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Telefonaktiebolaget LM Ericsson (Publ) Vs. Competition Commission of I ...

Court : Delhi

Subject : MRTP

signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereafter 'TRIPS'). 122. By virtue of the Patents (Amendment) Act 2002, Section 48 of the Act, which specifies the rights granted to a patentee, was substituted to read as under: … by the CCI as Case No. 50 of 2013. 12.12. The interim application filed by Ericsson (IA No. 3825/2013) as well as the application filed by Micromax under Order 39, Rule 4 CPC (IA 4694/2013 in the

Bajaj Auto Ltd., State of Maharashtra Rep. by S. Ravikumar Vs. Tvs Mot ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2, 10, 11, 11(2), 11(3), 11B(1), 11B(3), 12, 12(1), 13, 13(1), 13(4), 25, 26(1), 43, 47, 48, 53(1), 64, 104A, 105, 106 and 108; Patents (Amendment) Act, 2002 - Sections 48; Patents (Amendment) Act, 2005; Motor Vehicles Act; Patents Act, 1949; Patents and Designs Act, 1911 - Sections 12; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2; Designs Act, 1911 - Sections 2(8), 26(1), 51 and 53

Reported in : (2008)ILLJ726Mad; LC2008(1)217; 2008(36)PTC417(Mad)

at this stage of interim application, while considering the prima facie case and the balance of convenience, the Patents (Amendment) Act, 2002 (Act 38 of 2002), which has come into effect from 20.05.2003 and Amendment Act 2005, which came into … the defendant in C.S. No. 1111 of 2007.2. C.S. No. 1111 of 2007 is a suit filed under Section 108 of the Patents Act, 1970 for the relief of permanent injunction in respect of the plaintiff's patent

John George Vs. Stewards Association in India

Court : Kerala

Subject : Civil

Acts : Tamil Nadu Societies Registration Act; Kerala High Court Act, 1958 - Sections 3(13) and 5; Privy Council Jurisdiction Act, 1949; Government of India Act, 1935; Federal Court (Enlargement of Jurisdiction) Act, 1947; Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 38; Code of Civil Procedure (CPC) (Amendment) Act, 1999 - Sections 10; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 100A; Land Acquisition Act; Motor Vehicles Act; Letter Patent Act; Adoption of Laws Order, 1950; Constitution of India - Articles 136, 372(1) and 395; Code of Civil Procedure (CPC) , 1908 - Sections 100A, 104, 104(1), 104(2), 109 and 110 - Order 43, Rule 1

Reported in : AIR2007Ker57; 2006(4)KLT405

costs are made easy. - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]: [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability Held, Section is not retrospective. All appeals … by any subsequent enactment. 6. Section 100-A of CPC, was introduced in the Code of Civil Procedure by Section 38 of the Code of Civil Procedure (Amendment) Act, 1976 which came into force with effect from 1.2.1977. The … (Enlargement of Jurisdiction) Act, 1947 read with Clause 39 of the Letters Patent (Mad) and Sections 109 and 110 of the Code of Civil Procedure

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 … plant yields protein localized to a sub-cellular organelle or compartment.. (and other dependant claims)  Claims 37 to 38: A progeny plant wherein said plant has inherited said nucleic acid sequence.  Claims 41 to 43: A

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 … learned Senior counsel for the Plaintiff, a mere furnishing of information whether the application is pending or dismissed. 38. Given that the national phase application is itself a part of the scheme of filing patent claims internationally

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

R.S.R.T.C. and Etc. Etc. Vs. Vaibhav Kumar and ors. Etc.

Court : Rajasthan

Subject : Motor VehiclesProperty

Reported in : 2008ACJ473; AIR2007Raj147; RLW2007(4)Raj3022

amended provision of Section 100A of the Code of Civil Procedure introduced by the Code of Civil Procedure (Amendment) Act, 2002 has no impact on the power of a Division Bench to entertain and adjudicate the same.5. Being a … law in force.11. Section 100A in the Code of Civil Procedure was introduced for the first time by Section 38 of the Code of Civil Procedure (Amendment) Act, 1976 which came into effect from 1st February, 1977. The … instruments having the force of law. That was a case where Letters Patents Appeal was preferred from the order of a Single Judge passed in

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 … Civil Procedure, 1908 which for the first time by this Code of Civil Procedure (Amendment) Act, 1976 by Section 38 was incorporated as under:-Section 100A. No further appeal in certain cases.- Notwithstanding anything contained in any Letters Patent … 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

Telefonaktiebolaget Lm Ericsson (Publ) Vs. Intex Technologies (India) ...

Court : Delhi

Subject : Land Acquisition

SINGH, J.1. The plaintiff has filed the present suit for permanent injunction restraining infringement of rights in eight patents registered in India alongwith damages/rendition of accounts and delivery up etc.2. Alongwith the plaint the plaintiff has filed … claimed that the plaintiff is one of the largest telecommunications companies in the world. The Ericsson group is active in more than 180 countries having annual sales of USD35Billion (approximately) for the year 2013. The Ericsson’s main … being I.A. No.6735/2014 under Order XXXIX Rule 1 and 2 read with Section 151 CPC. By this order, I propose to decide the abovementioned application.3.

Kamla Devi Vs. Khushal Kanwar and anr.

Court : Supreme Court of India

Subject : CivilFamily

Acts : Indian Succession Act; Code of Civil Procedure (CPC) , 1908 - Sections 89, 100, 100A, 104, 104(1), 104(2), 115 and 588; Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 38 and 299; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 4

Reported in : AIR2007SC663; 2007(2)AWC1148(SC); 2007(1)CTC186; [2007(2)JCR202(SC)]; 2007MPLJ25(SC); RLW2007(2)SC1636; 2006(13)SCALE645

- Civil Procedure Code (CPC) (Amendment) Act, 1976 - Sections 38 and 299 - Civil Procedure Code (CPC) (Amendment) Act, 2002 - Section 4 - Application of Section 100A involved in this appeal - appellant submitted that Section 100A … right of appeal under the Code is statutory. Such right of appeal is also conferred under the Letters Patent of the High Court or the statutes creating the High Court.An appeal, as is well known, is the