Judgment Search Results Home > Cases Phrase: patents amendment act 2002 section 43 insertion of new section 104a Page 9 of about 3,050 results (0.924 seconds)

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

Court : Intellectual Property Appellate Board IPAB

..... providing exclusive marketing rights (emr). the indian parliament made further amendments in the patents act, 1970 through the patents (amendment) act, 2002 (act 38 of 2002) which came into force from 20.05.2003 along with the patents rules, 2003 with a view to fulfilling indias further obligations under the trips agreement. the third amendment to the patents act, 1970 was introduced through the patents (amendment) ordinance, 2004, w.e.f. 01.01.2005. the ..... ordinance was later replaced by the patents (amendment) act, 2005 (act 15 of 2005) with .....

Ajanta Pharma Limited Vs. the Controller General of Patents and Others

Court : Intellectual Property Appellate Board IPAB

..... appellant, considered and passed an order transferring the appeal to the appellate board at chennai directing the appellant to appear before the appellate board. now all the provisions of the patents (amendment) act, 2002 have come into force. it is an appeal against an order of the controller under section 25(1), which was pending before the honble high court of delhi, but stood ..... the registry of the honble high court has scrutinized the appeal and numbered the appeal, the notification of the government of india bringing into force of section 47 of the patents (amendment) act, 2002 w.e.f. 02.04.07 had come. it is a fact that the honble high court of delhi has jurisdiction to receive an appeal and consider on the date .....

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

Court : Delhi

..... amendments - apart from seeking to simplify and make the patents act a modern legislation - were enacted to comply with india's obligations as a ..... on 3rd march, 1967. 120. thereafter, the patents act, 1970 was enacted to consolidate the patents laws in india and, apart from certain provisions, came into force on 20th july, 1972. 121. after its enactment, the patents act, has been subjected to three sets of substantial amendments by three acts: the patents (amendment) act, 1999 (17 of 1999); the patents (amendment) act, 2002 (38 of 2002); and the patents (amendment) act, 2005 (15 of 2005). these sets of .....

Fuerst Day Lawson Ltd. Vs. Jindal Exports Ltd.

Court : Supreme Court of India

..... has become outdated. the law commission of india, several representative bodies of trade and industry and experts in the field of arbitration have proposed amendments to this act to make it more responsive to contemporary requirements. it is also recognised that our economic reforms may not become fully effective if the law dealing ..... and conciliation, they could, with appropriate modifications, serve as a model for legislation on domestic arbitration and conciliation. the present bill seeks to consolidate and amend the law relating to domestic arbitration, international commercial arbitration, enforcement of foreign arbitral awards and to define the law relating to conciliation, taking into account the ..... on the question in the context of section 39 of the arbitration act, 1940.18. in sharda devi v. state of bihar, (2002) 3 scc 705, a bench of three judges of this court examined the question whether a letters patent appeal is maintainable against the judgment and decree of a single judge .....

Novartis Ag Vs. Cipla Ltd.

Court : Trademark

..... manufacture and its use" and the same was allotted the application no. 1602/mas/1998.2. a representation by way of opposition under section 25(1) of the patents act, 1970 as amended by the patents (amendment) act, 2005 was filed by m/s. gopakumar nair associates, mumbai on behalf of m/s. cipla ltd., mumbai on july 5, 2005 with a request for hearing under ..... new form of a known substance without having any significant improvement in efficacy. hence i conclude that the subject matter of this application is not patentable under section 3(d) of the patents act, 1970 as amended by the patents (amendment)act, 2005.12. the opponent said this application was filed in india on july 17, 1998 as a convention application claiming swiss priority whereas switzerland was .....

Glaverbel S.A. Vs. Dave Rose and ors.

Court : Delhi

Reported in : 167(2010)DLT6

..... in another suit filed by the plaintiff being cs (os) no. 593/2007 in respect of the same patent, the plaintiff sought the amendment of claim no. 1 and filed an application under sections 57 and 58 of the patent's act, 1970 read with section 151 of the civil procedure code, 1908 being la. no. 13519/2007 which was allowed by ..... have done immense business while effecting the sales of glasses and mirror at a commercial scale since the year 1993 and without the copper layer since 2002. thus, it would be more inconvenient at this juncture to restrain the defendants from manufacturing the mirrors given the fact that there is substantial credible challenge raised ..... in telemecanique and controls (i) ltd. v. schneider electric industries sa 2002 (24) ptc 632 (db), the court held that a monopoly of the patent is the reward for the inventor as a patent creates a statutory monopoly protecting the patentee against unlicensed user of the patented device (paragraph 30).iv) hind mosaic and cements works and anr. v .....

Upendra Singh Maniyari Vs. Jagmohan Singh and ors.

Court : Uttaranchal

..... appeal arising from an application or proceeding, instituted or commenced whether prior or subsequent to the commencement of the uttar pradesh high court (abolition of letters patent appeals) (amendment) act, 1981, shall lie to the high court from a judgment or order of one judge of the high court, made in the exercise of jurisdiction ..... before the high court immediately before the commencement of the uttar pradesh high court (abolition of letters patent appeals) (amendment) act, 1981, shall be heard and disposed of as if that subsection had not been enacted.the aforesaid amendment necessitated a further amendment of rule 5, contained in section c, of chapter viii, of the 'rules of the ..... 1972 and 1975) deserves a reference. in the statement of objects and reasons recorded in the u.p. high court (abolition of letters patent appeals) (amendment) act, 1981, it was inter alia noticed, that despite various measures taken earlier, the number of pending cases in the high court at allahabad .....

Charu K. Mehta and Others Vs. Lilavati Kirtilal Mehta Medical Trust an ...

Court : Mumbai

..... conferred by clause 37 of the letters patent on the chartered high courts. the supreme court held that the object of inserting section 129 in its present form in the c.p.c. was exactly the purpose for which it was inserted in the c.p.c. of 1882 by an amending act of 1895, namely: .... to recognize ..... in other courts. for historical reasons this distinction was maintained right from the time the letters patent was issued, and has not been disturbed by the code of civil procedure, 1908, despite the amendments made in the cpc from 1976 to 2002. the supreme court held that the legislature has made a distinction between the proceedings in other ..... learned single judge in the exercise of the original jurisdiction would not be excluded unless the statutory enactment expressly excludes appeals under the letters patent. in sharda devi vs. state of bihar, (air 2002 sc 1357)while dealing with the maintainability of an appeal against an order of a learned single judge in appeal under section 54 of .....

Yahoo! Inc (Formerly ‘overture Services Inc.’), a Delaware C ...

Court : Intellectual Property Appellate Board IPAB

..... against the pre-grant opposition under section 116 of the act as amended by the patents (amendment) act, 2002 before the grant of patent. the counsel argued that there has to be a remedy when there is a refusal of patent. the counsel argued that the act has conferred on the controller, namely the respondent here, the ..... power to refuse the grant of patent only under section 15 of the act which is evident from the language of section 43 of the act ..... opportunity for review by a judicial authority against any official administrative decision. the counsel for the appellant also argued that the patents (amendment) act, 2005 brought in a dichotomy between the pre-grant and post-grant opposition for the first time by introducing the post-grant opposition .....

CTR Manufacturing Industries Limited Vs. SERGI Transformer Explosion P ...

Court : Mumbai

..... and/or other sensing means ? in relation to the buchholz relay to say that even ctr acknowledged the need for a prv or an rprr in its patent application amendments, but took these out later. ctr thus narrowed its claim to finally yield a complete disclaimer of the prv. since the prv is an essential component ..... of an invention entitled method and device for preventing/protecting electrical transformer against explosion and fire ? under the patents act. on 13th december 1996, magnier licensed this patent, then yet under process, to sergi (france). on 14th december 2002, magnier obtained patent no.189089 in respect of this application (vol. a, part (c), p. 118; for consistency, ..... that when ctr first moved court it did so not on its complete specification but on its provisional specification, one that had later suffered at least two amendments. he read this with the specifications and claims to show that the claims had altered between the time of the application and so had the specification. .....