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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 … it appears to this Court that it does contemplate multiple challenges to the validity of a patent. Unlike Section 31 of the Trade Marks Act which raises a prima facie presumption of validity, Section 13(4) of the Patents

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 … consideration. The Constitutionality of Madras Act 32/55 was challenged as infringing fundamental rights under Article 19(1)(f) and Article 31(1). The point that appears to have been argued in favour of granting a declaratory decree, as noted therein,

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 … pre-grant objection pursuant to this judgment. Such hearing should be completed by 31st January, 2009.69. While passing the above orders we are constrained to state

Ssangyong Engineering and Construction Co. Ltd Vs. National Highways A ...

Court : Supreme Court of India

Subject : Land Acquisition

this proposition. According to him, therefore, this appeal should be dismissed. 10 Applicability of the Arbitration and Conciliation (Amendment) Act, 2015 10. Since the Section 34 petition in the present case is dated 30.07.2016, an important question as … this New Series, the WPIs for the previous years beginning from April, 2005 were also being published by the Ministry. This being so, as both … thus, resulting in breach of Section 34(2)(a)(iii) of the 1996 Act. Finally, though she argued the ground of patent illegality, this argument was given up when it was pointed out by the Court that this ground, which … applying the said Circular. The Delhi High Court, by its order dated 31.05.2013, restrained the respondent from implementing the said Circular retrospectively.6. Meanwhile, the aforesaid

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 … relatable to a Section which was not even in the statute book? 31. No doubt, the submission made by learned Counsel for the respondent does

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, … raised a very serious objection to 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 find out if the judgment of … Court was considering the following question:5. When this matter reached hearing on 31-1-2002 the following order had been passed by this Court:One of the questions

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 … late as 2002. The said letter conveys the accordance of recognition to the said defendants RandD facility till 31.03.200425. A perusal of the WHO report of July 2001 shows that the said report does contain a disclaimer

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 … adjourned from time to time. The first such order was passed on 31-6-2001.3. it indicates the sorry state of affairs which prevail at the deferent

Ucb Farchim Sa Vs. Cipla Ltd. and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 15, 25(1), 25(2), 25(4), 64, 116, 117A and 117G; Constitution of India - Article 226; Patents (Amendment) Act, 2005; Patents (Amendment) Act, 1999; Patents Rules - Rule 55

Reported in : LC2010(1)278

cases the scheme of the Patents Act, particularly after the amendment to the relevant provisions by way of Patents (Amendment) Act, 2005 (Amendment Act.) as well as the judgment of the Supreme Court in J. Mitra & Company v. Assistant … the application on failure to do so.4. Prior to its amendment in 2005 with effect from 1st January 2005, Section 25(1) of the Patents Act provided that at any time within four months from the date of advertisement … be heard and decided by the High Court. An observation in para 31 of the order that the Appellate Board after 2nd April 2007 is

Yeda Research and Development Company Limited (Appellants) Vs. Rhone-p ...

Court : House of Lords

Subject : Land Acquisition

Court of Appeal decided in Markem Corp v Zipher Ltd [2005] RPC 31 that a person (A) who claims to be entitled to a patent … of the rights of the inventors, is entitled to have the patent transferred into its name. 6. The Patents Act 1977 contains procedural machinery for determining disputes over who is entitled to a patent. Section 8 deals … revocation, for the matter which in the opinion of the Comptroller should be excluded from that specification by amendment under section 75 below; and where such new application is made, it shall be treated as having been