Judgment Search Results Home > Cases Phrase: patents act 1970 39 of 1970 section 90 terms and conditions of compulsory licences Page 1 of about 282 results (0.316 seconds)

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

Court : Intellectual Property Appellate Board IPAB

..... further, section 92 also gave a power to the central government, in case of an extreme urgency, to grant a compulsory licence at any time after the grant of patent of a drug on such terms and conditions as the controller deemed fit. ..... dated 25.01.2006, refusing to proceed with the application for patent for the reasons specified in the respective orders ..... pharma limited, m/s cipla limited, m/s ranbaxy laboratories limited, india and m/s 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 the patents (amendment) act, 2005 (hereinafter referred to as the act) with request for hearing under rule 55 of the patents rules, 2003 as amended by the patents (amendment) rules, 2006 (hereinafter referred to as the rules) after hearing on different dates, the assistant controller of patents and designs (hereinafter referred to as r8) passed five orders, all .....

Bayer Corporation vs.union of India & Ors

Court : Delhi

..... granted compulsory licence in patent no.215758 under section 84 of the patents act to natco on the terms and conditions contained therein; (iv) that one of the said terms was that the compulsory licence was solely for the purposes of making, using, offering to sell and selling the drug covered by the patent for the purpose of treating hcc and rcc in humans within the territory of india ; (v) that natco was however manufacturing the product covered by the compulsory licence for export outside india; (vi) that the export by natco was contrary to the terms of compulsory licence and ..... justice rajiv sahai endlaw1 the question for adjudication in both the proceedings is, whether the language of section 107a of the patents act, 1970 permits export from india of a patented invention, even if solely for uses reasonably related to the development and submission of information required under any law for the time being in force, in india, or in a country other than india, that regulates the manufacture, construction, use, sale or import of any product.2. w.p. .....

Bayer Intellectual Property Gmbh & Anr vs.alembic Pharmaceuticals Ltd

Court : Delhi

..... granted compulsory licence in patent no.215758 under section 84 of the patents act to natco on the terms and conditions contained therein; (iv) that one of the said terms was that the compulsory licence was solely for the purposes of making, using, offering to sell and selling the drug covered by the patent for the purpose of treating hcc and rcc in humans within the territory of india ; (v) that natco was however manufacturing the product covered by the compulsory licence for export outside india; (vi) that the export by natco was contrary to the terms of compulsory licence and ..... justice rajiv sahai endlaw1 the question for adjudication in both the proceedings is, whether the language of section 107a of the patents act, 1970 permits export from india of a patented invention, even if solely for uses reasonably related to the development and submission of information required under any law for the time being in force, in india, or in a country other than india, that regulates the manufacture, construction, use, sale or import of any product.2. w.p. .....

Cipla Limited vs.novartis Ag & Anr

Court : Delhi

..... it may also be added that section 83 of the patent act, 1970 falls under chapter xvi dealing with the working of patents, compulsory licenses, licenses of right and revocation. ..... secondly, it was submitted that the fao(os)21/2015 page 17 of 27 provisions of section 83 are not in respect of the rights of the patentees, but to the powers to be exercised by the controllers and other authorities as conferred on them by chapter xvi of the said act which relates to working of patents, compulsory licences and revocation. ..... section 85 of the said act also provides that where a compulsory licence had been granted and after two years thereof, if the patent had not been worked in india or did not serve the public interest, the patent could be revoked. ..... in the agreement of technical services dated 28.11.94 there is no mandate for the appellant to provide technical information to the appellant in respect of the manufacture of any other items but the only requirement is that the same can be done if terms and conditions are agreed upon between the parties. ..... those powers, include the grant of compulsory licences under section 84, the revocation of patents by the controller for non-working of the patents after the grant of a compulsory licence under section 85 and other incidental proceedings. .....

Novartis Ag and Anr Vs. Cipla Ltd

Court : Delhi

..... the defendant has apparently raised the defences which are in the nature of pleas and grounds permitted to be raised for seeking compulsory license under chapter xvi of the patents act, 1970 under section 84 of the patents act, 1970. ..... even under the world trade organisation trip agreement, compulsory licences are receognized in order to overcome barriers in accessing affordable medicines and on other ground of nonworkable of suit patent as per conditions prescribed under sections 83 and 84 of the act.100. ..... since the sealing of the patent and the measures already taken by the patentee or any licensee to make full use of the invention; (ii) the ability of the applicant to work the invention to the public advantage; (iii) the capacity of the applicant to undertake the risk in providing capital and working the invention, if the application were granted; (iv) as to whether the applicant has made efforts to obtain a licence from the patentee on reasonable terms and conditions and such efforts have not been ..... marketing expenses in inr thousand nov-dec 2010 4,197 5,396 jan-dec 2011 5,677 20,337 jan-dec 2012 33,649 4,738 jan-dec 2013 32,271 350 jan-sep 2014 23,628 - 4.7 the indian patent application was examined for patentability and statutory compliances in accordance with the provisions of the patents act, 1970 and corresponding patent rules, 2003 by the controller .....

Novartis Ag and Anr Vs. Cipla Ltd

Court : Delhi

..... the defendant has apparently raised the defences which are in the nature of pleas and grounds permitted to be raised for seeking compulsory license under chapter xvi of the patents act, 1970 under section 84 of the patents act, 1970. ..... even under the world trade organisation trip agreement, compulsory licences are receognized in order to overcome barriers in accessing affordable medicines and on other ground of nonworkable of suit patent as per conditions prescribed under sections 83 and 84 of the act.100. ..... since the sealing of the patent and the measures already taken by the patentee or any licensee to make full use of the invention; (ii) the ability of the applicant to work the invention to the public advantage; (iii) the capacity of the applicant to undertake the risk in providing capital and working the invention, if the application were granted; (iv) as to whether the applicant has made efforts to obtain a licence from the patentee on reasonable terms and conditions and such efforts have not been ..... marketing expenses in inr thousand nov-dec 2010 4,197 5,396 jan-dec 2011 5,677 20,337 jan-dec 2012 33,649 4,738 jan-dec 2013 32,271 350 jan-sep 2014 23,628 - 4.7 the indian patent application was examined for patentability and statutory compliances in accordance with the provisions of the patents act, 1970 and corresponding patent rules, 2003 by the controller .....

Telemecanique and Controls (i) Limited Vs. Schneider Electric Industri ...

Court : Delhi

Reported in : 94(2001)DLT865

..... added that section 83 of the patent act, 1970 falls under chapter xvi dealing with the working of patents, compulsory licenses, licenses of right and revocation. ..... the title could not have been passed since the lte had failed to apply within the prescribed period of 6 months from the recordal date of the deed of assignment dated 28.3.94 in terms of section 68 of the patents act, 1970 and rule 73 of the patent rules, 1972 framed there under. ..... for the appellant, contended that the avenue of only claiming change of address was to avoid the rigours of law in terms of other provisions because if the procedure for assignment had been followed the same would have been hit by limitation under section 68 of the patents act read with rules 73 and 74 of the patents rules since no form 16 had been filed. ..... technical services dated 28.11.94 there is no mandate for the appellant to provide technical information to the appellant in respect of the manufacture of any other items but the only requirement is that the same can be done if terms and conditions are agreed upon between the parties. ..... position remains the same under designs act, 2000 in terms of section 2(d). ..... behalf of the appellant in their written statement was that d2 range of products is nothing but an improvement or modification of the d1 range of products and the respondent was bound to give to the appellant improvements and modifications relating to the d1 range of products in terms of the technical services agreement dated 28.11.84. .....

Commissioner of Income Tax 4 Vs. Techno Shares and Stocks Limited and ...

Court : Mumbai

Reported in : 2009(111)BomLR3801; (2009)225CTR(Bom)337; [2009]184TAXMAN103(Bom)

..... similarly, in relation to the intellectual property rights, such as patents and copyrights, the legislature has enacted the patents act, 1970 and copyrights act, 1957 containing licencing provisions. ..... as the expression `licences' in section 32(1)(ii) of the act is preceded by the expressions know-how, patents, copyrights, trade marks and succeeded by the expression `franchises' which are all relatable to intellectual property rights, the question to be considered is, whether the expression `licences' in section 32(1)(ii) of the act is intended to be used widely or restrictively 27. ..... thus, it is submitted by the counsel for the assessees that in any view of the matter, the bse card would be squarely covered under section 32 of the act and therefore, no fault can be found with the orders passed by the tribunal in granting depreciation to the bse cards acquired by the assessees on or after 1/4/1998. ..... if the patent is not worked so as to satisfy the reasonable requirements of the public at a reasonable price, the appropriate authority under the act is empowered to grant compulsory licences to any applicant to work the patent. ..... from the above, it is clear that the expression 'licences' is a very wide term and it would embrace within its sweep not only the permission to use immovable property for lawful purposes but also permission to carry on any trade, business, profession, etc. ..... right to use know-how can be acquired either absolutely or conditionally under a licence. 23. .....

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

Court : Chennai

..... respondent in w.a.no.1369 prayer writ appeals filed under section 15 of letters patents act against the order of this court dated 18.06.2013 in w.p ..... respondent in w.a.no.1358 prayer writ appeal filed under section 15 of letters patents act against the order of this court dated 18.06.2013 in w.p ..... respondents prayer writ appeal filed under section 15 of letters patents act against the order of this court dated 11.08.2011 in w.p ..... respondent prayer writ appeal filed under section 15 of letters patents act against the order of this court dated 26.04.2011 in ..... respondent prayer writ appeal filed under section 15 of letters patents act against the order of this court dated 26.04.2011 in ..... respondents prayer writ appeal filed under section 15 of letters patents act against the order of this court dated 26.04.2011 in w.p ..... respondents prayer writ appeal filed under section 15 of letters patents act against the order of this court dated 16.04.2012 in w.p ..... (iii) even where a scheme is formulated for regularisation with a cut off date (that is a scheme providing that persons who had put in a specified number of years and continuing in employment as on the cut off date), it is not possible to others who were appointed subsequent to the cut-off date, to claim or contend that the scheme should be applied to them by extending the cut-off date or ..... it cannot also be relied on to claim a right to be absorbed in service even though they have never been selected in terms of the relevant recruitment rules. .....

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

Court : Gujarat

Reported in : (2001)3GLR2010

..... 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 court below. ..... 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. 18. ..... in absence of pleadings in the written statement and in absence of a separate counter-claim, it cannot be said that the defendants are coming with the counter-claim as contemplated under section 104 of the patents act or that the suit requires to be transferred therefore. 17. ..... ) has not considered the provisions of section 116 of the patents act, and therefore also, it would not be applicable here. ..... under the circumstances, these terms will have to be attached the same meaning and interpretation as provided in c.p.c. 15. ..... thakore relied on the decision in the case of food corporation of india v, yadav engineer & contractor, air 1982 sc 1302, where, in an arbitration proceeding, it was held that the term 'taking any other steps in the proceedings' appearing in section 34 of the arbitration act, 1940 does not include each and every step. ..... it is contended that, therefore, ultimately, if the suit is allowed, the relief that would be granted would be in these terms. .....