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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

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 … Humer v. New Yash Engineers (1996) 2 Del 791, N.R.D. Corporation of India v. D.C.andG. Mills Co.

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 … Section 60, Section 61, Section 63, Sub-section (3) of Section 69, Section 78, Section 84, Section 86, Section 88(3), Section 89, Section 93, Section 96

Ucb Farchim Sa Vs. Cipla Ltd. and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : 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

Reported in : 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 … immediately challenge the said order. It filed a review petition under Section 77 (f) of the Patents Act. The said review petition was also dismissed

Novartis Ag Vs. Union of India Through the Secretary and Others

Court : Intellectual Property Appellate Board IPAB

Subject : Intellectual Property

filed representations by way of oppositions under section 25(1) of the Patents Act, 1970 as amended by the Patents (Amendment) Act, 2005 (hereinafter referred to as the Act) with request for hearing under rule 55 of the Patents Rules, 2003 … Hetro Drugs Limited, India (hereinafter referred to as R 3, R 4, R 5, R 6 and R 7, respectively) filed representations by way of oppositions under section 25(1) of the Patents Act, 1970 as amended by

Ssangyong Engineering and Construction Co. Ltd Vs. National Highways A ...

Court : Supreme Court of India

Subject : Land Acquisition

this proposition. According to him, therefore, this appeal should be dismissed. 10 Applicability of the Arbitration and Conciliation (Amendment) Act, 2015 10. Since the Section 34 petition in the present case is dated 30.07.2016, an important question as … this New Series, the WPIs for the previous years beginning from April, 2005 were also being published by the Ministry. This being so, as both … Electric Co. [Renusagar Power Co. Ltd. v. General Electric Co., 1994 Supp (1) SCC644, the Supreme Court construed Section 7(1)(b)(ii) of the Foreign Awards (Recognition and Enforcement) Act, 1961: “7. Conditions for enforcement of foreign awards.-(1) A foreign … 34(2)(a)(iii) of the 1996 Act. Finally, though she argued the ground of patent illegality, this argument was given up when it was pointed out by

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 … reiterated even at the international level i.e. TRIPS agreement itself in Article 7 affirms the importance of Patents being a tool for technological dissemination and … By this order I propose to decide the application under Order XXXIX Rule 1 and 2 read with Section 151 CPC.2. Two plaintiffs have filed the present suit against Cipla Ltd. The plaintiff No.1 (the expression includes

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 … reiterated even at the international level i.e. TRIPS agreement itself in Article 7 affirms the importance of Patents being a tool for technological dissemination and … By this order I propose to decide the application under Order XXXIX Rule 1 and 2 read with Section 151 CPC.2. Two plaintiffs have filed the present suit against Cipla Ltd. The plaintiff No.1 (the expression includes

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 … Section 60, Section 61, Section 63, Sub-section (3) of Section 69, Section 78, Section 84, Section 86, Section 88(3), Section 89, Section 93, Section 96

Neon Laboratories Pvt.Ltd. Vs. Troikaa Pharma Limited, and ors.

Court : Mumbai

Subject : Patent

Acts : Patents Act, 1970 - Sections 25(1)(k)(2), 26, 43, 59 ; Patents (Amendment) Rules, 2005 - Rule 55(1)

to the grant of patent. Mr.Grover submits that the Patents Act, 1970 has been extensively amended by the Patents (Amendment) Act, 2005. It is submitted by him that Sections 25 and 26 in the old Act have been substituted and … and examination of the applications. In ChapterIII, Section 6 deals with a person entitled to apply for patent. Section 7 provides for a form of application. Section 8 deals with information and undertaking regarding the foreign applications. Section