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Glaxo Smith Kline Plc and ors. Vs. Controller of Patents and Designs a ...

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 5(2), 11B(3), 24A, 24B, 24B(1) and 78; Patents (Amendment) Act, 2005 - Sections 21 and 78; General Clauses Act, 1897 - Sections 6; Ceylon Interpretation Ordinance, 1900

Reported in : 2009AIRSCW376; AIR2009SC1147; 2008(4)AWC3839(SC); 2008BusLR879(SC); (SCSuppl)2008(4)CHN197; LC2008(3)131; (2009)2MLJ548(SC); 2008(38)PTC1(SC); 2008(12)SCALE284; 2008(6)LHSC4364.

of the enactment under which the consideration had been sought. INDIAN PATENT ACT, 1970 Section 5(2) & Patent (Amendment) Act, 2005, Chapter IV-A.: [Arijit Pasayat & Lokeshwar Singh Panta, JJ] Patent for Exclusive Marketing right - Application for grant of … this appeal. A learned Single Judge had set aside the order dated 28.12.2004 passed by the Controller of Patents and Designs (in short the `Controller') and remanded the matter to him for arriving at a fresh decision … by Free Lanka Insurance Co. Ltd. v. Ranasinghe 1964 (1) All ER 457. In that case the Privy Council had no difficulty in construing the

Commissioner of Income Tax, Dehradun and anr. Vs. Enron Oil and Gas In ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32, 42, 42(1), 115A and 293A

Reported in : (2008)218CTR(SC)641; [2008]305ITR75(SC); JT2008(10)SC154; 2008(12)SCALE225; 2008(2)LC1265(SC)

statutory authority remains alive even after repeal of the enactment under which the consideration had been sought. INDIAN PATENT ACT, 1970 Section 5(2) & Patent (Amendment) Act, 2005, Chapter IV-A.: [Arijit Pasayat & Lokeshwar Singh Panta, JJ] … of the enactment under which the consideration had been sought. INDIAN PATENT ACT, 1970 Section 5(2) & Patent (Amendment) Act, 2005, Chapter IV-A.: [Arijit Pasayat & Lokeshwar Singh Panta, JJ] Patent for Exclusive Marketing right - Application for grant of … participating interest of 30%. ONGC was entitled to a participating interest of 40%. EOGIL was designated as the Operator under the said PSC.3. Vide Notification

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)

notification issued in the year 2007 as also the further amendment to the Patents Act, 1970 by the Patents Amendment Act, 2005, again bringing into effect the provisions of the said Amendment Act on 2 different dates. 3. As I … retained as they were in the statute book. 11. Vide Section 47 of the Amendment Act, 2002 entire Chapter XIX in the existing statute was substituted. Section 116 and Section 117A were reworded.12. The amended Section 25 … dates and their impact. Thereafter, I propose to consider the rival submissions. 4. At the outset it may be noted that the appeals were filed

Telefonaktiebolaget LM Ericsson (Publ) Vs. Competition Commission of I ...

Court : Delhi

Subject : MRTP

The Patents (Amendment) Act, 1999 (17 of 1999); The Patents (Amendment) Act, 2002 (38 of 2002); and The Patents (Amendment) Act, 2005 (15 of 2005). These sets of amendments - apart from seeking to simplify and make the Patents Act … is a body established under Section 7 of the Competition Act and performs the functions as mandated under Chapter IV of the Competition Act. CCI being a creature of the statute has to perform its functions and … Competition Act and the same is the subject matter of W.P.(C) No. 464/2014 (hereafter also referred to as the 'Micromax Petition') and the impugned order

Neon Laboratories Pvt.Ltd. Vs. Troikaa Pharma Limited, and ors.

Court : Mumbai

Subject : Patent

Acts : Patents Act, 1970 - Sections 25(1)(k)(2), 26, 43, 59 ; Patents (Amendment) Rules, 2005 - Rule 55(1)

to the grant of patent. Mr.Grover submits that the Patents Act, 1970 has been extensively amended by the Patents (Amendment) Act, 2005. It is submitted by him that Sections 25 and 26 in the old Act have been substituted and … which has been allowed by the authorities, who are Respondent Nos.2 to 4 to this Writ Petition.4 It is stated that on 01.02.2005 the Respondent … elsewhere and also for prescribing the procedure to deal with such opposition.23 Mr.Grover was vehement in submitting that ChapterV is entitled as "the opposition proceedings to grant of patent". He submits that Section 25(1) provides for a

Bayer Corporation vs.union of India & Ors.

Court : Delhi

Subject : Education

of the fact that the term "importing" was specifically included in Section 107A of the Act by the Patents (Amendment) Act, 2005, without any mention of the word export" or "offering for sale". This clearly indicates that the legislature did … a proviso/exception can be seen from its placement in the statute by the legislature. It finds mention in Chapter XVIII which is titled "suits FAO (OS) (COMM) 169/2017 Page 10 of 90 concerning infringement.” This means that … on:12. 10.2018 Pronounced on:22. 04.2019 LPA No.359/2017, CM Nos.17922/2017, 20160/2017, 33383- 84/2017, 47167/2017 & 660/2018 BAYER CORPORATION ..... Appellant Through: Mr. Sudhir Chandra, Sr. Adv.

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

2005 which was promulgated on 4.4.2005 w.e.f. 1.1.2005.10. Vide Section 47 of the Patents (Amendment) Act, 2002 entire Chapter XIX stood substituted. Sections 116 and 117A were reworded which read as under:Section 116(1) Subject to the provisions … a classic illustration of the confusion which has emerged on account of the postponement of in-part commencement of Patents (Amendment) Act, 2005.4. Quite often the commencement of an Act is postponed to some specified future date or to such date

Lg Electronics India Pvt Ltd Vs. Bharat Bhogilal Patel and Others

Court : Delhi

Subject : MRTP

Reported in : 2012(5)CTC(IP)1

interdicting the consignments which are being imported by the plaintiff without preferring an infringement action in accordance with Patents Act 1970 amounts to groundless threats and ought to be prevented by the court. 2.2 The plaintiff claims … of determination, the customs can be given such powers of adjudication of the claims relating to patents without amendments to the Patents Act relating to the same. Thus, it raises further doubts as to how the interpretation … Client Programme” issued pursuant to Circular 42/2005 - Cus dated 24th November, 2005, in F.No.450/66/2005-Cu.IV. e) A decree for damages in excess of Rs.20 lac … intellectual properties with the proviso that the conditions set out in this chapter are met with. The closer reading of the article 51 reflects the … the “Accredited Client Programme” issued pursuant to Circular 42/2005 - Cus dated 24th November, 2005, in F.No.450/66/2005-Cu.IV.

Novartis Ag Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Intellectual Property

agreement, the Patents Act, 1970, was subjected to large scale changes in three stages; and finally, by the Patents (Amendment) Act, 2005, section 5 was altogether deleted from the Parent Act (Patents Act, 1970). Between January 1, 1995 and January … contained sections 3, 4 and 5, but after the deletion of section 5 with effect from January 1, 2005, Chapter II has only two sections: sections 3 and 4. The Chapter has the Heading “Inventions not Patentable” and

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)