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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'

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 … court may adopt a construction, if reasonably possible, to cover the case. 34. The instant case highlights a rather grim picture of those in the

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

F. Hoffmann-La Roche Ltd. and Others Vs. Cipla Ltd. and Another

Court : Delhi

Subject : Land Acquisition

to pharmaceuticals. 47. Section 3 is an exclusionary clause'. The present provision was expanded by way of the Patents (Amendment) Act, 2005. Despite the fact that ˜inventionis exhaustively defined, the need for an exclusionary provision obviously arose from the Legislative … discards virtually all US and European precedent cited before him on this issue, cases reported as 1972 RPC 346 Technograph Vs. Mill and Rockley, (1985) RPC 59 Windsurfing International Inc. Vs. Tabur Marine (Great Britain) Ltd., 1972

Glaverbel S.A. Vs. Dave Rose and ors.

Court : Delhi

Subject : CivilIntellectual Property Rights

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 39, Rule 1 and 2; Patents Act, 1970 - Sections 2(1), 8, 12, 13, 13(4), 57, 58, 64, 104A and 107; Patents and Designs Act, 1911 - Sections 26; Patents Act, 2005 - Sections 2(1)

Reported in : 167(2010)DLT6

Shri Jaitley, Learned Senior Counsel relied upon the definition of inventive step under Section 2(1)(ja) of the Patents Act, 2005 which reads as under:Section 2(l)(ja): 'inventive step' means a feature of an invention that involves technical advance as … plaintiffs application was rejected after which it filed an appeal with the Federal Patent Court proposing several new amendments, but this appeal was also rejected. The rejection was explained by reference to various prior art references being … fact. Lord Reid said in Technograph v. Mills & Rockley [1972] R.P.C. 346 at page 355:When dealing with obviousness, unlike novelty, it is permissible to

Zodiac Seats Uk Limited (Formerly Known as Contour Aerospace Limited) ...

Court : UK Supreme Court

Subject : Service Tax

appeal perfectly illustrates the problems arising from the system of parallel jurisdiction for determining the validity of European patents. 4. Part II of the Patents Act 1977 gives effect to the principal provisions of the European Patent … a patent under this Act." Section 77(2)-(4A) deal with the revocation or amendment of a European Patent by the EPO ("EPO"): "77 Effect of European … published on 30 May 2007. The seat, which was designed in about 2005, reclines to provide a flat bed. It is commonly used in long-haul … corresponding rule has applied by statute to foreign judgments since 1982: see Civil Jurisdiction and Judgments Act 1982, section 34. Fourth, there is the principle that even where the cause of action is not the same in the

State of Assam and ors. Vs. Chhotabhai Jethabhai Patel Tobacco Product ...

Court : Guwahati

Subject : Sales Tax/VAT

of Section 3 and by declaring the said notifications as well as the 2005 Ordinance, and the Second Amendment Act, 2005 as ultra vires, unconstitutional and null and void, to the extent the same impose entry tax on the … has placed strong reliance in support of his contention, has in paragraph 34 of SCC (paragraph 31 of STC) observed that Article 301 provides for … trade is having the use of certain facilities for the better conduct of its business and not paying patently much more than what is required for providing the facilities, has been deviated from in Bhagatram's case :

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

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 … do so is a question of fact. Lord Reid said in Technograph v. Mills and Rockley [1972] R.P.C 346 :When dealing with obviousness, unlike novelty, it is permissible to make a 'mosaic'' out of the relevant documents,

Oil And Natural Gas Corporation Ltd Vs. M/s.discovery Enteprises Pvt.l ...

Court : Supreme Court of India

Subject : Land Acquisition

to an inter-connected agreement, executed to achieve a common commercial goal. 18 (2018) 15 SCC67819 Arbitration and Conciliation (Amendment) Act, 2015 (“2015 amendment”) 27 PART C20In Cheran Properties (supra), a three-judge Bench of this Court interpreted and applied … not a party to the above arbitral proceedings which were initiated 10 by JDIL. ONGC instituted petitions under Section 34 of the Act of 1996 for challenging the Arbitral Award in the second proceeding in respect of the … in the case of a domestic award, namely the existence of a patent illegality apparent on the face of the award. Justice R F Nariman, … No.2.3. Ledger account of Respondent No.2 for the financial years 2003-04, 2004-05, 2005-06 and 2006-07.4. Employees salary register of Respondent No.2 for the financial years