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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. … law of a country other than India. I am also unable to accept the contention of Bayer that, 31. use of the word ―selling‖ refers to selling‗ within India‘ only. ‗Sale‘, in Black‗s Law Dictionary, 10th Edition,

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 … Page 4 of 60 7. the Patents Act Grant of Patent Post-grant journal data February 12, 2008 March 31, 2008 The relevant grounds of the subject patent in India are in respect of the following claims: “25.

Kamal Kumar Dutta and anr. Vs. Ruby General Hospital Ltd. and ors.

Court : Supreme Court of India

Subject : Company

Acts : Companies Act, 1956 - Sections 10E, 10F, 53, 81(1A) 189, 193, 283(1), 397, 397(1), 398, 398(1), 399, 402 and 483; Companies (Amendment) Act, 1988; Foreign Exchange Regulation Act, 1973 - Sections 19(1); Companies (Second Amendment) Act, 2002; Code of Civil Procedure (CPC) - Sections 4, 4(1), 100A, 104(1) and 104(2); ;Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 100A; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 100A; Companies (Amendment) Act, 1991

Reported in : [2006]134CompCas678(SC); (2006)5CompLJ511(SC); JT2006(7)SC333; 2006(7)SCALE668; [2006]70SCL222(SC)

:483. Appeals from orders.- Appeals from any order made or decision given before the commencement of the Companies(Second Amendment) Act, 2002, in the matter of the winding up of a company by the Court shall lie to the same … and 398 of Companies Act, 1956, Section 100A of Code of Civil Procedure and Clause 15 of Letters Patents - whether appeal against Order of Single Judge to Division Bench under Letters Patent is maintainable or not … J.1. Leave granted. 2. These appeals are directed against the order dated 31.3.2005 passed by learned Company Judge, Calcutta High Court in APO No. 746

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 … the conclusion, the learned Judges merely referred to paragraphs 22, 29, 30, 31, 32 of the judgment in Sathappan and came to the finding that … 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 … all such laws. In Clause 35 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 was accordingly thought that the Code … Patent, except that they do not restrict the express Letters Patent appeal. 31. Though not directly, some observations made by this Court also support the

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 … relatable to a Section which was not even in the statute book? 31. No doubt, the submission made by learned Counsel for the respondent does

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 … meeting the deadline of the transitional period of 10 years upto December 31, 2004 extending product patents to food, pharmaceutical products, agrochemicals and microorganisms. 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 … new use of a known substance and therefore not patentable in terms of Section 3(d) of the Act. 31. In reply, Mr. Shanti Bhushan submits that although Section 48 has been made subject to Section 47, it

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 … quia timet basis seeking injunctive relief. The suit was decreed on July 31, 2015 on the basis of undertakings given by the defendant on July … 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

Novartis Ag and anr. Vs. Mehar Pharma and anr.

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 24B

Reported in : 2005(3)BomCR191; 2005(30)PTC160(Bom)

nature of the impugned drugs of all the defendants, regardless of jurisdiction.4. Until the amendments made by the Patents (Amendment) Act, 1999, only a Process Patent was granted for a medicine or a drug. Old Section 5 was renumbered … market at best in January 2003, much after the plaintiffs had introduced their GLIVEC in the market in 2002. It is submitted that the defendants' contention, to the effect that beta crystalline form of imatinib mesylate not … to 25, amongst other paragraphs.Their case is that the patent granted in 31 countries of the world and which resulted in grant of EMR ought