Judgment Search Results Home > Cases Phrase: patents act 1970 39 of 1970 section 40 liability for contravention of section 35 or section39 Page 1 of about 70 results (0.081 seconds)

Prayag Chand Agarwal Vs. M/S Mayur Plastics Industries

Court : Delhi

Reported in : 72(1998)DLT1; 1998(44)DRJ667

..... the liability for contravention is given in sub-section (2)(a) and (b) of section 53 which is as under :53. ..... the act and substantial portions of the body of the statute were amended after the enactment of the patents act, 1970. ..... (2) if any person acts in contravention of this section, he shall be liable for every contravention - (a) to pay to the registered proprietor of the design a sum not exceeding five hundred rupees recoverable as a contract debt, or. ..... 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. ..... 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 ..... the designs act, 1911 was originally framed as the patents and designs act, 1911. ..... (supra) as under :-under section 47(1) of the act the registered proprietor of the design has a copyright in the design which means that it has the exclusive right to apply the design to any article in the class only the design is registered. .....

Monsanto Technology Llc and Ors. Vs.nuziveedu Seeds Limited & Ors.

Court : Delhi

..... the cs (comm) 132/2016 page 53 of 96 validity of the suit patent under the patents act, 1970, arguing that such grant is in contravention of various provisions of the said law referring to section 3(f), 3(h) and (j), section 8, section 10 (4) and section 59 (1), submitting that impugned acts on the part of defendants are protected by the provisions of the protection of plant varieties and farmers rights act, 2001 ( plant varieties act , for short), the said law by virtue of section 92, overriding the patents act, 1970, it affording a right , under section 30, to the use of any variety (of plant grouping) by any person ..... and article l1.02; (e) liabilities for unfulfilled obligations or breach of contract that arose prior to the date of termination; and (f) payment obligations that arose as a result of activities prior to termination; (g) the export regulations provision of article 10.01; and (h) any other provisions which by their ..... . the defendants shall be obliged to maintain and render accounts - including of month-wise sales, for each quarter of every financial year for which this order ordains, with further liability to place on record of the court duly-audited accounts within two months of the close of each financial year, making available copies thereof to the plaintiffs; (8) .....

M.C.Jayasingh Vs. Mishra Dhatu Nigam Limited

Court : Chennai

..... . the patents act, 1970, lists out (i) the rights of patentees under section 48; (ii) the power of court to make a declaration as to non-infringement under section 105; (iii) the power of court to grant relief in cases of groundless threats of infringement proceedings under section 106; (iv) defences in suits for infringement under section 107; (v) acts which do not constitute infringement under section 107-a; (vi) reliefs in suits for infringement under section 108; and (vii) restriction on power of court to grant damages or accounts of profit for infringement ..... secretly used in india, otherwise than as mentioned in sub-section (3), before the priority date of the claim; (m) that the applicant for the patent has failed to disclose to the controller the information required by section 8 or has furnished information which in any material particular was false to his knowledge; (n) that the applicant contravened any direction for secrecy passed under section 35 or made or caused to be made an application for the grant of a patent outside india in contravention of section 39; (o) that leave to amend the complete specification under ..... . section 22(2)(a) merely prescribes the liability of a person acting in contravention of section 22(1), to pay to the registered proprietor of a design, a sum not exceeding rs.25,000/-, recoverable as a ".contract debt". .....

1.The State of Tamil Nadu Vs. 1.M.Seeniammal

Court : Chennai

..... in w.a.no.1369 prayer writ appeals filed under section 15 of letters patents act against the order of this court dated 18.06. ..... (iv) in cases, where relaxation of rules are involved, monetary benefit shall be allowed with effect from the date of issue of orders as per rule 23(a)(ii) of the general rules for tamil nadu state and subordinate services; (v) in cases where relaxation of rules are not involved, monetary benefit shall be allowed with effect from the date of regularisation; (vi) the part-time ..... departments are directed to ensure that all the above said instructions are followed without fail and lapses if any found, responsibility will be fixed against them; (ix) all the proposals for regularisation of the services of full time daily wage employees should be sent to the government even in cases where relaxation of rules are not involved.". ..... respondents common prayer contempt petitions filed under section 11 of contempt of courts act 1971 to issue summons/notice to the respondents and punish the respondents for the wilful deliberate disobedience of the order passed by ..... respondents contempt petition filed under section 11 of contempt of courts act 1971 to issue summons/notice to the respondents and punish the respondents for the wilful deliberate disobedience of the order passed ..... the view of the high court is obviously illegal and the judgment rendered would not form the ground for our holding that the others who got the benefit by illegal orders will be extended in favour of .....

Rajeev Indravadan Modi and ors. Vs. Instance Laboratories Pvt. Ltd. an ...

Court : Gujarat

Reported in : (2001)3GLR2010

..... section 104 of the patents act provides that no suit for declaration under section 105 or for any relief under section 106 for the infringement of patent shall be instituted in any court inferior to a district court having jurisdiction to try ..... according to the plaintiffs, it was a counter-claim for revocation, and therefore, by virtue of proviso to section 104 of the patents act read with section 64 of the said act, the suit was required to be transferred to the high court by the ..... to the contentions raised before this court, the court is required to mainly address the question whether in a suit for infringement of patent, when only an affidavit-in-reply to interim injunction application is filed indicating intention on part of the defendants to take steps for revocation of patent granted to the plaintiffs, can it be said that it is a counter-claim as contemplated under section 104 of the patents act? ..... in anticipation of an action, such provision cannot be brought into play, since proviso to section 104 of patents act only contemplates a 'counter-claim' and not intention to prefer a counter-claim or a proposed or anticipated counter-claim ..... the contention regarding the transfer of suit under the proviso to section 104 of the patents act under which the application was tendered before trial court cannot be ..... per section 116 of the act providing for appeals, the appeal lies with the high court against the order granting patent that may be passed by the controller of patents. .....

India Nippon Electricals Limited Vs. Bajaj Auto Limited and Another

Court : Intellectual Property Appellate Board IPAB

..... there is an opposition procedure prior to the grant of patent, these opposition proceedings are not to be treated as coming under the category of pre-grant opposition by way of third party intervention opposition as provided under section 25(1) of the act, as amended by the patents (amendments) act, 2005, to be finally regarded as non appealable proceeding for the party who is aggrieved, when the hearing in respect ofopposition proceedings have been conducted and finalised after the patents act, 1970 as amended by the patents (amendments) act, 2005 came into force. ..... here, in the instant case, which is before us for deciding the maintainability, is a case of a party aggrieved in the pre-grant opposition prior to the grant of patent under section 25(1) of the patents act, 1970 (as amended by the patents (amendment) act, 2002). ..... tulloch's case the apex court aptly observed that every later enactment which supersedes an earlier one or puts an end to an earlier state of the law is presumed to intend the continuance of rights accrued and liabilities incurred under the superseded enactment unless there were sufficient indications - express or implied - in the later enactment designed to completely obliterate the earlier state of the law. 12. ..... the state of bombay, (1951) scr 228, that the court was concerned with the legality of the prosecution of the appellant for contravention of the indian press (emergency powers) act, 1931. .....

Ucb Farchim Sa Vs. Cipla Ltd. and ors.

Court : Delhi

Reported in : LC2010(1)278

..... rejecting a pre-grant opposition filed under section 25(1) of the patents act, 1970 (patents act.).2. ..... view of this court where the grant of patent is refused by the controller after accepting a pre-grant opposition under section 25(1) of the patents act, the applicant for a patent will have a remedy by way of an appeal to the ipab under section 117a of the patents act. ..... it may be noticed that the application for revocation of a patent in terms of section 64 of the patents act can also to be filed only by ..... section 15 of the patents act states that where the controller is satisfied that the application for grant of patent, or any specification or any other document filed in pursuance thereof, does not comply with the requirement of the patents act or the rules, the controller may refuse the application or may require the application, specification or other documents, as the case may be, to be amended to the satisfaction before he proceeds with the application or refuse the application on ..... therefore where a pre-grant opposition under section 25(1) is filed by a person who is a third party and not a person interested in the sense of the term under section 25(2) or section 64 of the patents act, and such pre-grant opposition is rejected by the controller, it would be for this court when approached by such third party pre-grant opposer under article 226 of the constitution to determine if in the facts and circumstances, the petition requires to be entertained.pre-grant opposition is .....

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

Court : Kolkata

Reported in : 2006(3)CHN577

..... of provisions in section 24a of the patents act, 1970, the controller sent the application for patent to an examiner for making report to him whether the inventions were not inventions within the meaning of the patents act, 1970, section 3. ..... petitioners are aggrieved by the decision of the assistant controller of patents and designs dated december 28, 2004 rejecting their application for exclusive marketing right under provisions of the patents act, 1970, section 24a.2. ..... counsel for the respondents argues that provisions in sub-section (2) of section 24a of the patents act, 1970 empowered the controller to ignore the report of the examiner and decide the application on the basis of result of his own investigation.8.i am afraid such contention, if accepted, is bound to defeat the legislative mandate given by sub-section (1) of section 24a of the patents act, 1970 that cast on the controller an unqualified obligation to obtain a report from the examiner for the purpose of giving final decision in an application for grant of ..... in view of that section 78 application of the petitioners, if is directed to be decided afresh, can be decided only for the limited purpose of examination for grant of patent under section 11b(3) of the patents act, 1970.10. ..... for patent was made under section 5(2) of the patents act, 1970 ..... counsel for the petitioners argues that in view of provisions in section 24a of the patents act, 1970 the controller was under an unqualified obligation to consider the report .....

Span Diagnostic Vs. Assistant Controller of Patents and Design and anr ...

Court : Delhi

Reported in : LC2009(1)22; 2008(37)PTC56(Del)

..... 15. if the patent act, 1970 as amended from time to time and as in force as of 20.5.2003 had to be considered pertaining to a challenge to a patent the legal position would that under section 25 only one right to oppose a patent at the pre-grant stage was available and appeal against an order passed by the controller of patents was available before the high court under section 116 of the patents act for the reason by not bringing into force section 47 of the amendment act, 2002, chapter xix as existing in the ..... :s.o. 514(e)-in exercise of the powers conferred by section 117g of the patents act, 1970 (39 of 1970), the central government hereby appoints the 2nd day of april, 2007 as the date on which all cases of appeals against any order or decision of the controller and all cases pertaining to revocation of patent other than on a counter-claim in a suit for infringement and rectification of register pending before any high court, shall transferred to ..... i.e. the patents act, 1970 as amended vide amendment act of 1999 continued to be operative notwithstanding the enactment of the patent amendment act, 2002 and the patent amendment act, 2005 since section 47 of the amendment act of 2002 which replaced chapter xix was ..... , learned counsel for the respondent urged that the tribunals can hear an appeal only against orders passed under sub-section 4 of section 25 of the patent amendment act, 1970 as amended by the patent amendment act of 2002 read with the patent amendment act, .....

Nuziveedu Seeds Ltd. And Ors. Vs.monsanto Technology Llc and Ors.

Court : Delhi

..... nuziveedu appeals the rejection of its application, which urged rejection of monsanto s patent (indian patent no.214436, covering an invention titled methods for transforming plants to express bacillus thuringiensis deltaendotoxins - hereafter called the subject patent ) cannot be sustained as it is an excluded subject matter, by section 3 (j) the patents act, 1970 (hereafter, the 1 bt. ..... . monsanto claimed to be the lawful owner and the patentee of the said patent and claims entitlement to rights granted under section 48 of the patents act, 1970.nuziveedu, on the other hand, refutes that the suit claim, for enforcement of patents is liable to be rejected as the subject patent is solely concerning an unpatentable matter (by reason of section 3 (j)) ..... . thus, the exclusion of transgenic plants and seeds propagated after hybridization from patentability under section 3(j) of the patents act, 1970, is congruent with the amendment of article 53(b) of the epc, wherein, patents cannot be granted in respect of plants or animals exclusively obtained by means of essentially biological process ..... . the defendants shall be obliged to maintain and render accounts - including of month-wise sales, for each quarter of every financial year for which this order ordains, with further liability to place on record of the court duly-audited accounts within two months of the close of each financial year, making available copies thereof to monsanto; (8) .....