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Sp.Chockalingam Vs. Controller of Patents

Court : Chennai

Subject : Education

that the amendment introduced to Section 126 of the Patents Act, 1970, by Section 67 (a) of the Patents (Amendment) Act, 2005 (Act 15 of 2005) as illegal, unconstitutional, ultra vires and void. For Petitioner : Mr.SP.Chockalingam, party-in-person For Respondents … amendment to Section 126 of the Patents Act, 1970, has curtailed his right to practice, though as per Section 30 of the Advocates Act, he is entitled to practice in all Courts, including the Supreme Court, Tribunals and

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 … that newer versions of the product would be covered in a subsequent report.104. Learned Counsel further submitted that Section 30 of the said Act specifically exempts manufacturing and submission to government authorities from testing and evaluation from anticipation.

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

Novartis Ag Vs. Ranbaxy Laboratories Ltd.

Court : Trademark

Subject : Intellectual Property

Matched in: Judge V Rengasamy, A C Patents, Designs

Novartis Ag Vs. Hetero Drugs Limited

Court : Trademark

Subject : Intellectual Property

Matched in: Judge V Rengasamy, A C Patents, Designs

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 … the petition. It is stated that on 29.10.2007 the Petitioner filed a representation by way of opposition under Section 25(1) of the Patents Act, 1970 r/w Rule 55(1) of the Patents (Amendment) Rules, 2005. The Petitioner requested … addition to intragluteal and slow intravenous route. It is stated that on 30.01.2006, the Respondent No.1 filed an International Application under the Patent Cooperation Treaty

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 … the said tablet, in various pack sizes of 30, 60, 100, 500, 1000. Further, the Defendant claim … 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

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 … had received 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

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 … the Bolar exemption. Furthermore, allowing export under Section 107A of the Act would be in violation of Article 30 of the TRIPS (Annexure14) which allows for exceptions to patent rights so long as the exception is (a)

Asha D/O Bhalchandra Joshi Vs. National Insurance Co. Ltd.

Court : Mumbai

Subject : Motor Vehicles

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(14), 4, 16, 17, 20, 96, 100, 100A, 110 and 115; Workmen's Compensation Act - Sections 23 and 30; Motor Vehicles Act - Sections 110, 140, 163A, 166, 169(2), 173 and 176; Land Acquisition Act - Sections 54; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 4 and 4(1); Companies Act, 1956 - Sections 10F, 12F, 397, 398 and 483; Rajasthan High Court Ordinance, 1949 - Sections 18; Motor Vehicles Rules - Rules 275 and 276; Bombay Public Trusts Act - Sections 72; Letters Patent Act - 30, 70, 72, 72(1) and 108

Reported in : 2009ACJ223; 2008(1)ALLMR745; 2008(2)BomCR76; 2008(1)MhLj724

Section 100-A in the Civil Procedure Code, 1908 substituted by Section 4 of the Code of Civil Procedure (Amendment) Act, 2002 takes away the right of Letters Patent Appeal on and from 1st July, 2002 in respect of … which came to be disposed of by impugned judgment dated 5th August, 2005 whereby the learned single Judge remanded the matter back to the Tribunal, … of the Letters Patent. As such, the resultant judgment delivered by a Single Judge in an appeal under Section 30 of the Act would not be in pursuant to Section 108 of the Act of 1915 as envisaged … the tenability of this intra-Court appeal under Clause 15 of the Letters Patent, we would examine whether such an appeal is tenable, in order to