Advanced Search Results

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 … is that the proceeding under Article 32 cannot be converted into or equated with a declaratory suit under Section 42 of the Specific Relief Act.The Hon'ble Judges of the Supreme Court in that case referred to the earlier

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 … under:Section 1(1)...(2) (ii) (a), and clause (b), of Section 37, Sections 41, 42, 47, 59 to 63 (both inclusive and Section 74 shall come into

Garware Wall Ropes Ltd. a Company Incorporated Under the Companies Act ...

Court : Mumbai

Subject : Intellectual Property Rights

Acts : 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)

Reported in : 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 … the Act. In a similar manner a look at Sections 35 - 42 contained in Chapter VII of the Act will reveal that for the

Ajeet Singh Alias Muraha Son of Vijay Singh Vs. State of Uttar Pradesh ...

Court : Allahabad

Subject : Criminal

Acts : Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(1); Companies Act, 1956 - Sections 630; The Bombay Merged Territories and Areas (Jagir Abolition) Act, 1954; Maharashtra Cooperative Societies Act, 1960; Dowry Prohibition Act; Prevention of Corruption Act; Narcotic Drugs and Psychotropic Substances Act; Indian Penal Code (IPC) - Sections 12B, 34, 323, 395, 406, 408, 409, 465, 468, 471, 498A, 504 and 506; Code of Criminal Procedure (CrPC) - Sections 41, 42, 50, 50A, 54, 57, 154, 154(1), 155, 155(2), 156, 156(1), 157, 157(1), 159, 162, 167, 170, 173, 190, 437(3), 438, 439 and 482; Code of Criminal Procedure (CrPC) (Amendment) Act, 2005; Evidence Act - Sections 27; Constitution of India - Articles 14, 21, 22, 22(1), 32, 141, 143, 226 and 227; Civi

Reported in : 2007CriLJ170

Supreme Court in this case, the provisions of the Code have been amended by Code of Criminal Procedure (Amendment) Act, 2005 by which Section 50A has been inserted. It requires the Police to give information about the arrest of … in certain cases without warrant of arrest. Arrest can also be made in view of the provision of Section 42 of the Code, if the accused does not disclose his identify, i.e. name, parentage and residence etc or … the matter or examine the correctness of allegations unless the allegations are patently absurd and inherently improbable so that no prudent person can ever reach

Telefonaktiebolaget LM Ericsson (Publ) Vs. Competition Commission of I ...

Court : Delhi

Subject : MRTP

The Patents (Amendment) Act, 1999 (17 of 1999); The Patents (Amendment) Act, 2002 (38 of 2002); and The Patents (Amendment) Act, 2005 (15 of 2005). These sets of amendments - apart from seeking to simplify and make the Patents Act … which no patent shall be granted under this Act." The proviso was subsequently deleted by Act 15 of 2005. Section 48 of the Act, as is in force today is worded similar to Article 28 of the TRIPS … of CCI and conduct an investigation into any contravention regarding provisions of the Competition Act. By virtue of Section 42(2) of Competition the Act, the DG has the same powers as conferred upon the CCI under Section 36(2)

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 … invention may qualify as an inventive step, so long as the remaining conditions of the provisions are fulfilled. 42. Section 2(1)(ac) stipulates that an invention [as defined in Section 2(1)(j)] is capable of being made or used

Commissioner of Income Tax, Dehradun and anr. Vs. Enron Oil and Gas In ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32, 42, 42(1), 115A and 293A

Reported in : (2008)218CTR(SC)641; [2008]305ITR75(SC); JT2008(10)SC154; 2008(12)SCALE225; 2008(2)LC1265(SC)

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 … 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 … and cold. Consequently, it was held that just as foreign exchange gain was taxable, loss was allowable under Section 42(1) of Income Tax Act in terms of the PSC. Therefore, CIT(A) allowed as deduction the loss of Rs.

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 … 25 R.P.C. at p.457; and Armstrong Whitworth & Co. v. Hard Castle 42 R.P. 543; Foll.It cannot be too carefully kept in mind in patent

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

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