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F. Hoffmann-la Roche Ltd. and anr. Vs. Cipla Limited

Court : Delhi

Subject : Intellectual Property Rights

Acts : Indian Patent Act, 1970 - Sections 2, 2(1) 3, 5, 5(2), 8, 10, 11A, 11A(3), 11A(7), 11B, 12, 13, 13(4), 14 to 21, 25(1), 25(2), 25(3), 25(4), 43, 45(1), 47, 48, 53, 59(1), 64, 64(1), 68, 104A, 107, 108 and 117A; Indian Companies Act, 1956; Trade and Cosmetics Act; Patent (Amendment) Act, 2005; Patent (Amendment) Act, 2002

Reported in : 148(2008)DLT598; LC2008(2)35; 2008(37)PTC71(Del)

patent in respect of Erlotinib and its process by application No. 537/Del/1996 on 13.3.1996. The Controller General of Patents, Trademarks and Designs, New Delhi granted a certificate bearing Patent No. 196774 dated 23.02.2007, which was recorded in … establish its case. In this context, learned Counsel also argued that the nature of changes brought in by amendment in 2005, affording multiple challenges shows that the previous rule, evolved by courts ' one of caution, ungrounded … the decision in Telemecanique and Controls (I) Limited v. Schneider Electric Industries 2002 (24) PTC 632 (Del) [hereafter referred to as Schneider], where it was … known compound. Counsel explained that in column paragraph 45, US6900221 discloses that the hydrochloride compound disclosed in … process of its manufacture is patented according to provisions of the Patent Act, 1970 (hereafter 'the Act'). The Central Drug Standard Control Organisation, Directorate General … Plaintiff. It is alleged that on 8.1.2001, under Section 68 of the Act, 1970 the Plaintiffs had

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 … under Section 3(j). Claim nos. 41- 43, 59 were rejected under Section 3(b) and other grounds. Only claims 45, 46, 47 were not objected to. These were a sub-set of claims on nucleic acid sequence. Subsequent correspondence

Shri Laxman Ladu Raut and Shri Mangaldas K. Gawas, Chairman Vs. Union ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Constitution of India - Articles 226 and 227; Multi-State Co-operative Societies Act, 1984 - Sections 9, 9(3), 10, 35(3) and 95; Multi-State Co-operative Societies Act, 2002 - Sections 3, 10, 11, 11(1), 11(7), 11(8), 11(9), 12, 45, 45(5), 84, 84(1), 84(2), 84(3), 84(4), 84(5) and 126(4); Arbitration and Conciliation Act, 1986; General Clauses Act, 1897 - Sections 14; General Clauses Regulations; Code of Civil Procedure (CPC)

Reported in : 2007(5)ALLMR642; 2007(4)BomCR613; (2007)109BOMLR1005; 2007(1)GLR518

to the said letter dated 20-12-2005 in relation to the Certificate of Amendment of Registration dated 1-3-2004, there are two other such Certificates brought into … of Respondent No. 3-the Central Registrar, on 19-8-2002 the old Act was repealed and the Multi-State Co-operative Societies Act, 2002 (new Act, for short) came into force and the Central Registrar registered the Bye-laws sent for approval not … to bring into line with the provisions of the new Act which by virtue of Sub-section (5) of Section 45 provided that the term of Office of the elected members of the Board should be not exceeding 5 … repeatedly in the House of Lords and Privy Council, without distinction between patent and latent defects. Lord Diplock spoke still more clearly and stated it

Mariappan Vs. A.R. Safiullah,

Court : Chennai

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 23 and 53; Patents Act, 1970 - Sections 2, 12, 13(4), 43, 45(1), 48, 53, 104 and 108; Patents and Designs Act, 1911 - Sections 11 and 26(1); Patents (Amendment) Act, 2005; Copyright Act, 1967; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1 and 2

Reported in : 2008(5)CTC97; LC2008(3)431; (2008)6MLJ1117; 2008(38)PTC341(Mad)

for the appellant in O.S.A. No. 283 of 2006 the said decision requires reconsideration in view of the Patents (amendment) Act 2005 under which, major amendments were effected to the Patents Act, 1970. The learned Counsel further invited the … granting order of interim injunction.61. Section 48 of the Patents Act, 1970 as amended by the Patents (amended Act 2002) with effect from 20th May, 2003) protects the rights of patentees. Since we earlier held that the patent … what I wish'? British Thompson Houston Co. v. Metropolitan Cickers Electrical Co. 45 R.P.C. at p.23, Otto v. Linford, (1882) 46 L.T.N.S.35; Flour Oxidising Co.

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

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 … efficient combustion of lean air fuel mixture in small bore ranging from 45 mm to 70 mm internal combustion engine working on 4 stroke principle.

Laxminarayan Vs. Shivlal Gujar and ors.

Court : Madhya Pradesh

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100A; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 16 and 16(2); General Clauses Act, 1897 - Sections 6

Reported in : AIR2003MP49; [2004(1)JCR203(MP)]; 2002(4)MPHT463

Matched in: Citation AIR2003MP49; [2004(1)JCR203(MP)]; 2002(4)MPHT463

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 … affidavits according to him were manipulated, tutored, misleading, speculative and also did not comply with the mandate of section 45 of the Indian Evidence Act 1872. On the subject of “Selection Patent” Shri Tiwari argued that doctrine of

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. … the manufacture, construction, use, sole or import of any product. FAO (OS) (COMM) 169/2017 Page 33 of 90 45. Ms. Chaudhary supported and reiterated the submissions made by Mr. Grover that interpretation of Section 107A cannot be

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 … but nothing in this section shall affect or take away any right to appeal to the Supreme Court. Section 45 45. Power of judicial authority to refer parties to arbitration. Notwithstanding anything contained in Part I or in … 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