Judgment Search Results Home > Cases Phrase: patents amendment act 2002 section 43 insertion of new section 104a Court: supreme court of india Page 1 of about 206 results (2.018 seconds)

J. Mitra and Co. Pvt. Ltd. Vs. Asst. Controller of Patents and Desig. ...

Court : Supreme Court of India

Reported in : 2009(1)AWC366(SC); LC2008(3)31; 2008(38)PTC6(SC); 2008(11)SCALE524; (2008)10SCC368

..... .16. on 19.10.2006 when fao no. 293/06 was filed in the high court, chapter xix of the parent act as amended vide patents (amendment) act, 1999 continued to be in operation notwithstanding the enactment of the patents (amendment) act, 2002 and the patents (amendment) act, 2005 as the amended sections 116 and 117a were brought into force only vide notification dated 2.4.07. one more point needs to be ..... sections 116 and 117a suggested by section 47 of the patents (amendment) act, 2002, on 4.4.2005 the legislature enacted the patents (amendment) act, 2005. even here, not all provisions were simultaneously brought into force. only certain sections of the patents (amendment) act, 2005 were brought into force.13. vide section 23 of the patents (amendment) act, 2005, the then existing section 25 was substituted. the substituted section 25 reads as under .....

Natco Pharma Limited Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

..... and without making our order a precedent for future cases, we called for a panel/list of controllers duly qualified under section 116 of the patents act, as amended by the patents (amendment) act, 2006.6. from that list submitted to us, we have opted for the name of dr. p.c. chakraborti, deputy controller of ..... patents & designs, who holds post- graduate degree of m.sc. (chemistry) as well as ph.d.7. we, accordingly, direct that all preliminaries will be completed ..... account of absence of technical member in the intellectual property appellant board (ipab) constituted under the provisions of section 116 of the patents act, 1970. on 2nd april, 2007, central government appointed s. chandrasekaran as technical member (patent) of ipab vide notification of even date. on 3rd april, 2007, notification was issued notifying 2nd april, 2007 as the .....

Jamshed N. Guzdar Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : AIR2005SC862; 2005(3)BomCR139; JT2005(1)SC370; 2005(2)MhLj392; 2005(1)MPHT497; 2005MPLJ181(SC); (2005)2SCC591; 2005(2)LC812(SC)

..... reason, and at any stage remove for trial by itself any suit or proceeding from the city court.'25. by section 3 of letters patent (amendment) act, 1948, clause 12 of the letters patent was amended. the amended portion reads:-'.......the high court shall not have such original jurisdiction in cases falling within the jurisdiction of the small causes court at bombay or ..... .58. reference was made to the judgment of the full bench of the delhi high court in geetika panwar v. government of nct of delhi and ors., 99 (2002) dlt 840. the learned counsel contended that the submissions of the learned attorney general made before the delhi high court, as noticed in this judgment, were indicative of ..... issuing the impugned notification dated 20.8.1991. facts and figures are also given in this regard relating to number of civil suits pending as on 31.12.2002 in the city civil court even at the existing limits of pecuniary jurisdiction i.e. rs. 50,000/-. according to him the city civil court has been .....

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

Court : Supreme Court of India

Reported in : 2009AIRSCW376; AIR2009SC1147; 2008(4)AWC3839(SC); 2008BusLR879(SC); (SCSuppl)2008(4)CHN197; LC2008(3)131; (2009)2MLJ548(SC); 2008(38)PTC1(SC); 2008(12)SCALE284; 2008(6)LHSC4364.

..... 3rd may, 2002 and directed the joint controller of patent to consider and give order on the application for grant of emr afresh keeping all points open. pursuant to the order of the learned single jude, dated 16th december, 2004, the controller of patent again rejected the application filed by the writ petitioners on december 28, 2004. on january 1, 2005 the patent (amendment act), 2005 ..... came into operation by which various amendments to the act were made and the chapter iv-a which provided the mode of adjudication of the claim of .....

Novartis Ag and ors. Vs. Union of India and ors.

Court : Supreme Court of India

..... reasons.- the law relating to patents is contained in the patents act, 1970 which came into force on the ..... section 5 of the act. the amendment act of 1999 thus complied with article 70(8) and (9) of the trips agreement.68. three years later the patents (amendment) act, 2002 (act no. 38 of 2002) came to be enacted on june 25, 2002. it brought large scale amendments in the patents act, 1970. the statement of objects and reasons for the amendment act of 2002 is stated as under:amendment act 38 of 2002 - statement of objects and .....

Novartis Ag Vs. Union of India and ors.

Court : Supreme Court of India

..... reasons. the law relating to patents is contained in the patents act, 1970 which came into force on the ..... section 5 of the act. the amendment act of 1999 thus complied with article 70(8) and (9) of the trips agreement.68. three years later the patents (amendment) act, 2002 (act no.38 of 2002) came to be enacted on june 25, 2002. it brought large scale amendments in the patents act, 1970. the statement of objects and reasons for the amendment act of 2002 is stated as under: amendment act 38 of 2002 statement of objects and .....

Reliance Infrastructure Ltd. Vs. State Of Goa

Court : Supreme Court of India

..... - 37. insofar as domestic awards made in india are concerned, an additional ground is now available under sub-section (2-a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of the matter but which does not amount ..... for if an arbitrator gives no reasons for an award and contravenes section 31(3) of the 1996 act, that would certainly amount to a patent illegality on the face of the award.40. the change made in section 28(3) by the amendment act really follows what is stated in paras 42.3 to 45 in associate builders [associate builders v. ..... -matter of the award or if the award is in conflict with public policy of india, the award is liable to be set aside. explanation (1), amended by the 2015 amendment act, clarified the expression public policy of india and its connotations for the purposes of reviewing arbitral awards. it has been made clear that an award would be .....

Vidyawati Gupta and ors. Vs. Bhakti Hari Nayak and ors.

Court : Supreme Court of India

Reported in : AIR2006SC1194; 2006(2)AWC1580(SC); (SCSuppl)2006(2)CHN173; 2006(2)CTC146; [2006(3)JCR200(SC)]; JT2006(2)SC278; (2006)2MLJ312(SC); 2006(2)SCALE203; (2006)2SCC777

..... no uncertain terms, upon a reference to the decision in p.s. sathappan's case (supra), concluded that far from doing away with the letters patent, the amending act of 2002 has left unscathed the provisions of section 129 of the code and what follows therefrom and upheld the contention of the division bench of the bombay high court ..... salem advocate bar association, tamil nadu v. union of india reported in : air2003sc189 , wherein while considering the effect of the amendments introduced in the code by the amending acts 46 of 1999 and 22 of 2002, it was observed in paragraph 16 that the attention of the court had been drawn to order vii rule 11 to which clauses ..... of relevance to these proceedings to point out that sub-rule (4) of rule 15 reproduced hereinabove was introduced by way of amending act 46 of 1999 with effect from 1st july 2002. prior to such amendment, there was no general provision regarding verification of pleadings in a plaint also by way of an affidavit, though such a practice .....

Aphali Pharmaceuticals Ltd. Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : AIR1989SC2227

..... of ayurvedic medicinal preparations, those being excluded from the definition of drug. the definition of patent and proprietary medicines till then did not apply to ayurvedic preparations. this position continued indeed till the amendment of drugs act by the drugs and cosmetics (amendment) act, 1964. several amendments were effected by that amendment act of 1964. section 33a and chapter iva were inserted. section 33a said that chapter iv ..... gallon on the strength of london proof spirit. alcohol and self-generated alcohol were treated differently.17. the schedule was amended by the amending act no. 19 of 1961 and the amended schedule stood as follows :item no.descriptionof dutiable goodsrate ofduly1.medicinalpreparations, being patent or proprietary medicines,containing alcohol and which are not capable of being consumed as ordinaryalcoholic beverages.ten percent ad valorem .....

Rustom Cavasjee Cooper Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530

..... i.e. compulsory acquisition of property: see subodh gopal's case : [1954]1scr587 and dwarkadas shriniwas's case : [1954]1scr674 . but since the amendment by the constitution (fourth amendment) act it has been held that clauses (1) & (2) dealt with different subject-matters. in kavalppara kottarathil kochuni's case : [1960]3scr887 , subba ..... not depend on another's courtesy: it includes ownership, estates and interests in corporeal things, and also rights such as trade-marks, copyrights, patents and even rights in personal capable of transfer or transmission, such as debts; and signifies a beneficial right to or a thing considered as having ..... 'banking'; entry 46 'bills of exchange, cheques, promissory notes and other like instruments; entry 47 'insurance'; entry 48 'stock exchanges and future markets'; entry 49 'patents, inventions and designs'. there are several entries relating to activities commercial as well as non-commercial in list ii--entry 21 'fisheries'. entry 24 'industries . . . .....