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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 … to be performed; e. that the applicant has failed to disclose to the Controller the information required by Section 8 or has furnished the information which in any material particular was false to his knowledge; f. that in

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 … suggestion or representation and (b) failed to disclose to the Controller of Patents the information in terms of Section 8 of the Act. It is submitted that the patent was obtained on a false suggestion that there was

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 … is to be performed;e. that the applicant has failed to disclose to the Controller the information required by Section 8 or has furnished the information which in any material particular was false to his knowledge;f. that in the

Mahendra Panmal Duggad JaIn and anr. Vs. Bhararilal Panmal Duggad JaIn ...

Court : Mumbai

Subject : Civil

Acts : Bombay Civil Court Act, 1869 - Sections 8, 16, 17 and 26; Bombay Civil Court (Amendment) Act, 1999; Maharashtra Civil Courts (Enhancement of Pecuniary Jurisdiction and Amendment) Act, 1977 - Sections 19; Bombay Civil Court (Amendment) Act, 1983; Bombay Civil Courts (Amendment) Act, 1982 - Sections 3; Bombay General Clauses Act - Sections 7; Income Tax Act - Sections 27, 274 and 274(2); Taxation Laws (Amendment) Act, 1970; General Clauses Act - Sections 6, 15Z, 15Z(1) and 15Z(2); Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Patents (Amendment) Act, 2002

Reported in : 2008(6)BomCR699; 2008(4)MhLj803

made in the statute, for example, The Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Patents (Amendment) Act, 2002 etc. It is true that no litigant has any vested right in a matter of forum but when … appeal from his decision shall be direct to the High Court.7. It may be useful to mention that Section 8 of the Act provides that, except as provided in Sections 16, 17 and 26, the District Court shall

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 [Section 64 (1) (i)]., false suggestions or representations [Section 64 (1) (j)]., non-compliance of the requirements of Section 8 [Section 64 (1) (m)]., non-disclosure of source or geographical origin [Section 64 (1) (b)]. and the invention claimed

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 … with such number of Additional Judicial Commissioners that Central Government decided for Goa, Daman and Diu because of Section 8 and Section 11. The said Court of Judicial Commissioner became the highest Court or the High Court for … B.P. Dharmadhikari, J.1. Letters Patent Appeal was disposed of on 18.9.2002 by this Court and said Judgment

Maharao Brijraj Singh Vs. Smt. Sarawati Devi Sharma @ Poddarni and ors ...

Court : Rajasthan

Subject : Civil

Reported in : RLW2007(4)Raj3526

appeal is from the said order.3. Section 100A substituted by Section 4 of the Code of Civil Procedure (Amendment) Act, 2002 effective from July 1, 2002 reads thus:No further appeal in certain cases-Notwithstanding anything contained in any Letters Patent … 2002 effective from July 1, 2002 reads thus:No further appeal in certain cases-Notwithstanding anything contained in any Letters Patent for any High Court or in any other instrument having the force of law or in any law

United India Insurance Co. Ltd. Vs. S. Surya Prakash Reddy and ors.

Court : Andhra Pradesh

Subject : Motor Vehicles

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 2(14), 4, 4(1), 31, 34, 35A, 91, 92, 95, 96, 100, 100A, 104, 104(1), 104(2), 104A and 141 - Order 9 - Order 16 - Order 18 - Order 21 - Order 43, Rule 1; Code of Civil Procedure (CPC) , 1877 - Sections 588; Code of Civil Procedure (CPC) (Amendment) Act, 2002; Code of Civil Procedure (CPC) , 1859; Code of Civil Procedure (CPC) , 1882 - Sections 588, 638 and 652; Motor Vehicles Act, 1988 - Sections 140, 173 and 173(2); Workmen's Compensation Act, 1923 - Sections 4A, 12(2), 19, 23, 27 and 30; Land Acquisition Act, 1894 - Sections 54; Government of India Act, 1915 - Sections 71, 72, 107 and 108; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Arbitration Act, 1940 - Sections 39,

Reported in : I(2007)ACC361; 2006ACJ2287; 2006(4)ALD530

Constitution. After three years, Section 100A, in its present form, was inserted by the Code of Civil Procedure (Amendment) Act, 2002. The last amended Section 100A reads as under:100A. No further appeal in certain cases.-Notwithstanding anything contained in any … guided by the provisions of the Code of Civil Procedure, 1859. Similar provisions were made in the Letters Patents of the High Courts of Bombay and Madras. Clauses 15 and 44 of the Letters Patent vide which … of order dated 20-8-2004 passed by the Full Bench, LPA (SR) No. 87377 of 2003 has been placed before the Larger Bench for determination of

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 … 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 … Act;i) that the applicant for the patent has failed to disclose to the Controller the information required by Section 8 or has furnished information which in any material particular was false to his knowledge;j) the drug was known

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)