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Glaxo Smith Kline Plc and ors. Vs. Controller of Patents and Designs a ...

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : 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

Reported in : 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 … filing of the writ petition were 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 August, 1998. Subsequently, on 30th June, 2000

J. Mitra and Co. Pvt. Ltd. Vs. Asst. Controller of Patents and Desig. ...

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : 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

Reported in : 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

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

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 … the Commissioner of Income - Tax or the Central Board of Revenue, as the case may be, under Section 5 (7A) is not at all discriminatory.From the above extracted portion, it is clear that Article 14 can be

Glaxo Smith Kline Plc and ors. Vs. Controller of Patents and Designs a ...

Court : Kolkata

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 3, 5(2), 11B(3), 24A, 24A(1) and 24A(2); ;Patents (Amendment) Act, 2005 - Sections 21, 78 and 78(5); ;General Clauses Act, 1897 - Section 6

Reported in : 2006(3)CHN577

regard to it.9. It is argured by Counsel for the respondents that in view of provisions of the Patents (Amendment) Act, 2005, Section 78, nothing remains to be decided in the present case. He says that in view of that Section … substances indicated in the fifteen claims mentioned in their application. Such application for patent was made under Section 5(2) of the Patents Act, 1970. During pendency of that application, on August 30, 2000 they submitted an application

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 … 18, Section 19, Section 20, Section 25, Section 27, Section 28, Section 51, Section 54, Section 57, Section 60, Section 61, Section 63, Sub-section (3)

K. Sathya Murthy Vs. the Secretary Ministry for Industry and Commerce ...

Court : Karnataka

Subject : Intellectual Property Rights

Acts : Drugs and Cosmetics Act, 1949 - Sections 5; Patents Act, 1970; Patents (Amendment) Act, 2002; Patents (Amendment) Act, 2005

Reported in : 2007(4)KarLJ686; 2007(4)KCCRSN260; 2007(3)AIRKarR40.

Patent Office, Chennai2. The affidavit inter alia, points out that sweeping changes have been brought about by the Amendment Act of 2005 to the parent Patent Act of 1970 and some major changes such as omission of Section … Act of 2005 to the parent Patent Act of 1970 and some major changes such as omission of Section 5 of the principal Act, having taken place and changed statutory position substantially alters the grounds on which the … and globalisation unless the authorities regulating and enforcing the provisions of the Patents Act, 1970 which came to be amended later, acted with a sense

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)

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 … 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 … to the date of application after they are granted. However, in the case of patent applications filed under Section 5(2) the rights of a patentee accrue only from the date of grant of patent by virtue of the

M/S. Philips Electronics India Limited Vs. M/S. Asian Electronics Limi ...

Court : Intellectual Property Appellate Board IPAB

Subject : Land Acquisition

Matched in: Judge The Honourable Smt. Justice Prabha Sridevan, Chairman &Amp; D.P.S. Parmar, Technical Member (Patents)

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 … perpetual injunction. The appellant also claimed damages in the sum of Rs. 5,00,000/- for the past actions with further prayer for decree for rendition of