Patents Act 1970 39 Of 1970 Section 92 Special Provision For Compulsory Licences On Notifications By Central Government - Judgment Search Results

Hindusthan Lever Limited Vs. Godrej Soaps Limited and Others

Court : Kolkata

Reported in : AIR1996Cal367,(1997)1CALLT123(HC),100CWN562

is now expressly provided in s 13 4 of the patents act 1970 39 mr mukherjee has also submitted that the since then the indian act was substituted by a new act in 1970 it has already been rioted above that exclusive expressly provided in section 13 4 of the act of 1970 63 this dictum of the apex court of our land the abidin daver 1984 1 all er 470 1984 ac 398 logan v bank of scotland 1906 1 kb 141 hansraj it has already been rioted above that exclusive privilege in section 12 1 of the act of 1911 has been changed the injunction matter will come up for hearing as a specially fixed matter on 29th july 1993 21 against that order granted the opportunity for opposition at that stage and the provisions for appeal to the patent appeal tribunal in the person dictionary patent is a document constituting letters patent especially a licence from a government to an individual or organisation conferring for two applications were accepted for grant and the acceptances were notified in the official gazettes the patent application no 275 bom applications were laid upon to public and thus all the information relating to theinventions were made open to the public 4 than one hundred and seventy active patents granted by the government of india under the patents act for inventions in different

Telefonaktiebolaget LM Ericsson (Publ) Vs. Competition Commission of I ...

Court : Delhi

to ericsson it supplied the necessary information pertaining to its patents as well as further information in respect of infringement of not be applied to exercise of rights under the patents act which conferred a monopoly to a patentee for exploitation of introduction of this bill to further amend the patent act 1970 must begin with an acknowledgement of the uniquely constructive debate instantly ceases unless they have animus revertendi 2 bl comm 391 see animals ferae naturae this definition also shows that the held that the allegations satisfied the claim for monopolization under section 2 of the sherman act which required wilful acquisition or provisions of the patents act in particular sections 83 90 92 and 92a to emphasise that the patents act contains provisions held that ordinarily the general law must yield to the special law and the motor vehicles act 1988 being a special had noted that the motor vehicles act 1988 contains specific provisions for adjudicating claims of compensation in respect of motor vehicles has been denied a licence on reasonable terms is a compulsory licence under section 84 of the act on such terms of the competition act would not include negotiation of patent licences and therefore ericsson could not be considered as an enterprise of the act came into force on different dates as notified the first such set of provisions came into force on emergency or in case of public non commercial use the central government if satisfied that it is necessary to grant a the passage of the bill in the upper house the government s sensitivity to all issues and its responsiveness to suggestions

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

Court : Delhi

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

17 10 2006 5 proceedings commenced before the controller of patents in the year 2000 when the respondent sought a patent act as substituted by section 47 of the patents amendment act 2002 was omitted further vide section 61 of the amendment arisen due to the amendments incorporated in the patents act 1970 by the patents amendment act 2002 notified on 25th june against an order passed at the pre grant opposition stage 39 the language of section 117g makes it clear that all the patents act 1970 with effect from 26 3 1999 section 25 of the patents act 1970 as existing in the of section 84 section 85 section 88 section 91 section 92 and section 94 3 every appeal under this section shall at least ten years been an advocate of a proven specialized experience in practicing law relating to patents and designs section patents amendment act 2002 the central government notified the remaining provisions of the amendment act of 2002 to come into force replaced chapter xix was being brought into force 23 2 notifications were published in the official gazette on 2 4 2007 or correction made of issued under this act by the central government or from any act or order of the controller direction made or issued under this act by the central government or from any act or order of the controller for

Super Cassetes Industries Ltd. Vs. Myspace Inc. and Another

Court : Delhi

under the copyright act 1957 14 of 1957 or the patents act 1970 39 of 1970 section 2 w of the through the rival submissions of the parties while testing the acts of the defendants on the threshold principles available under the conferred under the copyright act 1957 or the patent act 1970 thus as per mr sibal the it act may override act 1957 14 of 1957 or the patents act 1970 39 of 1970 section 2 w of the it act defines on business within the local limits of delhi consequently neither section 20 a nor section 20 b cpc applies the plaintiff cannot come in the way of deciding the injunction application 92 on the other hand mr kumar has submitted that the internet and that is the reason it has enacted the special act for ia nos 15781 2008 amp nbsp secondly the said provisions in the present scenario would thus mean adding provisions into the statute when the existing law says otherwise thus by the licensing system whereby the plaintiff gives public performance licences to the parties who in turn give the plaintiff the liable to infringe and more so when the defendants are notified about the plaintiffs several works the said danger of infringement this act and also observes such other guidelines as the central government may prescribe in this behalf 64 4 the use act and also observes such other guidelines as the central government may prescribe in this behalf 64 4 the use of

Danieli a C Officine Maccaniche Spa Vs. Controller of Patents and Desi ...

Court : Kolkata

Reported in : (2000)1CALLT7(HC)

indian patents and designs act 1911 are pending since the patents act 1970 came into force australia having already declared india by sub section 1 of section 133 of the patents act 1970 39 of 1970 the central government hereby declares each date of the application in the convention country 14 the 1970 act came into force on 20th april 1972 on that section 1 of section 133 of the patents act 1970 39 of 1970 the central government hereby declares each of the on that very date a fresh notification was issued under section 133 1 of the 1970 act by the central government would fall within the umbrella of section 162 3 the provisions of the 1970 act have expressly been made applicable to retrospective effect the central government made it clear that the notification declaring the six commonwealth countries is convention countries was issued been notified as convention countries under the 1911 act the central government was careful to issue a fresh notification under section section 133 1 of the 1970 act by the central government declaring the united kingdom new zealand eire ceylon and canada

Modi-Mundipharma Pvt. Ltd. Vs.union of India & Ors.

Court : Delhi

a manufacturer producing a new drug patented under the indian patent act 1970 39 of 1970 product patent and not produced should be mentioned in the nlem in terms of their active moieties without mentioning the salts however in case where the research and development and patented under the indian patent act 1970 39 of 1970 process patent for a period of five in the first schedule and sold under the generic name 39 since doxofylline was held to be included in scheduled bulk so in the present case on a plain reading of section 2 v of the dpco 2013 a formulation of a date of its market approval in india provided that the provision of this paragraph shall apply only when a document showing delivery system which is referred to as cr technology the licence granted to the petitioner for manufacturing drugs also reflects the a price higher than the ceiling price so fixed and notified by the government 19 nlem 2015 has been adopted as drugs from drugs controller general india is produced before the government explanation notwithstanding anything contained in this order for the purpose

Modi-Mundipharma Pvt. Ltd. Vs.union of India & Ors.

Court : Delhi

under the indian patent act 1970 39 of 1970 process patent for a period of five years from the date of substance to which the provisions of the drugs and cosmetics act 1940 23of 1940 do not apply 2 t national list research and development and patented under the indian patent act 1970 39 of 1970 process patent for a period of five and development and patented under the indian patent act 1970 39 of 1970 process patent for a period of five years so in the present case on a plain reading of section 2 v of the dpco w p c 11802 2016 given intent notwithstanding the fact that the legislature named that provision as an explanation legislative to 41 although the true purpose delivery system which is referred to as cr technology the licence granted to the petitioner for manufacturing drugs also reflects the 3 of the essential commodities act 1955 respondent no 1 notified the dpco 2013 on 15 05 2013 this was in the of prices 20 monitoring non scheduled formulations 1 the government shall monitor the maximum retail prices mrp of all the

M/S. Iritech Inc vs.the Controller of Patents

Court : Delhi

which is prescribed by the rules is as under form18the patents act 1970 39 of 1970 the patents rules 2003 request the rules prescribe various forms for different actions under the act and the rules the first schedule read with rule 7 rules is as under form18the patents act 1970 39 of 1970 the patents rules 2003 request express request for examination of by the rules is as under form18the patents act 1970 39 of 1970 the patents rules 2003 request express request for of rs 2 000 for carrying out the correction under section 78 of the act the petitioner also enclosed therewith the of section 44 the controller may in accordance with the provisions of this section correct any clerical error in any patent had properly checked he would have noticed the error and notified the office immediately to avoid such a situation wp c timelines for filing of f 18 this is for your information as to take necessary remedy at your end wp c

Myspace Inc. Vs.super Cassettes Industries Ltd.

Court : Delhi

under the copyright act 1957 14 of 1957 or the patents act 1970 39 of 1970 interestingly the amendment to section 81 which itself provides for an overriding effect of the act reads as follows act to have overriding effect the provisions copyright act 1957 14 of 1957 or the patents act 1970 39 of 1970 interestingly the amendment to section 79 came single judge 10 myspace also moved an application under order 39 rule 4 cpc it argued that the relief sought in digital trade and economy an intermediary is granted certain protections section 79 is neither an enforcement provision nor does it list or define internet intermediaries nor does it lay down any special protection except as provided for under section 52 even under copyright or patent holders in light of the 2008 amended provisions to the it act this is also apparent from the orders scil argued that myspace by using its content without licence or any authority committed infringing activities under section 51 a unlawful act b upon receiving actual knowledge or on being notified by the appropriate government or its agency that any information this act and also observes such other guidelines as the central government may prescribe in this behalf 3 the provisions of a court order or on being notified by the appropriate government however this was in respect of restrictions under article 19

Enercon (India) Limited Vs. Alloys Wobben

Court : Intellectual Property Appellate Board IPAB

miscellaneous petition no 44 2011 and 11 2013 are ordered patents act section 58 step as defined in section 2 ja of the patents act and is liable to be revoked 59 the counsel for 59 and also section 2 ja of the patents act 1970 it may be seen that the difference between the existing not allowable under section 59 of the patents act 1970 39 the other alleged typographical errors are listed in annexure to amend the complete specification in any proceedings before the board section 58 1 is discretionary and the discretion may not be the person skilled in art would not look at it 92 a patent is normally considered through the eyes of a because of the costs of the litigation and the very special nuances of the technology it may very well be that condition in the contract the parliament has specifically introduced this provision in our patents act which is a special enactment as established an industry on the basis of this if the licence has been removed or revoked then the applicant in the that in some prior publication there is to be found information about the alleged invention equal for the purposes of practical