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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 … the validity of Patent No. 196774 on the above ground, it did raise a more than credible challenge. 39. The effect of non-disclosure of the above facts by the plaintiffs in their plaint in the suit will

Mariappan Vs. A.R. Safiullah,

Court : Chennai

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 23 and 53; Patents Act, 1970 - Sections 2, 12, 13(4), 43, 45(1), 48, 53, 104 and 108; Patents and Designs Act, 1911 - Sections 11 and 26(1); Patents (Amendment) Act, 2005; Copyright Act, 1967; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1 and 2

Reported in : 2008(5)CTC97; LC2008(3)431; (2008)6MLJ1117; 2008(38)PTC341(Mad)

for the appellant in O.S.A. No. 283 of 2006 the said decision requires reconsideration in view of the Patents (amendment) Act 2005 under which, major amendments were effected to the Patents Act, 1970. The learned Counsel further invited the attention … The learned senior counsel for the 4th respondent/4th defendant has also drawn the attention of this Court to Section 13(4) of the Patents Act, 1970. The said provision says that the examination and investigations required under Section … Radio Ltd. the judgment of Maclean, J., in his judgment at page 393 of the Record has been extracted, which runs as follows:There must be

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 … designs and trademarks in respect of its products. The plaintiff's application (I.A. No. 11883 of 2006) under Order 39, Rules 1 and 2 and Section 151 of the Civil Procedure Code (hereinafter referred to as the 'said

Mechano Paper Machines Ltd. Vs. Nepc Papers and Boards Ltd. and ors.

Court : Kolkata

Subject : Civil

Acts : Code of Civil Procedure (CPC) (C.P.C) - Sections 39, 38, 60, 42; Companies Act 1956 - Section 617; Constitution of India - Article 225

execution or send the decree for execution to another court. But this conflict was set at rest by Amendment Act 22 of 2002 with effect from 1.7.2002, by adopting the position that if the execution is sought to … has jurisdiction under the Rules framed by this Court under the Letters Patent as well as the Code of Civil Procedure to take step for … of Salem Advocates Bar Association II v. Union of India, reported in 2005(6)SCC344 and Mohit Bhargava v. Bharat Bhushan Bhargava, reported in 2007(4)SCC795. Mr. Mitra, … of this Court. The only question raised by the appellant in this appeal is that in view of Section 39(4) of the Code of Civil Procedure, the learned executing Court acted without jurisdiction inasmuch as, this Court has

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' … is not entitled for the grant of injunction.57. While considering about the grant of interim injunction under Order XXXIX Rule 1 and 2 of Code of Civil Procedure, in the light of the Designs Act, 1911, a

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

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 … Bench in Jindal Stainless (supra) failed to notice the holding at para 39 in Khyerbari Tea Co. v. State of Assam : [1964]5SCR975 , which … the traders as a class and, 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, the court held that the concept … 2001 (hereinafter referred to as 'the AET Act, 2001'), notifications, issued under Section 3(4) thereof, imposing entry tax on goods, such as, biscuits, textiles and

Monsanto Technology Llc and Ors. Vs.nuziveedu Seeds Limited & Ors.

Court : Delhi

Subject : MRTP

claims granted thereby run foul of the provisions of Plant Varieties Act do not impress. Noticeably, by the Patents (Amendment) Act, 2005, the then existing Section 5 of the Patents Act, 1970 concerning "inventions where only methods or processes of … of the defendants that the plaintiffs having terminated the contract, all that they can claim in terms of Section 39 or Section 75 of the Indian Contracts Act is damages or compensation - this aside from the remedy

Novartis Ag and Anr Vs. Cipla Ltd

Court : Delhi

Subject : Education

that patent.97. It is necessary to refer certain provisions of The Patent Act, 1970 as amended by The Patents (Amendment) Act, 2005. The relevant Sections 48, 64, 83, 84, 107 and 108 of the same read as under:“48. Rights of … or caused to be made an application for the grant of a patent outside India in contravention of section 39].; (o) that leave to amend the complete specification under section 57 or section 58 was obtained by fraud.

Hdfc Bank Vs. Chaumkaur Singh and Another

Court : Kolkata

Subject : Civil

Acts : The Arbitration and Conciliation Act 1996 - Sections 9, 34, 2(1)(e), 35, 42; Code of Civil Procedure (CPC) (C.P.C) - Sections 39(4), 51, 38; The Arbitration 1940 - Sections 2(c), 17, 31(4), 20, 11; Constitution of India - Article 227

the 144th  report of the Law Commission that  was the basis for the incorporation of sub-section (4) in Section 39 of the Code  and submit that the amendment is the  legislative assent to the Bombay High  Court view … In  Tata International Ltd, a learned Judge of the Bombay High Court applied  Clause 12 of the Letters Patent in  assessing whether that court had the  jurisdiction to entertain an application for enforcement of a foreign award. … there would be proceedings under Section 9 of  the Arbitration and Conciliation Act, 1996  before this court either before or in  course of the reference