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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 … order or direction of the Controller under any of the following provisions, that is to say, Section 15, Section 16, Section 17, Section 18, Section 19, Section 20, Section 25, Section 27, Section 28, Section 51, Section 54,

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 … order or direction of the Controller under any of the following provisions, that is to say, Section 15, Section 16, Section 17, Section 18, Section 19, Section 20, Section 25, Section 27, Section 28, Section 51, Section 54,

Michele Caboni vs.union of India and Anr.

Court : Delhi

Subject : Land Acquisition

person makes a request in the prescribed manner for such examination within the prescribed period; (2) [Omitted by Patents (Amendment) Act, 2005, section 11].. (3) In case of an application in respect of a claim for a patent filed under sub-section … 10 (iv) The request for examination of application as filed according to the 'Explanation' under sub-section (3) of section 16 shall be made within forty-eight months from the date of filing of the application or from the date

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' … patent application titled 'An Improved Internal combustion engine working on four stroke principle' with a priority date of 16th July 2002. The said invention relates to the use of twin spark plugs for efficient combustion of lean

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 … Section 15 confers the power on the Controller to refuse or require the amended applications in certain cases. Section 16 confers a power on the Controller in respect to division of applications. Section 17 confers another power to

K. Sathya Murthy Vs. the Secretary Ministry for Industry and Commerce ...

Court : Karnataka

Subject : Intellectual Property Rights

Acts : Drugs and Cosmetics Act, 1949 - Sections 5; Patents Act, 1970; Patents (Amendment) Act, 2002; Patents (Amendment) Act, 2005

Reported in : 2007(4)KarLJ686; 2007(4)KCCRSN260; 2007(3)AIRKarR40.

Patent Office, Chennai2. The affidavit inter alia, points out that sweeping changes have been brought about by the Amendment Act of 2005 to the parent Patent Act of 1970 and some major changes such as omission of Section … the opening up of the economy and globalisation unless the authorities regulating and enforcing the provisions of the Patents Act, 1970 which came to be amended later, acted with a sense of urgency and efficiency, there will … as was directed to be furnished in terms of the order dated 16-10-2003.Sri Dinesh Kumar submits that the contents of the affidavit shows considerable progress

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)

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 … submitted by the Patent Applicant or their agent to your letter dated 16th November 2006 intimating the Patent Applicant of the representation by way of

Nippon Steel Corporation Vs. Union of India

Court : Delhi

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 11-B (1), (4), 57, 21

considered. It is necessary to examine the scheme of Section 11-B of the Act as amended by the Patents (Amendment) Act 2005 and the corresponding Rule 24-B of the Rules as amended by the Patents (Amendment) Rules 2006 which read … is later;(iv) The request for examination of application as filed according to the Explanation under sub-section (3) of Section 16 shall be made within forty eight months from the date of filing of the application or from the

M/S Duro Felguera s.A Vs. M/S. Gangavaram Port Limited

Court : Supreme Court of India

Subject : Arbitration

for 'international commercial arbitration' under Corporate Guarantee (17.03.2012) executed by the foreign company-Duro Felguera?.13. The Arbitration and Conciliation (Amendment) Act, 2015 (w.e.f. 23.10.2015) has brought in substantial changes in the provisions of the Arbitra- tion and Conciliation Act, … Rani Construction Private Limited, (2002) 2 SCC388 15. However, in the year 2005, a Constitution Bench of Seven Judges in SBP and Co. v. Patel … 1 SCC267 Now all preliminary issues have been left for the arbitral tribunal to decide in terms of Section 16 of the Act.3. The Amending Act has categorically provided in sub-section (6-B) that designation of any person or … institution designated by such Court is final and no appeal including Letters Patent Appeal shall lie against such decision].. *[(8) The Supreme Court or, as