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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 … publication does not constitute an anticipation of the invention by virtue of Sub-section (2) or Sub-section (3) of Section 29;that the invention so far as claimed in any claim of the complete specification is claimed in a claim

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 … confusion with regard to pending FAO No. 293/06 filed by respondent No. 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 … this case resulting into utter confusion with regard to pending FAO No. 293/06 filed by respondent No. 3 in the High Court under Section 116

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 … infringement of a trademark by virtue of Section 35 of the Trade Marks Act, 1999.40. Nuziveedu submits that Section 29 of the Trade Marks Act, 1999 provides that infringement of a trademark can occur only if a registered

Maharao Brijraj Singh Vs. Smt. Sarawati Devi Sharma @ Poddarni and ors ...

Court : Rajasthan

Subject : Civil

Reported in : RLW2007(4)Raj3526

appeal is from the said order.3. Section 100A substituted by Section 4 of the Code of Civil Procedure (Amendment) Act, 2002 effective from July 1, 2002 reads thus:No further appeal in certain cases-Notwithstanding anything contained in any Letters Patent … 2002 effective from July 1, 2002 reads thus:No further appeal in certain cases-Notwithstanding anything contained in any Letters Patent for any High Court or in any other instrument having the force of law or in any law … The Full Bench of the Bombay High Court in paragraphs 27, 28, 29 and 30 considered the matter thus:27. The expression 'notwithstanding', 'is heard and

Masusmi Sa Investment Llc Vs. Keystone Realtors Pvt. Ltd. and Others

Court : Mumbai

Subject : Arbitration

by any decision or order of the Company Law Board [made before the commencement of the Companies (Second Amendment) Act, 2002] may file an appeal to the High Court within sixty days from the date of communication of the … third, that no interest could be awarded on the amount adjudged in the award beyond the provisions of Section 29 of the Arbitration Act. 86. It is seen above that, in Mohindra Supply Co. the court held that … Arbitration and Conciliation Act, an appeal under Clause 15 of the Letters Patent would lie or it can be said that such an appeal is

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

Court : Intellectual Property Appellate Board IPAB

Subject : Intellectual Property

providing Exclusive Marketing Rights (EMR). The Indian Parliament made further amendments in the Patents Act, 1970 through the Patents (Amendment) Act, 2002 (Act 38 of 2002) which came into force from 20.05.2003 along with the Patents Rules, 2003 with a … 3, R 4, R 5, R 6 and R 7, respectively) filed representations by way of oppositions under section 25(1) of the Patents Act, 1970 as amended by the Patents (Amendment) Act, 2005 (hereinafter referred to as … (57), 18.2o (90), 20.0o (65), 20.6o (76), 21.1o (100), 22.1o(89),22.7o (38),23.8o (44), 29.8o (23) and 30.8o (20) essentially as in Fig. 2/3. 8. The β-crystal

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. … Choudhary Kapur, Mr. Vivek Ranjan and Mr. Devanshu Khanna, Advocates for Interveners. RFA(OS)(COMM) 6/2017, CM Nos.17508/2017 & 32128- 29/2017 BAYER INTELLECTUAL PROPERTY GMBH & ANR ..... Appellants Through: Mr. Guru Krishna Kumar, Sr. Advocate with Mr. Pravin

Ramesh Chandra Das Vs. Kishore Chandra Das and ors.

Court : Orissa

Subject : Civil

Reported in : AIR2007Ori146

and decree of such single Judge.Section 100A was first introduced by amendment by the Code of Civil Procedure (Amendment) Act, 1976. Section 97 of that Amending Act contained the provisions for Repeal and Savings. Section 97(2)(n) of the … coming to the conclusion, the learned Judges merely referred to paragraphs 22, 29, 30, 31, 32 of the judgment in Sathappan and came to the … the Code, as amended in 2002.100A. No further appeal in certain cases --Notwithstanding anything contained in 'any Letters Patent for any High Court or in any other instrument having the force of law or in any other

P.S. Sathappan (Dead) by Lrs. Vs. Andhra Bank Ltd. and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(9), 3, 4, 4(1), 35A, 96 to 103, 104, 104(1), 104(2), 105, 105(2), 115, 117, 135, 217(1), 218D, 278 and 282 - Order 7, Rules 10 and 11 - Order 10, Rule 3 - Order 16, Rule 2 - Order 18, Rules 1, 5, 6, 8, 9, 10, 11, 13, 14, 15 and 16 - Order 20, Rules 1 and 8 - Order 21, Rules 72, 90 and 92 - Order 33, Rule 7 - Order 39, Rules 1 and 2 - Order 41, Rule 35 - Order 43, Rule 1 - Order 49, Rules 1, 2 and 3; Constitution of India - Articles 133, 136, 225, 329 and 372; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 2002; ;Indian High Courts Act, 1861; Legislative Act; Government of India Act, 1935 - Sections 223; India (Adaptation of Existing Laws) Order, 1949; Independence Act, 1947 - Section

Reported in : AIR2004SC5152; 2004(5)CTC209; JT2004(8)SC464; (2005)1MLJ105(SC); RLW2005(1)SC19; 2004(8)SCALE601; (2004)11SCC672

in the Code by reason of Code of Civil Procedure amendment Act, 1976 or Code of Civil Procedure Amendment Act, 2002. In any event the provision of Section 100A of the Code being not retrospective in operation, the right … of the Letters Patent, there was a clear provision that the Letters Patents are subject to the legislative powers of the Governor-General in Council. It … limits of the jurisdiction of the Court, or imposing conditions with respect thereto; or(e) under Section 28 or Section 29, refusing permission to a guardian to do an act referred to in the section; or(f) under Section 32,

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 … person has to sign the pleadings on behalf of the company. Order 29 Rule 1 of the Code of Civil Procedure, therefore, provides that in … 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