Court : Delhi
Reported in : 149(2008)DLT155; 2008(36)PTC210(Del)
..... the court has discussed the true scope of section 107, 107a and 108 of the patents act and come to the conclusion that there was a fundamental difference between designs act, 1911 and the patents act inasmuch as claims under a patent with an earlier priority date have specific protection against any claim for patent having a later priority date. ..... is the legal effect of the grant of patent in favor of the defendant and how far it can entitle the defendant to continue the manufacture and marking of its product and whether the said product is at all similar in design to the one patented in favor of the plaintiff respondent herein are all questions that would need to be addressed at the trial by the court in the course of and at the conclusion of the trial. ..... whether or not the two designs are similar and if so, whether the grant of a patent in favor of the defendant would entitle it to use the said design for manufacture and marketing of its product are serious questions of fact and law that would require adjudication by the court trying the suit. ..... the plaintiff in the above backdrop alleges that the acts of the defendant are blatantly malafide so as to entitle the plaintiff relief by way of injunction. ..... the defendants acts clearly amount to dishonest adoption of the plaintiff's invention, as demonstrated by their patent claim as well as their product.11. ..... the acts of the defendants are blatantly mala fide. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal69
..... 36 of the indian patents and designs act, 1911, which reads as follows : '36 remedy in case of groundless threats of legal proceedings : where any person claiming to have an interest in a patent by circulars, advertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of ..... my opinion, it is not enough, to say that the patent obtained by a person is not a valid one for the purpose, of filing a suit under section 36 of the indian patent and designs act there must be an unequivocal reply to the threat that there has been no infringement of any patent and the plaint must contain a similar averment. ..... so long as no steps are taken to have it revoked, the patent, on the face of it, is good and, under section 12 of the act, confers on the patentee the exclusive privilege of making, selling and using the invention throughout india and of authorising others to do so. ..... this was not holding out a threat, because the client might not act on the advise of the solicitor. mr. ..... in that case, the solicitor acting for one of the parties wrote a letter to the plaintiffs, earles ..... under the patents act, especially under section 26; various rights have been given to a person who wants to complain of the invalidity of ..... depenning and depenning acting in the interest of the defendant caused a 'caution, notice' to be inserted in the assam tribune and the statesman on the 20th of march, 1960, and the 21st of march, 1960, to the effect that the defendant's .....
Tag this Judgment!Court : Delhi
Reported in : LC2007(3)497; 2008(36)PTC168(Del)
..... the tablet dispensary container of 'sugar free' is stated to have obtained registration under the designs act, 1911. ..... whilst each of the two words in the combination may form part of expressions used in everyday speech to designate the function of babies' nappies, their syntactically unusual juxtaposition is not a familiar expression in the english language, either for designating babies' nappies or for describing their essential characteristics.46. ..... the law on this matter is designed to protect traders against that form of unfair competition which consists in acquiring for oneself, by means of false or misleading devices the benefit of the reputation already achieved by rival traders.15. ..... rights in the expression 'sugar free' against any other person despite its widespread use and thus the present suit is barred due to warranty of statutory notice under section 167 of the gujarat co-operative societies act, 1967.20. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC712; 1986(2)ARBLR19(SC); (1986)3CompLJ66(SC); 1986(1)SCALE74; (1986)1SCC642; [1986]1SCR120; 1986(1)LC304(SC)
..... or publicly used in india or what was published in india before the priority date of the claim (the words 'or elsewhere' are omitted by us as the patents in the present case were granted under the indian patents and designs act, 1911, i.e. ..... it is sufficient to state that the defendant claimed as he was entitled to do under section 107 of the patents act 1970, that the patents were liable to be revoked under section 64(1)(a),(b),(d),(e),(f),(g),(h),(i),(j),(k),(l) and (m) of the patents act. ..... , before the patents act 1970). ..... under section 61(l)(d), a patent may be revoked on the ground that the subject of any claim of the complete specification is not an invention within the meaning of the act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1985P& H43
..... 36 of the patents and designs act, 1911, which, before its repeal by the patents act, 1970 (act 39 of 1970) was, in substance, the same in its content, as s ..... an injunction against the continuance of the threats, and may recover such damages (if any) as he has sustained, unless the first-mentioned person satisfies the court that the trade mark is registered and that the acts in respect of which the proceedings were threatened constitute, or, if done, would constitute, an infringement of the trade mark. ..... (2) the last preceding sub-section does not apply if the registered proprietor of the trade mark or a registered user acting in pursuance of sub-section (1) of s. ..... section 120 of the act reads:-'120 (1) where a person by means of circulars, advertisements or otherwise, threatens person with an action or proceeding for infringement of a trade mark which is registered, or alleged by the first-mentioned person to be registered, or with some other like proceeding, a ..... 120 of the act, and provided for the remedy in case of groundless threats of legal proceedings ..... 120 of the act could not debar the defendants from filing a suit under ..... 120 of the act, the declaration which the plaintiff could obtain was to the effect that the threats were unjustifiable ..... of the trade and merchandise marks act, (hereinafter called the act). ..... 60 of the copyright act, but now, it is the common case of the parties that such a suit was contemplated only under s ..... 29 of the act because their trade mark is a registered .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC2227
..... and designs act, 1911, and now the patent act ..... a monograph in a pharmacopoeia, formulary or other publications notified in this behalf by the central government in the official gazette, or which is a brand name, that is a name or a registered trade mark under the trade and merchandise marks act, 1958 (43 of 1958), or any other mark such as a symbol, monogram, label, signature or invented words or any writing which is used in relation to that medicinal, preparation for the purpose of indicating or so as to indicate ..... for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right as proprietor to use the mark; and(ii) in relation to the other provisions of this act, a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as ..... ordinary alcoholic beverage, is treated as falling under item 1 there would be no ayurvedic medicine which would factually fall under item 3 of the schedule and that the explanation newly introduced by the finance act, 1962 could not add to, amend or alter or vary the classification of the goods existing prior thereto as covered by the various items of the said schedule; nor could it otherwise nullify or ..... design under the acts for the registration or patenting of trade mark or design is called a proprietor of the trade mark or .....
Tag this Judgment!Court : Delhi
Reported in : 167(2010)DLT6
..... its validity has not been established in a judicial proceeding till then, and if it is endeavoured to be shown that he patent ought not to have been granted under the provisions of section 26 of the patents and designs act, 1911, the court will not interfere by issuing a temporary injunction.the argument as regards non-grant of interim injunction in a case where the validity of the patent - especially a 'new' patent not in use commercially - is assailed ..... the invention would become obvious to the person skilled in the article in order to substantiate this argument, shri jaitley, learned senior counsel relied upon the definition of inventive step under section 2(1)(ja) of the patents act, 2005 which reads as under:section 2(l)(ja): 'inventive step' means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention ..... on the law of patents, sixteen edition which reads as under:infringement not novel' (gillette defence)8-75 since no relief could be obtained in respect of an invalid patent, if the defendant could prove that the act complained of was merely what was disclosed in a publication which could be relied on against the validity of the patent, without any substantial or patentable variation having been made, he had a good defence. ..... to discharge the onus of proof as envisaged under section 104a of the act while contending the difference in the competing inventions.d) fourthly, mr. .....
Tag this Judgment!Court : Delhi
Reported in : 2007(35)PTC652(Del)
..... case arose under the designs act, 1911 and the plaintiff claimed registration of its design. ..... for all the foregoing reasons, i am of the view that the present application deserves to be granted.accordingly, the defendant/its proprietor/partners/servants, agents, stockists, assigns and representatives and all others acting for and on its behalf are restrained from manufacturing, selling, offering for sale, advertising directly and indirectly dealing in goods bearing the trade mark 'hyundai' as and/or any other trademark, as may be ..... it is thereforee trite that while considering whether the jurisdiction lies with a court, the cause of action arising even under the trade and merchandise marks act is fully governed by the provisions of the code of civil procedure on the basis of which the cause of action, either wholly or in part should arise in the place where the plaintiffs reside or, to entertain a suit the ..... furthermore the division bench of this court in its pronouncement in dhodha house (supra) has held that section 34 of the trademarks act provides an additional forum, over and above the forum, provided by the provisions of section 20 of the code of civil procedure ..... for the purpose of attracting the jurisdiction of a court in terms of sub-section (2) of section 62 of the 1957 act, the conditions precedent specified therein must be fulfillled, the requisites thereforee are that the plaintiff must actually and voluntarily reside to carry on business or personally work for .....
Tag this Judgment!Court : Delhi
Reported in : LC2009(2)229; 2009(40)PTC519(Del)
..... the rationale and philosophy underlying the design protection under the designs act, 1911 and its successor designs act, 2000 has remained the same and is evident from the following ..... the statement of objects and reasons of the designs act, 2000 reads as follows: since the enactment of the designs act, 1911 considerable progress has been made in the field of science and ..... the relevant stage of time, it was the designs act of 1911 which was in operation since the designs act, 2000 came into force only in may, 2001 ..... the scheme of the designs act of 1911 is the same and except the amendment in section 2 (d) of the designs act, 2000 which excludes artistic work defined under section 2(c) of the copyright act, 1957, the object was evident and was to prevent a very long-term or perennial monopoly of a person who was commercially exploiting something and yet enjoying long periods of copyright ..... idea of applicability of work/painting/drawing to an article is central to the concept of design and for this purpose the learned counsel relied upon the definition of = design' under section 2(5) of the designs act, 1911 and section 2(d) of the designs act, 2000. ..... (3) copyright in any design, which is capable of beingregistered under the designs act, 1911 (2 of 1911), but which has not been soregistered, shall cease as soon as any article to which the design has beenapplied has been reproduced more than fifty times by an industrial process bythe owner of the copyright or, with his licence, by any .....
Tag this Judgment!Court : Mumbai
Reported in : (1958)60BOMLR397
..... in the evidence that was led before me it came out that the respondents' design had been published in india prior to the application for registration of that design under the patents and designs act, 1911, with the result that there is no dispute now between the parties that the design was published in india prior to the application for its registration. ..... when one turns to the provisions of the patents and designs act, 1911, as originally enacted, one finds that section 64 of the act contains the words 'a high court' and not 'the high court'. ..... the two points on which the matter was canvassed before me were (1) that the court had no jurisdiction to entertain the petition and (2) that the design in question was not a design within the meaning of the patents and designs act, 1911, or in any event, was not a new or original design.4. ..... section 26(1) of the indian patents and designs act, 1911, refers to the question of the revocation of a patent. ..... in my view, what is termed as a 'design' by the respondents is not really a design within the meaning of the patents and designs act, 1911. ..... in my view, that which is registered as a design is not in reality a design within the meaning of the definition as given in section 2(5) of the indian patents and designs act, 1911.7. ..... the petitioner has filed this petition under the provisions of section 51a of the patents and designs act, 1911, for an order that the registration of the respondents 'sanyasi' design bearing no. .....
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