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Garware Wall Ropes Ltd. a Company Incorporated Under the Companies Act ...

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2(1), 6, 8, 10, 11, 11A, 11B, 12, 13, 14, 35 to 42, 47, 47(1), 47(2), 47(3), 47(4), 48, 57, 58, 64, 64(1), 64(3), 99, 100, 100(1), 101(3), 101(5), 103, 107, 156, 177 and 240; Patents and Designs Act, 1911; Patents (Amendment) Act, 2005; Patents (Amendment) Ordinance, 2005; Patents Rules, 2003; General Clauses Act, 1897 - Sections 3(23)

Reported in : 2009(3)BomCR896; 2009(111)BomLR479

force by way of ordinance, namely, Patents (Amendment) Ordinance 2005 dated 26.12.2004 and ultimately was enacted as the Patents Amendment Act, 2005 which has made substantial changes. To the inventor a patent system confers certain definite advantages. The incentive for … says that application can be made for a patent and for invention by the true and first inventor. Section 10 of the Act provides for specifications of the patents which must be disclosed along with the application to

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)

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 … 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 … of anyone desirous of seeking patent has to contain specifications that are to conform to the requirements of Section 10. The claim should fully and particularly describe the invention and its operation or use and the method by … 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

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 … 47 of the Patents Amendment Act, 2002 was omitted. Further, vide Section 61 of the Amendment Act of 2005, Section 117A of the principal Act as inserted by Section 47 of the Patents Amendment Act, 2002 was also … was the date on which a particular provision thereof came into force. 10. Relevant for my decision would be to note that vide Section 18

Bajaj Auto Ltd., State of Maharashtra Rep. by S. Ravikumar Vs. Tvs Mot ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : 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

Reported in : (2008)ILLJ726Mad; LC2008(1)217; 2008(36)PTC417(Mad)

'patent' means a patent for any invention granted under this Act.The said definition itself was substituted by the Patents (Amendment) Act, 2005 (Act 15 of 2085) with effect from 01.01.2005. Prior to the said Amendment, Section 2(m) defined 'patent' as,'patent' … factual situation.15. Per contra, Mr. AL. Somayaji, learned senior counsel for the respondent would submit that as per Section 10 of the Patents Act which speaks about the specifications, complete specification must meet the original claim made by

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.

rejected the application filed by the writ petitioners on December 28, 2004. On January 1, 2005 the Patent (Amendment Act), 2005 came into operation by which various amendments to the Act were made and the Chapter IV-A which provided … 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 … as follows:The writ petitioners filed an application for grant of patent under Section 5(2) of the Patents Act, 1970 (in short the `Act') on 28th … in four appeals filed by the respondents questioning correctness of order dated 10th February, 2006 passed by a learned Single Judge of Calcutta High Court

National Organic Chemical Industries Limited, a Company Incorporated U ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 2A, 10, 10(1), 11, 11A, 12, 12(4), 12(5), 12(6), 22, 25(O) and 39; Companies Act, 1956; Contract Labour (Regulation and Abolition) Act; Industrial Disputes (Amendment) Act, 1971 - Sections 3; Industrial Disputes (Amendment) Act, 1965; Limitation Act; Constitution of India - Article 226

Reported in : 2007(4)BomCR653

facets of this law. Section 11(a) was incorporated in the Act by Section 3 of the Industrial Disputes Amendment Act, 1971 with effect from 15th December, 1971. The purpose of this amendment was primarily to enlarge the scope … the order of this Court passed in Company Petition No. 104 of 2005 along with Company Application No. 446 of 2005 on 8th June 2005. … Act, 1947 (hereinafter referred to as 'the Act') notified that powers exercisable by it under Sub-section (1) of Section 10 and Sub-section (5) of Section 12 of the Act shall, in relation to the Industrial Disputes Act, relating … Aggrieved by that order the workmen had filed an appeal bearing Letters Patent Appeal No. 1202 of 2001, which was dismissed, whereafter on 30th December

F. Hoffmann-la Roche Ltd. and anr. Vs. Cipla Ltd.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2(1), 3, 5(2), 11A(7), 11B, 12, 13(4), 14, 25(1), 25(2), 28, 43, 47, 48, 64, 83, 84, 92, 92A and 107; Companies Act, 1956; Patents (Amendment) Act, 2005 - Sections 3; Trade Marks Act - Sections 31; Essential Commodities Act, 1953; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11 - Order 39, Rule 1; Drug Price Control Order

Reported in : 159(2009)DLT243; LC2009(2)1; 2009(40)PTC125(Del)

that in terms of the second proviso to Section 11-A(7) of the Patents Act 1970, introduced by the Patents (Amendment) Act, 2005 (effective from 1st January, 2005), in case of patent applications filed under Section 5 (2) [which concerns a … approval from the Government of Goa for manufacturing the said tablet in various pack sizes of 30,60,100,500 and 1000 tablets. The defendant had launched the product under the mark Erlocip and the said tablet was used for

Novartis Ag Vs. Union of India Through the Secretary and Others

Court : Intellectual Property Appellate Board IPAB

Subject : Intellectual Property

filed representations by way of oppositions under section 25(1) of the Patents Act, 1970 as amended by the Patents (Amendment) Act, 2005 (hereinafter referred to as the Act) with request for hearing under rule 55 of the Patents Rules, 2003 … he submitted that what should be contained in the specification in an application for patent was stated in section 10 (4) (a to d) of the Act and these requirements included the description of the invention, its operation

Tata Steel Limited and ors. Vs. State of Jharkhand and ors.

Court : Jharkhand

Subject : Sales Tax/VAT

Reported in : [2008(3)JCR365(Jhr)]

2005 (in short 'VAT Act') and subsequent amendments made in the said Act by Jharkhand Value Added Tax (Amendment) Act, 2007 (in short Amendment Act, 2007').6. In the VAT Act, 2005, preamble of the Act reads as under:An … In all these writ petitions, the petitioners have challenged the vires of Section 11 of the Jharkhand Value Added Tax Act, 2005 as ultra vires … in : [2006]283ITR1(SC) . The Constitution Bench has categorically stated that if the Act does not facially or patently indicate that the proceeds of the entry tax are specially earmarked for the benefit and interest of the … the dealer if the value of such goods does not exceed Rs. 10,000 (ten thousand) in a year.(3) The liability to pay tax under this

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)