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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

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 … Federal Court under the Federal Court (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 provided the conditions thereof were satisfied,

Partap Singh Vs. Smt. Satya Devi and anr.

Court : Himachal Pradesh

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Section 102; ;Code of Civil Procedure (CPC) (Amendment), 1999 - Section 11; ;Code of Civil Procedure (CPC) (Amendment), 2002 - Sections 5 and 16; ;Uttar Pradesh High Court (Abolition of Letters Patent Appeals) Act; ;Code of Civil Procedure (CPC) , 1882 - Section 582A; ;Court Fees Act - Section 4

Reported in : AIR2005HP37

11 of the Code of Civil Procedure (Amendment Act) 1999 and Section 5 of the Amending Act of 2002. Section 16 of the Amending Act of 2002 saves certain appeals from the bar created by Section 102 of … decree in such a suit will not lie on and after 1-7-2002 when the Code of Civil Procedure (Amendment Act) 2002 (hereafter referred to as the Amending Act of 2002) came into force. The dispute is as to whether … date immediately preceding the enforcement of UP High Court (Abolition of Letters Patent Appeals) Act which came into force on 13-11-1962 which abolished the right

Natural Remedies Pvt. Ltd., Bangalore, Rep. by Its Chairman and Managi ...

Court : Karnataka

Subject : MRTP

Patents and Designs Act, 1911, Section 2;Patents Act, 1970, Sections 2(10), 5, 10, 13(4), 64, 104, 107, 108; Patents (Amendment) Act, 2002, Section 104-A ;Patent Rules, 2003- Original Suit and Counterclaim-Revocation of Patent- Process patent for ayurvedic poultry feed registered by

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

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 … Clauses Act, 1897 (10 of 1897).(a) the provisions of Section 102 of the principal Act as substituted by Section 5 of this Act, shall not apply to or affect, any appeal which had been admitted before the commencement … 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

Rajalakshmi Associates Vs. Sree Meenakshi Papers

Court : Kerala

Subject : Civil

Acts : Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 100A; Kerala High Court Act, 1958 - Sections 5(2)

Reported in : 2003(2)KLT225

of the appeals has been questioned in view of Section 100-A introduced by the Code of Civil Procedure (Amendment} Act 2002 with effect from 1.7.2002. Section 100-Aof the Code of Civil Procedure is extracted below for easy reference.'100-A. No … No further appeal in certain cases. Notwithstanding anything contained in any Letters Patent for any High Court or in any instrument having the force of … K.S. Radhakrishnan, J. 1. These appeals have been preferred under Section 5(2) of the Kerala High Court Act, 1958 against the judgment of learned single Judge of this court. Maintainability

K. Sathya Murthy Vs. the Secretary Ministry for Industry and Commerce ...

Court : Karnataka

Subject : Intellectual Property Rights

Acts : Drugs and Cosmetics Act, 1949 - Sections 5; Patents Act, 1970; Patents (Amendment) Act, 2002; Patents (Amendment) Act, 2005

Reported in : 2007(4)KarLJ686; 2007(4)KCCRSN260; 2007(3)AIRKarR40.

and globalisation unless the authorities regulating and enforcing the provisions of the Patents Act, 1970 which came to be amended later, acted with a sense … Patent Office, Chennai2. The affidavit inter alia, points out that sweeping changes have been brought about by the Amendment Act of 2005 to the parent Patent Act of 1970 and some major changes such as omission of Section … by the Patent Office at the Jour Centres in India upto November, 2002 with details of applications processed upto the period of November, 2002. Learned … Act of 2005 to the parent Patent Act of 1970 and some major changes such as omission of Section 5 of the principal Act, having taken place and changed statutory position substantially alters the grounds on which the

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 … 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 … and Controls (I) Limited v. Schneider Electric Industries 2002 (24) PTC 632 (Del) [hereafter referred to as … 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 … to the date of application after they are granted. However, in the case of patent applications filed under Section 5(2) the rights of a patentee accrue only from the date of grant of patent by virtue of the

Monsanto Technology Llc and Ors. Vs.nuziveedu Seeds Limited & Ors.

Court : Delhi

Subject : MRTP

in CS (Comm) 132/2016 Page 74 of 96 Section 5, prior to its amendment in 2002, by the Patents (Amendment) Act, 2002, read as under :-"claiming substances intended for the use, or capable"5. Inventions where only methods or processes of