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Novartis Ag and ors. Vs. Union of India and ors.
Supreme Court of India
Apr-01-2013
Intellectual Property Rights
Patents Act, 1970 - Sections 3(d)(b), 2(1)(d), 133, 24(A), 25(1), 2(8)(10), 14, 5, 10; Atomic Energy Act, 1962 - Section 20(1); Patents and Designs Act, 1911
Act of 1999 thus complied with Article 70(8) and (9) of the TRIPS Agreement.68. Three years later the Patents (Amendment) Act, 2002 (Act No. 38 of 2002) came to be enacted on June 25, 2002. It brought large scale amendments … Alam, J.1. Delay condoned.2. Leave granted in all the special leave petitions.3. What is the true import of section 3(d) of the Patents Act, 1970?How does it interplay with clauses (j) and (ja) of section 2(1)? Does … (which is obtained after filtering the resulting liquid) is evaporated down to 50%. In other words, half of the filtrate is allowed to vaporize.Step 5
Tag this Judgment! AI Brief & AskNuziveedu Seeds Ltd. And Ors. Vs.monsanto Technology Llc and Ors.
Delhi
Apr-11-2018
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 … at: https://www.collinsdictionary.com/dictionary/english/introgression)(last accessed on 09.04.2018) FAO (OS) (COMM) 86/2017 & 76/2017 Page 5 of 60 9. Monsanto sold 50 seeds of a Bt. Cotton transgenic variety (Donor Seeds) for `50 lakhs to Nuziveedu and its subsidiaries under
Tag this Judgment! AI Brief & AskV.N.N. Panicker Vs. Narayan Pati and ors.
Orissa
Jul-21-2006
Civil
Registration Act; Letters Patent (Patna) Act; Code of Civil Procedure (CPC) - Sections 4, 100A, 104, 104(1) and 104(2) - Order 43, Rules 1 and 2; Code of Civil Procedure (CPC) (Amendment), 2000 - Sections 100A
102(2006)CLT479; 2006(II)OLR349
M.M. Das, J.1. This Letters Patent Appeal has been filed against the order dated 9.9.2005 passed by the learned Single Judge in FAO No. … trial Court which was under challenge in the FAO before the learned Single Judge was passed after the amendment/insertion of Section 100A C.P.C. which was given effect to from 1.7.2002 and, therefore, an appeal under the Letters … Dipika English Medium School Society, a society registered under the Societies Registration Act being represented through its Principal Secretary has filed Civil Suit No. 131 … of the Supreme Court in the case of P.S. Sathappan (dead) by L. Rs. v. Andhra Bank Ltd. and Ors. : AIR2004SC5152 and further submitted
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Commissioner of Income Tax, Delhi Vs. Woodward Governor India P. Ltd.
Supreme Court of India
Apr-08-2009
Direct Taxation
Income Tax Act, 1961 - Sections 28, 29, 30 to 43D, 48, 50, 56, 143, 143(1), 143(2), 144, 145, 145(1), 145(2) and 145(3); Finance Act, 2002; Companies Act - Sections 209; Finance Act, 1967
(2009)223CTR(SC)1; [2009]312ITR254(SC); JT2009(5)SC378; 2009(5)SCALE198; (2009)13SCC1; [2009]179TAXMAN326(SC); 2009(3)LC1519(SC); [2009] 5 SCR 738
next contended that on a proper and true interpretation of the amendment to Section 43A, introduced by Finance Act, 2002, Section 43A is clarificatory. According to the learned Counsel, the occasion for the clarificatory amendment arose in view of … Section 36, or, in the case of a capital asset (not being a capital asset referred to in Section 50), the cost of acquisition thereof for the purposes of Section 48, and the amount arrived at after such … as regards capital assets for scientific research [Section 35(1)(iv)] and also regarding patent rights or copyrights [Section 35A].31. As held in Arvind Mills case (supra)
Tag this Judgment! AI Brief & AskLaxminarayan Vs. Shivlal Gujar and ors.
Madhya Pradesh
Oct-03-2002
Civil
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
AIR2003MP49; [2004(1)JCR203(MP)]; 2002(4)MPHT463
Matched in: Citation AIR2003MP49; [2004(1)JCR203(MP)]; 2002(4)MPHT463
Tag this Judgment! AI Brief & AskMahammed Saud and ors. Vs. Dr. (Maj) Shaikh Mahfooz and anr.
Orissa
Sep-24-2008
Civil
AIR2009Ori46; 2008(II)OLR725:AIR2009Orissa46
Order, 1948, this Letters Patent Appeal can be entertained in view of amendment of the CPC by the Amendment Act 22 of 2002 after 1st July, 2002.13. Before proceeding further, it would be prudent to quote the relevant … the Letters Patent Appeal was not maintainable in view of amendment of Section 100-A CPC against the judgment/order of a learned Single Judge. Similar view … a learned Single Judge of this Court in FAO No. 386 of 2007 is assailed in this Letters Patent Appeal. In the FAO an order of September 9, 2005 passed by the Ad hoc Addl. District Judge, … of the Supreme Court in the case of P.S. Sathappan (dead) by L.Rs v. Andhra Bank Ltd. and Ors. : AIR2004SC5152 as well as the
Tag this Judgment! AI Brief & AskBajaj Auto Ltd., State of Maharashtra Rep. by S. Ravikumar Vs. Tvs Mot ...
Chennai
Feb-16-2008
Intellectual Property Rights
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
(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 … be some ingenuity in the mode of making the adoption'. As Cotton L.J. Put in Blakey and Co. v. Lathem and Co. (1889) 6 RPC
Tag this Judgment! AI Brief & AskNatural Remedies Pvt. Ltd., Bangalore, Rep. by Its Chairman and Managi ...
Karnataka
Dec-09-2011
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 … process and process alone. He should not look into the product which is the result of the process. 50. The argument that in understanding the patent, the Court has to adopt the purposive interpretation was the law
Tag this Judgment! AI Brief & AskNatural Remedies Pvt. Ltd., Bangalore, Rep. by Its Chairman and Managi ...
Karnataka
Dec-09-2011
Civil
Code Of Civil Procedure (CPC), 1908 - Order 7 Rule 1; Companies Act, 1956
2012(4)CTC(IP)8; 2012(3)KCCR140(SN)
from 20th April 1998 which was initially valid upto 20th April 2005. However, with the enactment of the Patents (Amendment) Act, 2002 and the framing of the Patent Rules, 2003, the plaintiffs patent bearing No.186857 has been subsequently extended for … Rule 14 of the Code of Civil Procedure 1908. The failure to produce the assignment document as per Section 68 of the Act is fatal to the plaint and consequently, the plaint ought to be rejected under … be some ingenuity in the mode of making the adoption. As Cotton L.J. put in Blakey and Co. v. Lathem and Co. (1889) 6 RPC
Tag this Judgment! AI Brief & AskM.C.Jayasingh Vs. Mishra Dhatu Nigam Limited
Chennai
Jan-23-2014
Land Acquisition
which was replaced by the later 1970 Act. The 1970 Act itself had undergone significant changes, under the Patents (Amendment) Act, 2005, with a view to meet India's obligations under TRIPS. Therefore, it is essential to take a wholesome … VII, Rule 1, CPC, read with Order IV, Rule of the Original Side Rules, Section 108 read with Section 50(1) of the Patents Act, 1970 and Section 22(2)(b) of the Designs Act, 2000. ----- For Plaintiff : Mr.M.Sundar … joint CMPs in terms of quantity was 57 in 2001-02, 81 in 2002-03, 91 in 2003-04, 89 in 2004-05 and 60 in 2005-06; (l) that
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