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Officine Lovato S.P.A. Vs. Raajan Automobiles (P) Ltd. and ors.

Court : Chennai

Reported in : 2003(27)PTC343(Mad)

..... 1982 (2) ptc 193, after considering various provisions of the patents and designs act, 1911, a single judge of this court held that once a design was registered, prima facie, it was only the registered proprietor, who could take benefit of the registered design during the period of the validity of the registration. ..... selling or offering for sale or in any manner advertising the same ; (d) directing the defendants to surrender to the plaintiff's the entire stock of the offending auto gas conversion kit bearing the offending patent and design sold under the trade marks 'lovato auto gas' or raajan auto gas or any other mark or marks together with blocks and dyes for destruction ; (e) directing the defendants to render a true and faithful account ..... the plaintiff has secured registration of the design of their product 'lovato electronic lpg pressure reducers and standard lpg pressure reducer' under the designs act in india and the certificates have been issued on ..... , section 54 of the designs act incorporates into the designs act section 106 of the patents act. ..... then was, held thus :-'the question which has been referred to this full bench is : whether or not an injunction can be granted in favour of a registered owner of a design when application under section 51-a of designs act is pending ? 2. ..... section 106 of patents act enables a person to file a suit for a declaration that the threat given by a registered owner of the design is unjustified and to seek an injunction against continuance .....

Power Control and Appliances Co. and Another Vs. Sumeet Machines Pvt. ...

Court : Chennai

Reported in : AIR1993Mad120

..... a1 to a4, the learned senior counsel drew my attention to the registration certificate of the designs under the patents and designs act 1911 issued by the authorities constituted under the act over five designs being adopted and followed by the applicants in producing the power operated sumeet kitchen mixie and other home appliances by the applicants company as well as its other four sister concerns. ..... its business in manufacturing the said mixies by getting the business of the said product well established and having registered the same under the designs act by obtaining the necessary certificates, improved the said designs as the exclusive owner of the said trade mark, 'sumeet' and that in the said sojourn, the proprietrix has innovated lot of methods to be followed by the consumers, who purchased the said mixies, in printing and caused to be ..... therefore, basing on the above-referred case laws and the various provisions of the trade and merchandize marks act, copyright act and the patent and designs act, importing to the facts of the instant case, the learned senior counsel, thiru u.n.r. ..... literature, operating instructions and recipe along with the guarantee card are concerned being followed by the applicant pursuant to the registration of the trade mark under the relevant provisions of the trade and merchandize marks act and the copyright act having evolved a particular design and mode and patent for their product and that upon which the original owner smt .....

Bajaj Auto Ltd., State of Maharashtra Rep. by S. Ravikumar Vs. Tvs Mot ...

Court : Chennai

Reported in : (2008)ILLJ726Mad; LC2008(1)217; 2008(36)PTC417(Mad)

..... considering about the grant of interim injunction under order xxxix rule 1 and 2 of code of civil procedure, in the light of the designs act, 1911, a full bench of the delhi high court in metro plastic industries (regd.) ..... patent. section 12 of the patents and designs act, 1911 sets out that a patent once granted confers on the patentee the exclusive privilege of making, selling and using the invention throughout india and of authorising others ..... 1999 apr 149, wherein the division bench of the calcutta high court while dealing with the designs act has held, comparing the indian and english laws on the subject that section 53 of the designs act gives statutory right to a registered owner to sue for protection of his exclusive right, finally held that even if a registered design is of recent in nature, section 53 of designs act confers a power on the proprietor to restrain others unlike in ..... , the full bench of the delhi high court has not accepted both the above decisions, by harmoniously construing sections 51 and 53 of the designs act, in the following words ..... 1985 del 136, where the division bench held that every ground on which a design may be cancelled under the act should be available by way of defence to a suit for infringement and that on the strength of a recent design, the plaintiff can claim absolute restrain against everyone else from carrying on his business unless and until the plaintiff's design is cancelled in appropriate proceedings by the competent court of law and .....

Mariappan Vs. A.R. Safiullah,

Court : Chennai

Reported in : 2008(5)CTC97; LC2008(3)431; (2008)6MLJ1117; 2008(38)PTC341(Mad)

..... section 12 of the patents and designs act, 1911 sets out that a patent once granted confers on the patentee the exclusive privilege of making, selling and using the invention throughout india and of authorising others ..... . 263 of 2006/4th respondent/4th defendant has submitted that the applicant/plaintiff of course can claim right under designs act for the banana shaped laminated paper and since there is no novelty or invention involved in manufacturing the artificial banana leaf, patent ought not to have been granted ..... by the learned senior counsel that as per section 23 of the designs act, 2000, provisions of patent act pertaining to validity of patents apply to the designs act and consequently the provisions therein had case laws on that subject can be applied to the design registered by the applicant/plaintiff.20. ..... the present dispute is not a novel or patentable invention;(c) the applicant/plaintiff has merely copied prior art;(d) the suit filed is only confined to the patents act and all relief including the relief of passing off is only claimed vis-`-vis, the registered patent;(e) the design of banana leaf registered in favour of the applicant/plaintiff is not a valid one;(f) the validity of new patent granted in favour of the plaintiff/applicant is ..... held in that decision that once an application for cancellation has been made then it would not be open for the court trying the suit under section 53 of the designs act, to turn a blind eye to the pendency of such application .....

A.P.K. Narayanaswami Chettiar Firm, Palipalalam Salem Dt. Vs. V.K. Per ...

Court : Chennai

Reported in : AIR1967Mad243

..... this revision has been preferred against the order of the learned district judge, salem, directing the transfer of a suit on his file to this court, to be tried on the original side, purporting to act under sections 26 and 29 of the indian patents and designs act, 1911. ..... application as it only provides that the provisions of the act with regard to certificates of the validity of a patent, and the remedy in case of groundless threats of legal proceedings by a patentee, that is, sections 32 and 36 of part i relating to patents, shall apply in the case of registered designs in like manner as they apply in the case of patents, with the substitution of references to the copyright in a design for reference to a patent, and of reference to the proprietor of a design for reference to the patentee, and of reference to the ..... in the affidavit, the character and nature of the suit, that is as relating only to a design and covered by part ii of the act, is completely overlooked and the averments proceed as if the suit relates to an infringement of a patent. ..... the cause of action for the suit was imitation of the plaintiff's registered design, the plaintiff claiming that his design has been registered by the government of india under the provisions of the act. ..... it is represented at the bar for the defendant that the defendant has already filed an application for cancellation of registration of the design under section 51-a of the act. .....

V. Manioka thevar Vs. Star Plough Works, Melur

Court : Chennai

Reported in : AIR1965Mad327; (1965)1MLJ406

..... 26 of the patents and designs act, 1911, the court will not interfere by issuing a temporary injunction. ..... 29 of the patents and designs act, against the respondent for a permanent injunction restraining the respondent form manufacturing and selling certain patterns of ploughs on he ground that he respondent's conduct was an infringement of the plaintiff's patent. .....

Urooj Ahmed Vs. Preethi Kitchen Appliances Private Limited

Court : Chennai

..... the above said position, it was contended by the learned counsel appearing for the first respondent that inasmuch as act 27 of 2012 came into effect from 21.06.2012 by way of replacement of designs act, 2000, in the place of designs act, 1911, it cannot be applied to a period before it. ..... therefore, the designs act, 1911 as it was in the statute in the unamended section 15 of the copy right act, 1957, has to be read as designs act, 2000 for the period between ..... air1964sc173 a legal issue is also raised by the learned counsel appearing for the appellant that even though the word designs act, 2000 has been incorporated into section 15 of the copy right act, 1957, with effect from 21.06.2012 by replacing ".designs act, 1911". ..... act 27/2012, the word ".designs act, 1911 ..... of time section 15 only made a reference to the designs act, 1911. ..... conclusion:- even though we do not agree with the findings of the learned single judge, in his attempt to synthesis the designs act, 2000 and the copy right act, 1957 by giving the benefit under section 62 (2) of the later enactment, for the purpose of giving territorial jurisdiction, we find that the order passed does ..... there is, however, a caveat added by the legislature to this, which is, that a copyright in any design which is capable of being registered under the designs act, shall have protection under the copyright act, till such time it is not reproduced more than 50 times by an industrial process by the owner of the copyright or with his licence .....

M.C.Jayasingh Vs. Mishra Dhatu Nigam Limited

Court : Chennai

..... . this case was decided under the patents and designs act of 1911, under which, there were only two requirements namely novelty and utility to constitute an invention ..... 1972. by section 162(1) of the patents act, 1970, the indian patents and designs act, 1911 was repealed only in so far as it related to ..... 2000. the patents and designs act, 1911 was a composite enactment that took care of both patents and ..... pivot pin and the tibial component on weight bearing; (ac) that the cmp-kjp have each been registered under the designs act, 2000; (ad) that the plaintiff and professor mayilvahanan natarajan were jointly assigned design no.191946 dated 24.4.2003 in respect of distal femoral prosthesis, design no.189140 dated 23.5.2002 for proximal tibial prosthesis and design no.204684 dated 07.6.2006 for proximal tibial prosthesis with weight bearing polymer pad mechanism; (ae) that the novelty of ..... vs. nurnberger celluloid waren fabrik [(1910) 27 rpc498, the supreme court pointed out that the object of the designs act was intended to protect designs, which really have some merit by way of novelty or originality and not to give colour to such paltry and trivial ..... patents. consequently, the 1911 act continued to govern the law relating to designs for a period of nearly 89 years, until the advent of the designs act, 2000. ..... co. arose under the 1911 act that was common for both patents and .....

Standard Corporation India Ltd Vs. Tractors and Farm Equipment Ltd

Court : Chennai

..... it had also been stated that, under section 15(2) of the copyright act, 1957, the copyright, in respect of any design, which is capable of being registered under the designs act, 1911, and not so registered shall cease as soon as any article to which it applies has been reproduced more than 50 times, by any ..... (2) of this section deals with a particular design which is capable of being registered under the indian patents and designs act, 1911, but, which has not been so registered. ..... of the term 'design' was narrower and restricted, under the designs act, 1911, as compared to its definition under the designs act, 2000. ..... of the term design is wider in nature, as compared to its definition found under the provisions of the designs act, 1911.21. ..... wherein, it had been held as follows: ".section 15 declares that no copyright shall subsist in any design registered under the indian patents and designs act, 1911. ..... been stated that, in order to avail the statutory protection, the respondent ought to have registered the design in question, under the designs act, 1911. ..... is precisely why the legislature not only limited the protection by mandating that the copyright shall cease under the copyright act in a registered design but in addition, also deprived copyright protection to designs capable of being registered under the designs act, but not so registered, as soon as the concerned design had been applied more than 50 times by industrial process by the owner of the copyright or his licensee. .....

The Pilot Pen Co. (India) Private Ltd., Madras Vs. the Gujarat Industr ...

Court : Chennai

Reported in : AIR1967Mad215

..... 2(5) of the patents and design act, ii of 1911 means only the features of shape, configuration, pattern or ornament applied to any article by any industrial process or means, whether manual mechanical or chemical or chemical separate or combined which in the finished article appeal to and are judged ..... they further contend that the pen clips and the feeder point are not designs' capable of being protected or registered within the meaning of the indian patents and design act, ii of 1911. ..... 101410 dated 28-9-1959 under the indian patents and designs act 1911. ..... , against the several defendants for a permanent injunction restraining them from using the type of clip of fountain pens imitating the plaintiff's design registered under the indian patents and designs act on 28-9-1959 and for accounts of the profits they have made by the sale of their pens with infringing type of clips. ..... judge observed at page 189:'the exclusion from consideration of feature of shape and configuration which are dictated solely by the function which the article to be made in that shape or configuration has to perform was so expressed in the design act 1949, but the language used appears to have been derived from the judgment of lurnmoore j (as he then was) in (1939) 53 r.p.c. ..... (9) what is claimed by the plaintiff is that he has an absolute copy right in the design of the clip having registered the design under act ii of 1911. .....