Advanced Search Results

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 … the relative affordability of the two drugs to the common man; and the decision is reported as (2009) 40 PTC 125 (Del) F Hoffman-La Roche v. Cipla Ltd. 7. On the substantive legal issues, the Division Bench

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 … 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

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

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 … Denning, M.R. in Beecham Group Ltd. v. Bristol Laboratories Ltd. 1967 R.P.C. 406:The evidence here shows that in marking hetacillin in the United States the

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 … 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 … has its principal office at Grenzacherstrasse, 124 CH 4070, Basel Switzerland. The second Plaintiff is a company

Natural Remedies Pvt. Ltd., Bangalore, Rep. by Its Chairman and Managi ...

Court : Karnataka

Subject : Civil

Acts : Code Of Civil Procedure (CPC), 1908 - Order 7 Rule 1; Companies Act, 1956

Reported in : 2012(4)CTC(IP)8; 2012(3)KCCR140(SN)

from 20th April 1998 which was initially valid upto 20th April 2005. However, with the enactment of the Patents (Amendment) Act, 2002 and the framing of the Patent Rules, 2003, the plaintiffs patent bearing No.186857 has been subsequently extended … Section 5 of the 1970 Act was omitted by the Amendment Act, 2005 with effect from 1st January 2005. Section 5 restricted the grant of patents only to methods or process of manufacture. The definition of invention now … (quoted with approval by Fry L.J. in Humpherson v. Syer, (1887-4 RPC 407) by any means whatsoever, no subsequent patent for it can be granted

Natural Remedies Pvt. Ltd., Bangalore, Rep. by Its Chairman and Managi ...

Court : Karnataka

Subject : MRTP

from 20th April 1998 which was initially valid upto 20th April 2005. However, with the enactment of the Patents (Amendment) Act, 2002 and the framing of the Patent Rules, 2003, the plaintiff’s patent bearing No.186857 has been subsequently extended … Section 5 of the 1970 Act was omitted by the Amendment Act, 2005 with effect from 1st January 2005. Section 5 restricted the grant of patents only to methods or process of manufacture. The definition of invention now … entitled to prevent others from performing his invention except by his licence. 40. The object of Patent Law is to encourage scientific research, new technology

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 … statute requires the instant appeals to be transferred to the Appellate Board. 40. Holding that the appeals are maintainable and also holding that under Section

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 … antigens used had been set out therein which is as under:The said antigens can be mixed taking Core: 40-60 nannogramNS3: 100-150 nannogramNS4: 150-200 nannogramNS5: 150-200 nannogram59. Insofar as the contention of defendant no 2 that it is

The Commissioner of Income Tax-Ii vs.mitsubishi Corporation India Pvt. ...

Court : Delhi

Subject : Direct Taxation

Finance Act, 2004, that came into operation with effect from 1st April, 2005, substituted/added sub-clauses (i), (ia) and (ib) to Section 40 (a) of the … fraction of sum as taxable income, but in other cases such as interest, commission, transfer of rights of patents, goodwill or drawings for plant and machinery and such other transactions, it may contain large sum as taxable … purchases made on the ground of non-deduction of TDS was not sustainable. Amendments to the Finance Act, 16. The Herbalife (supra) decision was rendered in … April, 2014, framed the following questions of law. “(i) Whether the ITAT fell into error in holding that Section 40(a)(i) of the Income Tax Act, 1961 ITA No.180/2014 Page 1 of 83 cannot be applied in view of