Court : Kolkata
Reported in : AIR1975Cal178
..... in the said opposition the appellants, objected to the grant of patent under section 9(d) of the indian patents and designs act, 1911, on the sole ground that the invention has been publicly used in a part of india or has been made publicly known in any part of ..... 20, an indian company, the respondents herein applied under sections 3 and 4 of the indian patents and designs act, 1911 for a patent of the aforesaid invention, in the office of the patents and designs on or about 16th april, 1969.3. ..... it quite clear that i have come to no finding whether this particular container closure amounts to an invention within the meaning of the indian patents and designs act, 1911, or the patents act, 1970. ..... it was possibly open to the appellants to amend their opposition filed before the deputy controller of patents and designs after the new act of 1970 came into force and include this new ground of opposition but the same was not done and therefore the only ground which was agitated and which could be considered in this ..... by his decision dated the 4th of january 1973 the deputy controller of patents and designs held that prior public knowledge and user in india had not been established by the appellants and as such the opposition to the grant of the patent on the said application was dismissed with ..... from the decision of the deputy controller of patents and designs impugned herein there are observations from which it mav be contended it was also decided that the container with closure was a .....
Tag this Judgment!Court : Delhi
Reported in : 72(1998)DLT1; 1998(44)DRJ667
..... the designs act, 1911 was originally framed as the patents and designs act, 1911. ..... even as per section 43 of the designs act, the registration of a design by the controller can be done on the basis of a person claiming to be the proprietor of any new or original design not previously published in india and in view of the fact that in 1988, 1991 and 1992, the sister concern of the plaintiff-m/s nitin plastics industries has published in the trade journal, would show that the impugned design which was got registered by the plaintiff was published prior to its registration. ..... on the basis of the aforesaid provision in the designs act, learned counsel for the defendant has also argued that when he has filed an appli-cation for cancellation of the registration in favor of the plaintiff's registration of the design, it would be odd that on account of holding of registration of design, the plaintiff has an absolute right to restrain any one from carrying on his business and in support of his submission has cited m/s niky tasha india pvt. ..... more so, he has contended that in view that the damages could be awarded to the plaintiff, in terms of section 53 of the designs act, no injunction ought to have been granted in in favor of the plaintiff. ..... in view of the specific provision under the designs act, the provision of statute must prevail over the general or common law. .....
Tag this Judgment!Court : Delhi
Reported in : 1994IIIAD(Delhi)65; 55(1994)DLT80; 1994(30)DRJ105
..... the design under the designs act, 1911, relates to article covered by the said definition, and as labels are primarily intended to be used as marks', which marks or trade marks are intended to show a connection during the course of trade between the manufacturer and the goods sold, cannot be made subject matter of the design, postulated by section 2(v) of the designs act, 1911. ..... the label cannot be a design also for the reason that in the designs act, 1911, section 2(5) defines 'design' as follows: . ..... being an article, as postulated by the design act, the definition of design given in the designs act, would not apply to the label. ..... in my view the defendant's label has striking similarity with the label of the plaintiff, and it appears to me that unless the defendant and its agents who designed the defendant's label, had the label of glenfiddich bottle label before their eyes, or in their memory, it would not have been possible to prepare the defendant's label of 'single malt' whisky in the way it has ..... , that the provisions of the designs act would apply to this label. ..... is represented on the ture container, and what is to be seen on the label on the bottle, when compared by putting it side by side, appears to me to be the same except that the scroll on the bottle label is differently designed, keeping in view the shape of the bottle lable the scroll on the tube container is different because of the sape'of the tube container. ..... , that the label is an article covered by the designs act. .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)3GLR2635; LC2009(1)168
..... ptc (19) 757, the division bench of the calcutta high court has held that section 53a of the designs act, 1911 categorically provides that during the existence of copy right in any design it shall not be lawful for any person for the purpose of sale to apply or cause to be applied to any article in any class of goods in which the design is registered the design or any fraudulent or obvious imitation thereof, except with the license or written consent of the registered proprietor ..... section 19 of the designs act, 2000 says that; (1) any person interested may present a petition for the cancellation of the registration of a design at any time after the registration of the design, to the controller on any of the following grounds, namely:(a) that the design has been previously registered in india; or (b) that it has been published in india or in any other country prior to the date of registration; or (c) that the design is not a new or original design; or (d) that the design is not registrable under this act; or (e) that it is not ..... the defendant alongwith its affidavit-in-reply has produced list of documents, which inter alia contained copy of petition under section 19 of the designs act, 2000 for cancellation of design, copy of relevant extract regarding diabenese drug of pfizer ltd. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(31)PTC257(Bom)
..... and agents be restrained by a perpetual order and injunction of this hon'ble court from in any manner applying or causing to be applied in relation to wrenches and pliers or any other goods contained in class 01 of the fourth schedule of the designs act, 1911 (now repealed and substituted by the designs act, 2000) and rules thereunder, the designs described in exhibits c and e to the plaint or any other design which is identical to or deceptively similar to or a fraudulent imitation of the plaintiffs registered ..... anywhere in india or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration, or is not significantly distinguishable from known designs or combination of known designs shall not be registered, he submits that section 22 of the act, by virtue of sub-section (3) thereof, provides that in any suit or proceeding for relief under section 22(2), every ground on which registration ..... section 22(3) of the designs act, 2000 expressly provides that in any suit or proceeding relating to a case of piracy of registered design it would be open for a party being sued to avail of all the grounds which are available for cancellation of a registered design. ..... he submits that both articles are not designs as defined in clause (d) of section 2 of designs act, 2000. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1972Cal339
..... this application has been made under section 51-a of the patent and designs act 1911. ..... the said assignment and/or transfer it appears however has not been registered in accordance with the provisions of the patent and designs act and as such this court is unable to take any notice of the said alleged assignment.be that as it mav. ..... in my opinion the entirety of the section 51-a of the patents and designs act would lead to anomalous and absurd result if the word 'or' in between sub-clauses (i), (ii) and (iii) in sub-section (1) in clause (a) of the said section be not read as 'and'. ..... previously the words used in the corresponding section of the invention and designs act of 1888 were 'new and original design' which were substituted by the words 'new or original design' in the said section 43 of the patents and designs act. ..... the said soliciting of custom with regard to the said goods was held to be amounting to the publication of the design of the said goods within the meaning of the said patent and designs act. ..... it is true that either a new or an original design may be registered under section 43 of the act but certificate of registration issued by the controller under section 45(1) of the act is only a prima facie evidence to the said effect. ..... mullick the right of an applicant for cancellation or revocation of a design in a forum under section 51-a of the act has been given in the alternative. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal433,67CWN743
..... the matter arises out of a decision of the controller of patents under the indian patents and designs act, 1911, holding that the respondent arlabs private limited should be granted the licences they seek. ..... the relevant sections of the patents and designs act 1911 (hereinafter referred to as the act) may now be considered.6. ..... in this case the determination by the controller that the respondent was a person interested, that grounds specified in section 22 of the patents and designs act had been made out calling for the exercise of power under section 23 and the determination that a compulsory licence should be granted did not bring the case to an end so far as he was concerned ..... cathro's application reported in (1934) 51 rpc 75 where considering section 27(1) of the united kingdom patents and designs act, 1907 which corresponds to section 22 of the indian act, it had been held that 'a person could be said to be interested for this purpose in respect of the reliefs asked for, particularly, if he is prepared, if he obtains the necessary relief under the section, to take steps to remedy the defect ..... before dealing with the applicability of article 133(1) of the constitution it is necessary to refer in brief to the facts of the case and the provisions of patents and designs act which arose for consideration therein.4. ..... in order to find out whether the matter came up to this court in its normal civil jurisdiction or de hors it we have to examine the provisions of the patents and designs act. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(31)PTC129(Bom)
..... have filed the present petition under section 51a of the indian patent and designs act, 1911 inter alia seeking cancellation of the registered design of the respondent no. 1. ..... which it is here necessary to point out, as well for warning to inventors as for the protection of the public, is this, that if a design, as exhibited in a pattern is filed and registered by an inventor, without any further limitation or description than that which is given by the design itself, it protects the entire thing and the entire thing only, and the protection cannot, at pleasure, be made applicable one day to the entirety and ..... that the petitioners have a full fledged research and development department and in the said department they undertake innovations of different kinds in designing and carry out modification and improvements in the shape and configuration of the various products such as pressure cookers and other utensils.3. ..... case in my view, the points of similarity and the points of difference which have been mentioned above and the examination of the two designs clearly indicate that the features in the shape and configuration of the respondent's articles are substantially same as those of the petitioner.8. ..... accorded statutory recognition by section 1(2) of the present act which lays it down that no design shall be accounted new or original if it differs from a previous design 'only in immaterial details'. ..... previous idea or design, will act as an anticipation of the later design, and will .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2008Jhar32; 2007(2)BLJR2208; [2007(3)JCR374(Jhr)]
..... 449 (del), he submitted that the judgment of metro plastic industries (regd) (supra) has been distinguished, as in the case of metro plastic industries (regd) (supra), the scope of the provisions under the designs act, 1911 were under consideration.6. ..... the trial court rightly did not enter into the grounds taken by the defendants before the controller in the petition filed by the defendant for cancellation of the plaintiff's design and took care of not making even primal facie observations on such grounds as the cases of the parties before the controller, who has exclusive jurisdiction in such matters, may ..... 1 in its petition under section 19 of the designs act, 2000 (for short 'the act') filed before the controller and also the bona fides ..... cases of the parties, the learned district judge prima facie found that the question, whether there is an infringement of design or not, is pending for decision before the competent authority, the controller of designs, who has got jurisdiction alone to cancel or rectify the design duly registered with him. ..... in short is that it got the said design registered on 4.4.2003 and was using the same ..... the parties have filed petitions before the controller for cancellation of registration of the designs registered in favour of the other party. ..... counsel appearing for the plaintiff appellant submitted as follows:the findings of the learned district judge will show that there is deceptive similarity in the design of the plaintiff and the defendant no. 1. .....
Tag this Judgment!