European patent application (#06111804.8). The petitioner chose India as one

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

Court : Intellectual Property Appellate Board IPAB

Subject : Land Acquisition

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

Nuziveedu Seeds Ltd. And Ors. Vs.monsanto Technology Llc and Ors.

Court : Delhi

Subject : Land Acquisition

Trade (GATT), including the Trade- Related Aspects of Intellectual Property Rights (TRIPS) Agreement, India, inter alia, introduced the Patents (Amendment) Act, 2002, in June 25, 2002. This amendment altered the definition of “an invention” under Section 2(1)(j) to include the … included the „nucleic acid sequence‟ and the consequent process to insert the „nucleic acid sequence‟ in plant cells. 27 claims were granted in the said patent. In this regard, Claims Nos. 25 to 27 related to a

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

the meanwhile the Code of Civil Procedure (Amendment) Act, 2002 was enacted. Interalia by Section 4 of the Amendment Act, 2002, Section 100A of the Code (as substituted by Section 10 of the Amendment Act, 1999), was substituted thus:'100-A. No … presided over by Hon'ble the Chief 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 (Goa Bench) in Shri Chandreshwar Bhuthanath

Yahoo! Inc (Formerly ‘overture Services Inc.’), a Delaware C ...

Court : Intellectual Property Appellate Board IPAB

Subject : Intellectual Property

there existed an appeal against the pre-grant opposition under section 116 of the Act as amended by the Patents (Amendment) Act, 2002 before the grant of patent. The counsel argued that there has to be a remedy when there is … ORDER (No.188/2009) S. Chandrasekaran, Technical Member This is an appeal against the order of the respondent dated 27.03.2009 wherein the application for patent No. IN/PCT/2001/01652/CHE filed on 26.11.2001 by Overture Services Inc., USA has been refused

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

Court : Mumbai

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 … to have jurisdiction to impose penalty. In other words, it was argued that the amendment brought out in Section 27 of the Income Tax Act w.e.f. 1st April, 1971 was not applicable to pending references. In paragraph 18

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

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 … up for consideration, the appellant made an application (Application No.EMR/01/2002) on March 27, 2002, for grant of exclusive marketing rights (EMR) for the subject product … 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