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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 … expert technically qualified as examiner under Section 12, the consideration of the examiner's report by the Controller under Section 14, the disposal of the pre-grant opposition to the plaintiff's application for grant of patent by any person in

Indian Network for People Living with Hiv/Aids, Rep. by Its President ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Tamil Nadu Societies Registration Act, 1975; Patents Act, 1970 - Sections 2(C), 25, 25(1), 25(2), 64, 77 and 159; Patents Rules, 2003 - Rule 2, 55, 55(1) to (6), 55A; Land Acquisition Act - Sections 4(1) and 6(2); Patents (Amendment) Act, 2005; Bengal Money Lenders Act - Sections 35; Motor Vehicles Act - Sections 89; Tamil Nadu Shops and Establishments Act, 1947 - Sections 41(2); Code of Civil Procedure (CPC) , 1908 - Order 21, Rules 66 and 90; Constitution of India - Articles 14, 21 and 226

Reported in : 2009BusLR478; 2009(1)CTC32; LC2009(2)36

to as the 'said Act). In the said application it was contended by the petitioners that the Indian Patents (Amendment) Act, 2005 was passed to make the said Act compliant with the obligations under TRIPS. TRIPS, signed in 1995, required … representation by way of opposition at a pre-grant stage to the Patent Application of the 4th respondent under Section 25(1) of the Patents Act, 1970 (herein after referred to as the 'said Act). In the said application … representation in such manner and within such period as may be prescribed. 14. Here the expression 'manner as prescribed' has been explained under Section 2(u)(C)

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 … into the claim for the patent and preparation of report by him upon his investigation and submission thereof. Section 14 of the Act provides for consideration of such reports of examiner by the controller. Upon consideration of the

Glochem Industries Ltd. Represented by Its Power of Attorney Holder Vs ...

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Patent Act, 1970 - Sections 3, 25(1), 25(2), 64, 77, 79 and 104; Patents (Amendment) Act, 2005; Constitution of India - Articles 14 and 226

Reported in : 2010(112)BomLR269; LC2010(1)13

the problem considered was about the confusion arising on account of the postponement of in-part commencement of the Patents (Amendment) Act, 2005, in particular with regard to the remedy of appeal against an order rejecting the pre-grant opposition. Indeed, the … were well known. Accordingly, the Petitioners filed a representation by way of opposition on 10/7/2008 in terms of Section 25(1) of the Patent Act 1970 (hereinafter referred to as the Act)raising diverse issues.4. Respondent No. 1 filed … of solvated (toluene and diozane) and Crystalline Clopidogrel besylate (Enclosures 13 & 14).The stability study data for the Clopidogrel bisulphate salt reveals that there is

J. Mitra and Co. Pvt. Ltd. Vs. Kesar Medicaments and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1 and 2; Patents Rules, 2003 - Rule 55; Patents Act, 1970 - Sections 2, 3, 11, 12, 13, 13(4), 14, 18, 25, 25(1), 25(4), 30, 64, 107, 117A and 117A(2); Patents Amendment Act, 2005

Reported in : 148(2008)DLT198; 2008(102)DRJ106; LC2008(2)1; 2008(36)PTC568(Del)

the said Act, it may be noticed that prior to the amendment of the said Act vide the Patents Amendment Act, 2005, to the provisions inter alias of Section 117A(2), which came into force from 2.04.2007, appeal could be brought … provisions of Sections 11-13 of the said Act to highlight the process of scrutiny of patent application and Section 14 in respect of the consideration of the report by the patent controller. Further Rule 55 of the Patents

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

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 … confusion with regard to pending FAO No. 293/06 filed by respondent No. 3 in the High Court under Section 116 of the Indian Patents Act, 1970 as amended by the Patents (Amendment) Act, 1999 w.e.f. 26.3.99.5. Span … range of ready- made diagnostic reagents made by clinical pathology laboratories. On 14.6.2000 J.Mitra & Company Pvt. Ltd., appellant herein, filed its application for grant

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)

establish its case. In this context, 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 courts ' one of caution, ungrounded … 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 … three levels; first, under Sections 11A, 12 and 14, then at the stage of pre-grant opposition under … 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 … name of the first Plaintiff. It is alleged that on 8.1.2001, under Section 68 of the Act, 1970 the Plaintiffs had entered into a Development

Novartis AG represented by It's Power of Attorney Ranjna Mehta Dutt Vs ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Constitution of India - Articles 14, 19, 19(1), 20(3), 31(1), 32 and 226; Patents Act, 1970 - Sections 3, 5(7A) and 8; Patents (Amendment) Act, 2005 - Sections 3; Employment Protection (Consolidation) Act, 1978; Specific Relief Act - Sections 42

Reported in : (2007)4MLJ1153

known process results in a new product or employs atleast one new reactant.Section 3(d) as amended by the Patents (Amendment) Act, 2005 with effect from 01.01.2005: The mere discovery of a new form of a known substance which does not … validity of section 3(d) alone is in challenge, both on the ground that it violates not only Article 14 of the Constitution of India but also on the ground that it is not in compliance to 'TRIPS'.

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)

itc Ltd. Vs. State of Assam and ors.

Court : Guwahati

Subject : Sales Tax

Tax (Amendment) Ordinance, 2005 (hereinafter referred to as 'the AET (Amendment) Ordinance, 2005') or the Assam Entry Tax (Amendment) Act 2005 (hereinafter referred to as 'the AET (Amendment) Act, 2005') are compensatory in nature? What is the difference between … the goods, which have been declared as goods of special importance in the inter-State trade and commerce under Section 14 of the said Act? Is the levy of entry tax under the impugned Act, in violation of the … at the same time, does not require the traders not to pay patently much more than what is required for providing such facilities to them,