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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 … Section 16, Section 17, Section 18, Section 19, Section 20, Section 25, Section 27, Section 28, Section 51, Section 54, Section 57, Section 60, Section 61, Section 63, Sub-section (3) of Section 69, Section 78, Section 84, Section

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 … Section 16, Section 17, Section 18, Section 19, Section 20, Section 25, Section 27, Section 28, Section 51, Section 54, Section 57, Section 60, Section 61, Section 63, Sub-section (3) of Section 69, Section 78, Section 84, Section

M/S. Philips Electronics India Limited Vs. M/S. Asian Electronics Limi ...

Court : Intellectual Property Appellate Board IPAB

Subject : Land Acquisition

Matched in: Judge The Honourable Smt. Justice Prabha Sridevan, Chairman &Amp; D.P.S. Parmar, Technical Member (Patents)

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 …  Claims 44 to 47: A nucleic acid sequence“comprising...” and other dependant claims.  Claims 48 to 52, 54, 55, 56: A plant cell comprising a nucleic acid sequence comprising...(and other dependant claims)  Claims 53: A

Asha D/O Bhalchandra Joshi Vs. National Insurance Co. Ltd.

Court : Mumbai

Subject : Motor Vehicles

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(14), 4, 16, 17, 20, 96, 100, 100A, 110 and 115; Workmen's Compensation Act - Sections 23 and 30; Motor Vehicles Act - Sections 110, 140, 163A, 166, 169(2), 173 and 176; Land Acquisition Act - Sections 54; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 4 and 4(1); Companies Act, 1956 - Sections 10F, 12F, 397, 398 and 483; Rajasthan High Court Ordinance, 1949 - Sections 18; Motor Vehicles Rules - Rules 275 and 276; Bombay Public Trusts Act - Sections 72; Letters Patent Act - 30, 70, 72, 72(1) and 108

Reported in : 2009ACJ223; 2008(1)ALLMR745; 2008(2)BomCR76; 2008(1)MhLj724

Section 100-A in the Civil Procedure Code, 1908 substituted by Section 4 of the Code of Civil Procedure (Amendment) Act, 2002 takes away the right of Letters Patent Appeal on and from 1st July, 2002 in respect of the … legitimate to hold that reference to District Court also ends in an award, amenable to an appeal under Section 54 of the Land Acquisition Act before the High Court. Yet the Apex Court has categorically ruled in Sharda … the tenability of this intra-Court appeal under Clause 15 of the Letters Patent, we would examine whether such an appeal is tenable, in order to

Satya Narayan Agiwal and Bishwanath Agiwal Vs. State Bank of India and ...

Court : Jharkhand

Subject : Civil

Acts : Indian Succession Act, 1925 - Sections 299; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 18, 20 and 21; Bengal Civil Courts Act, 1871; Civil Courts Act - Sections 3; Land Acquisition Act, 1894 - Sections 54; Guardian and Wards Act; Arbitration Act; Code of Civil Procedure (CPC) , 1908 - Sections 35A, 91, 92, 95, 96, 100, 100A, 104, 104(1), 104(2), 217(1) and 218D - Order 43, Rule 1 and 1A; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 100A; Government of India Act - Sections 108

Reported in : 2005(2)BLJR1580; [2005(3)JCR1(Jhr)]

As noticed above, the legislative intent before inserting Section 100-A of the Code of Civil Procedure by 2002 Amendment Act in not providing second forum of appeal arising out of the suit of a higher valuation was that … the non-obstante clause contained therein, Mr. Prasad submitted that a similar matter involving the non-obstante clause contained in Section 54 of the Land Acquisition Act, 1894 had fallen for the decision of a Full Bench of the Ranchi … Bishwanath Agiwal filed the instant appeal under Clause 10 of the Letters Patent.When the matter was placed for admission before the Division Bench on 17th

iridium India Telecom Ltd. Vs. Motorola Inc.

Court : Supreme Court of India

Subject : Civil Constitution

Acts : Code of Civil Procedure (CPC) 1908 - Sections 2(18), 4(1), 15(1), 15A, 57, 100, 100A, 116 to 120, 122, 123, 124, 125, 126, 127, 128, 129 and 148 - Order 8, Rule 1; Code of Civil Procedure (CPC) (Amendment) , 1976 - Sections 97 and 97(1); Code of Civil Procedure (CPC) , 1877 - Sections 16, 17, 54, 119, 160, 182 to 185, 187, 190, 191, 192, 198 to 206, 261, 409, 579, 632, 638 and 652; Code of Civil Procedure (CPC) , 1882 - Sections 638 and 652; Code of Civil Procedure (CPC) (Amendment)Act, 1895; Code of Civil Procedure (CPC) (Amendment) , 2002 - Sections 16; Code of Civil Procedure (CPC) , 1859; Central Act; Constitution of India - Article 254; High Court Original Side Rules; Punjab Court Act, 1918 - Sections 41

Reported in : AIR2005SC514; 2005(2)ALD34(SC); 2005(5)ALLMR(SC)191; 2005(2)ALT32(SC); 2005(2)AWC1872(SC); 2005(3)BomCR781; (2005)107BOMLR967; (2005)2CALLT59(SC); 2005(1)CTC304; 118(2005)D; 2005 (2) SCC 145

so interpreted as not to defeat the substantive vested rights created in favour of a litigant under the Amendment Act of 2002. Since the written statement had not been filed within the time prescribed therein, by reason of … or extra- ordinary original civil jurisdiction, namely Sections 16 and 17, Sections 54, clauses (a) and (b), 57, 119, 160, 182 to 185 (both inclusive), … impugns the judgment of the Division Bench of the High Court of Judicature at Bombay in a Letters Patent appeal holding that the amended provision of Order VIII Rule 1 of the Code of Civil Procedure 1908 … a prayer was made that the court may exercise its powers under Section 148 of the CPC and grant further extension of 30 days beyond

Shri Sanjay Z. Rane, Vs. Smt. Saibai S. Dubaxi (Since Deceased Through ...

Court : Mumbai

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 4 and 100A; Land Acquisition Act, 1894 - Sections 4, 6, 9(2), 18, 25 and 53; Benami Transactions (Prohibition) Act, 1988; Goa, Daman and Diu (Administration) Act, 1962 - Sections 1, 5, 6, 7 and 8; Goa, Daman and Diu Judicial Commissioner's Court (Declaration as High Court) Act 1964 - Sections 3, 8 and 11; Maharashtra High Court (Hearing of Writ Petitions, by Division Bench and Abolition of Letters Patent Appeals) Act, 1986; Goa, Daman and Diu Reorganisation Act, 1987 - Sections 20, 20(1), 20(3), 20(4), 22, 25 and 30; Small Causes Act; Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981 - Sections 3, 4, 7(2), 7(3), 9 and 13; States Reorganisation Act, 1956 - Sections 52, 54, 57 and 69; Goa Land Revenue Code

Reported in : 2009(111)BomLR2668

It appears that on 18.9.2002, this Court took a view that Section 4 of Code of Civil Procedure (Amendment) Act, 2002, especially in relation to Section 100A thereof was applicable retrospectively and, therefore, letters patent appeals already filed were … be followed. Honble Apex Court has interpreted provisions of Section 52 in the light of other provisions like Section 54 and Section 57. In para 20 it has been concluded that Section 52 extended to the territories of … B.P. Dharmadhikari, J.1. Letters Patent Appeal was disposed of on 18.9.2002 by this Court and said Judgment

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

Court : Karnataka

Subject : Civil

Acts : Code Of Civil Procedure (CPC), 1908 - Order 7 Rule 1; Companies Act, 1956

Reported in : 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

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 … which was known to the applicant for the patent and for which he was entitled to claim protection;” 54. The Supreme Court in the case of MONSANTO COMPANY -vs- CORAMANDAL INDAG PRODUCTS (P) LTD., (AIR 1986 SC