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Span Diagnostic Vs. Assistant Controller of Patents and Design and anr ...
Delhi
Apr-01-2008
Intellectual Property Rights
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
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 … dates and their impact. Thereafter, I propose to consider the rival submissions. 4. At the outset it may be noted that the appeals were filed
Tag this Judgment! AI Brief & AskJ. Mitra and Co. Pvt. Ltd. Vs. Asst. Controller of Patents and Desig. ...
Supreme Court of India
Aug-21-2008
Intellectual Property Rights
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
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 … confusion with regard to pending FAO No. 293/06 filed by respondent No. 3 in the High Court under Section 116 of the Indian Patents Act, 1970 as amended by the Patents (Amendment) Act, 1999 w.e.f. 26.3.99.5. Span
Tag this Judgment! AI Brief & AskIndian Network for People Living with Hiv/Aids, Rep. by Its President ...
Chennai
Dec-02-2008
Intellectual Property Rights
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
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 … the petitioner organizations are citizens of India.2. F. Hoffmann-La Roche AG, the 4th respondent herein, is a pharmaceutical company registered in Switzerland having its office
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Glaxo Smith Kline Plc and ors. Vs. Controller of Patents and Designs a ...
Supreme Court of India
Sep-10-2008
Intellectual Property Rights
Patents Act, 1970 - Sections 5(2), 11B(3), 24A, 24B, 24B(1) and 78; Patents (Amendment) Act, 2005 - Sections 21 and 78; General Clauses Act, 1897 - Sections 6; Ceylon Interpretation Ordinance, 1900
2009AIRSCW376; AIR2009SC1147; 2008(4)AWC3839(SC); 2008BusLR879(SC); (SCSuppl)2008(4)CHN197; LC2008(3)131; (2009)2MLJ548(SC); 2008(38)PTC1(SC); 2008(12)SCALE284; 2008(6)LHSC4364.
rejected the application filed by the writ petitioners on December 28, 2004. On January 1, 2005 the Patent (Amendment Act), 2005 came into operation by which various amendments to the Act were made and the Chapter IV-A which provided … this appeal. A learned Single Judge had set aside the order dated 28.12.2004 passed by the Controller of Patents and Designs (in short the `Controller') and remanded the matter to him for arriving at a fresh decision … as follows:The writ petitioners filed an application for grant of patent under Section 5(2) of the Patents Act, 1970 (in short the `Act') on 28th … by Free Lanka Insurance Co. Ltd. v. Ranasinghe 1964 (1) All ER 457. In that case the Privy Council had no difficulty in construing the
Tag this Judgment! AI Brief & AskGarware Wall Ropes Ltd. a Company Incorporated Under the Companies Act ...
Mumbai
Dec-18-2008
Intellectual Property Rights
Patents Act, 1970 - Sections 2(1), 6, 8, 10, 11, 11A, 11B, 12, 13, 14, 35 to 42, 47, 47(1), 47(2), 47(3), 47(4), 48, 57, 58, 64, 64(1), 64(3), 99, 100, 100(1), 101(3), 101(5), 103, 107, 156, 177 and 240; Patents and Designs Act, 1911; Patents (Amendment) Act, 2005; Patents (Amendment) Ordinance, 2005; Patents Rules, 2003; General Clauses Act, 1897 - Sections 3(23)
2009(3)BomCR896; 2009(111)BomLR479
force by way of ordinance, namely, Patents (Amendment) Ordinance 2005 dated 26.12.2004 and ultimately was enacted as the Patents Amendment Act, 2005 which has made substantial changes. To the inventor a patent system confers certain definite advantages. The incentive for … and in fact being used for more than two decades ?(2) What is the scope and effect of Section 100 of the Patents Act, 1970 (as amended) and its impact in the present case ?FACTS:4. The appellant
Tag this Judgment! AI Brief & AskBajaj Auto Ltd., State of Maharashtra Rep. by S. Ravikumar Vs. Tvs Mot ...
Chennai
Feb-16-2008
Intellectual Property Rights
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
(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' … 0. A. 1357 of 2007 in C.S. No. 1111 of 2007 has filed an appeal in O.S.A. No. 420 of 2007 against the above said order dated 19.12.2007. The Hon'ble First Bench of this Court by order
Tag this Judgment! AI Brief & AskMariappan Vs. A.R. Safiullah,
Chennai
Jun-30-2008
Intellectual Property Rights
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
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
Tag this Judgment! AI Brief & AskUcb Farchim Sa Vs. Cipla Ltd. and ors.
Delhi
Feb-08-2010
Intellectual Property Rights
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
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
Tag this Judgment! AI Brief & AskF. Hoffmann-la Roche Ltd. and anr. Vs. Cipla Ltd.
Delhi
Apr-24-2009
Intellectual Property Rights
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
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 … of Patents bearing Patent No. 196774 dated 23rd February 2007, the pre-grant opposition was disposed of only on 4th July 2007. Therefore the patent could not have been granted with effect from 23rd February 2007. It was
Tag this Judgment! AI Brief & AskCommissioner of Income Tax, Dehradun and anr. Vs. Enron Oil and Gas In ...
Supreme Court of India
Sep-02-2008
Direct Taxation
Income Tax Act, 1961 - Sections 32, 42, 42(1), 115A and 293A
(2008)218CTR(SC)641; [2008]305ITR75(SC); JT2008(10)SC154; 2008(12)SCALE225; 2008(2)LC1265(SC)
statutory authority remains alive even after repeal of the enactment under which the consideration had been sought. INDIAN PATENT ACT, 1970 Section 5(2) & Patent (Amendment) Act, 2005, Chapter IV-A.: [Arijit Pasayat & Lokeshwar Singh Panta, JJ] … of the enactment under which the consideration had been sought. INDIAN PATENT ACT, 1970 Section 5(2) & Patent (Amendment) Act, 2005, Chapter IV-A.: [Arijit Pasayat & Lokeshwar Singh Panta, JJ] Patent for Exclusive Marketing right - Application for grant … participating interest of 30%. ONGC was entitled to a participating interest of 40%. EOGIL was designated as the Operator under the said PSC.3. Vide Notification
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