Court : Karnataka
Reported in : 2007(4)KarLJ686; 2007(4)KCCRSN260; 2007(3)AIRKarR40.
..... the affidavit inter alia, points out that sweeping changes have been brought about by the amendment act of 2005 to the parent patent act of 1970 and some major changes such as omission of section 5 of the principal act, having taken place and changed statutory position substantially alters the grounds on which the persons can either claim to be aggrieved or can seek relief etc.3. ..... the affidavit, inter alia; discloses the significant changes that have been brought about in the patents act, 1970 by the amending act of 2005; that the present procedure for processing the applications is now streamlined comparable to similar processing procedures undertaken elsewhere in other developed countries such as european countries, japan as also in united states of america, comparative charts indicating ..... standing counsel also brings to the notice of the court that the provisions of the patents act, 1970 (the act' for short) have now been amended by the amending act 38 of 2002 with effect from the 20th may, 2003 and certain provisions have been made in respect of pending applications as indicated in section 11b of the act. ..... developments with regard to recruiting additional manpower, updating or modernising the recruitment process in the patent office and even the march of law by such amending acts, should all be for the purpose of improving the efficiency of the system and should not be to the detriment of the applicants and for compounding their woes. .....
Tag this Judgment!Court : Karnataka
..... section 104-a of the patents act, 1970 was inserted by way of patent amendment act ..... however, with the enactment of the patents (amendment) act, 2002 and the framing of the patent rules, 2003, the plaintiffs patent bearing no.186857 has been subsequently extended for a period of twenty years from ..... now by amended act and by virtue of introduction of section 104-a of the act, the ..... protection; and (c) end with a claim or claims defining the scope of the invention for which protection is claimed; (d) be accompanied by an abstract to provide technical information on the invention; provided that- (i) the controller may amend the abstract for providing better information to third parties; and (ii) if the applicant mentions a biological material in the specification which may not be described in such a way as to satisfy clauses (a) and (b), and if such ..... in the instant case, the grounds urged as a counter claim in the suit for infringement of revocation of patent are as provided in clauses (b), (e) and (f) of section 64(1) of the act, which reads as under: section 64(1)(b): that the patent was granted on the application of a person not entitled under the provisions of this act to apply therefor: clause (e): that the invention so far as claimed in any claim of the complete specification is not new, having regard to what was ..... section 5 of the 1970 act was omitted by the amendment act, 2005 with effect from 1st january 2005 ..... 2005, indian law on patents did not recognise grant of patent ..... 2005 .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1994Kant174; ILR1993KAR1936; 1993(2)KarLJ419
..... in those two cases the suits were still pending before the courts in which they had been originally filed, whereas in the present case, the suit stood automatically transferred to the munsiff court by virtue of section 4(1)(b) of the amendment act and therefore, the civil judge could not have exercised any jurisdiction to pass any order in this case. ..... a reading of section 4 of the amendment act indicates that the object of the rule is to avoid any controversy on the question whether the provisions as amended by the amendment act would be applicable to suits, appeals and other proceedings which were pending on the date the amendment act came into force and to make it clear that the amended provisions are applicable even to pending proceedings and that pending appeals', suits or proceedings should be disposed of by the forums competent to dispose them of as per the amended provisions. ..... whether consequent to the amendment of section 17 of the act, and in view of the section 4(1)(b) of the amendment act, the civil judge had no jurisdiction at all to consider or allow the amendment sought for by the plaintiff ?2. ..... if the civil judge could not have passed the order in view of section 4(1)(b) of the amendment act whether this is a fit case where this court should exercise its discretion and interefere with that order?7. .....
Tag this Judgment!Court : Karnataka
..... also, the main features of the amending act was to enlarge the inclusive definition of the word gaming where the section 3-a was introduced in the act to prohibit wagering or betting in cyberspace and, the replacement of the substance of section 11 of the act that originally exempted games of mere skill from the application of the statute and its substitution by - 107 - including games of mere skill also within the fold ..... veeranna tigadi, spl counsel) this writ petition is filed under article226of the constitution of india, praying to declare as unconstitutional and strike down sections2 3, 6, 8 and9of the karnataka police (amendment) act, 2021 (act no.28 of2021 vide annx-a as being violative of articles14 and19(1)(g) of the constitution of india, and also being hit by manifest arbitrariness, against the doctrine of proportionality, and contrary to various ..... rohan veeranna tigadi, spl counsel) this writ petition is filed under article226of the constitution of india, praying to declare as unconstitutional and strike down sections2 3, 6, 8 and9of the karnataka police (amendment) act, 2021 (act no.28 of2021 (annx-a) as being beyond the legislative competence of r-1 under article2463) of the constitution of india, violative of article14 19 (1)(g) and21of the constitution of india, and also being hit by vagueness ..... (2005) pp153206 are instructive:"...courts have properly concluded that the first amendment protects ..... state of10(1995) supp1scc59611 (2005) 2 scc51512 (1995) 6 scc28913 (2003 .....
Tag this Judgment!Court : Karnataka
..... also, the main features of the amending act was to enlarge the inclusive definition of the word gaming where the section 3-a was introduced in the act to prohibit wagering or betting in cyberspace and, the replacement of the substance of section 11 of the act that originally exempted games of mere skill from the application of the statute and its substitution by - 107 - including games of mere skill also within the fold ..... veeranna tigadi, spl counsel) this writ petition is filed under article226of the constitution of india, praying to declare as unconstitutional and strike down sections2 3, 6, 8 and9of the karnataka police (amendment) act, 2021 (act no.28 of2021 vide annx-a as being violative of articles14 and19(1)(g) of the constitution of india, and also being hit by manifest arbitrariness, against the doctrine of proportionality, and contrary to various ..... rohan veeranna tigadi, spl counsel) this writ petition is filed under article226of the constitution of india, praying to declare as unconstitutional and strike down sections2 3, 6, 8 and9of the karnataka police (amendment) act, 2021 (act no.28 of2021 (annx-a) as being beyond the legislative competence of r-1 under article2463) of the constitution of india, violative of article14 19 (1)(g) and21of the constitution of india, and also being hit by vagueness ..... (2005) pp153206 are instructive:"...courts have properly concluded that the first amendment protects ..... state of10(1995) supp1scc59611 (2005) 2 scc51512 (1995) 6 scc28913 (2003 .....
Tag this Judgment!Court : Karnataka
..... also, the main features of the amending act was to enlarge the inclusive definition of the word gaming where the section 3-a was introduced in the act to prohibit wagering or betting in cyberspace and, the replacement of the substance of section 11 of the act that originally exempted games of mere skill from the application of the statute and its substitution by - 107 - including games of mere skill also within the fold ..... veeranna tigadi, spl counsel) this writ petition is filed under article226of the constitution of india, praying to declare as unconstitutional and strike down sections2 3, 6, 8 and9of the karnataka police (amendment) act, 2021 (act no.28 of2021 vide annx-a as being violative of articles14 and19(1)(g) of the constitution of india, and also being hit by manifest arbitrariness, against the doctrine of proportionality, and contrary to various ..... rohan veeranna tigadi, spl counsel) this writ petition is filed under article226of the constitution of india, praying to declare as unconstitutional and strike down sections2 3, 6, 8 and9of the karnataka police (amendment) act, 2021 (act no.28 of2021 (annx-a) as being beyond the legislative competence of r-1 under article2463) of the constitution of india, violative of article14 19 (1)(g) and21of the constitution of india, and also being hit by vagueness ..... (2005) pp153206 are instructive:"...courts have properly concluded that the first amendment protects ..... state of10(1995) supp1scc59611 (2005) 2 scc51512 (1995) 6 scc28913 (2003 .....
Tag this Judgment!Court : Karnataka
..... also, the main features of the amending act was to enlarge the inclusive definition of the word gaming where the section 3-a was introduced in the act to prohibit wagering or betting in cyberspace and, the replacement of the substance of section 11 of the act that originally exempted games of mere skill from the application of the statute and its substitution by - 107 - including games of mere skill also within the fold ..... veeranna tigadi, spl counsel) this writ petition is filed under article226of the constitution of india, praying to declare as unconstitutional and strike down sections2 3, 6, 8 and9of the karnataka police (amendment) act, 2021 (act no.28 of2021 vide annx-a as being violative of articles14 and19(1)(g) of the constitution of india, and also being hit by manifest arbitrariness, against the doctrine of proportionality, and contrary to various ..... rohan veeranna tigadi, spl counsel) this writ petition is filed under article226of the constitution of india, praying to declare as unconstitutional and strike down sections2 3, 6, 8 and9of the karnataka police (amendment) act, 2021 (act no.28 of2021 (annx-a) as being beyond the legislative competence of r-1 under article2463) of the constitution of india, violative of article14 19 (1)(g) and21of the constitution of india, and also being hit by vagueness ..... (2005) pp153206 are instructive:"...courts have properly concluded that the first amendment protects ..... state of10(1995) supp1scc59611 (2005) 2 scc51512 (1995) 6 scc28913 (2003 .....
Tag this Judgment!Court : Karnataka
..... also, the main features of the amending act was to enlarge the inclusive definition of the word gaming where the section 3-a was introduced in the act to prohibit wagering or betting in cyberspace and, the replacement of the substance of section 11 of the act that originally exempted games of mere skill from the application of the statute and its substitution by - 107 - including games of mere skill also within the fold ..... veeranna tigadi, spl counsel) this writ petition is filed under article226of the constitution of india, praying to declare as unconstitutional and strike down sections2 3, 6, 8 and9of the karnataka police (amendment) act, 2021 (act no.28 of2021 vide annx-a as being violative of articles14 and19(1)(g) of the constitution of india, and also being hit by manifest arbitrariness, against the doctrine of proportionality, and contrary to various ..... rohan veeranna tigadi, spl counsel) this writ petition is filed under article226of the constitution of india, praying to declare as unconstitutional and strike down sections2 3, 6, 8 and9of the karnataka police (amendment) act, 2021 (act no.28 of2021 (annx-a) as being beyond the legislative competence of r-1 under article2463) of the constitution of india, violative of article14 19 (1)(g) and21of the constitution of india, and also being hit by vagueness ..... (2005) pp153206 are instructive:"...courts have properly concluded that the first amendment protects ..... state of10(1995) supp1scc59611 (2005) 2 scc51512 (1995) 6 scc28913 (2003 .....
Tag this Judgment!Court : Karnataka
..... also, the main features of the amending act was to enlarge the inclusive definition of the word gaming where the section 3-a was introduced in the act to prohibit wagering or betting in cyberspace and, the replacement of the substance of section 11 of the act that originally exempted games of mere skill from the application of the statute and its substitution by - 107 - including games of mere skill also within the fold ..... veeranna tigadi, spl counsel) this writ petition is filed under article226of the constitution of india, praying to declare as unconstitutional and strike down sections2 3, 6, 8 and9of the karnataka police (amendment) act, 2021 (act no.28 of2021 vide annx-a as being violative of articles14 and19(1)(g) of the constitution of india, and also being hit by manifest arbitrariness, against the doctrine of proportionality, and contrary to various ..... rohan veeranna tigadi, spl counsel) this writ petition is filed under article226of the constitution of india, praying to declare as unconstitutional and strike down sections2 3, 6, 8 and9of the karnataka police (amendment) act, 2021 (act no.28 of2021 (annx-a) as being beyond the legislative competence of r-1 under article2463) of the constitution of india, violative of article14 19 (1)(g) and21of the constitution of india, and also being hit by vagueness ..... (2005) pp153206 are instructive:"...courts have properly concluded that the first amendment protects ..... state of10(1995) supp1scc59611 (2005) 2 scc51512 (1995) 6 scc28913 (2003 .....
Tag this Judgment!Court : Karnataka
..... also, the main features of the amending act was to enlarge the inclusive definition of the word gaming where the section 3-a was introduced in the act to prohibit wagering or betting in cyberspace and, the replacement of the substance of section 11 of the act that originally exempted games of mere skill from the application of the statute and its substitution by - 107 - including games of mere skill also within the fold ..... veeranna tigadi, spl counsel) this writ petition is filed under article226of the constitution of india, praying to declare as unconstitutional and strike down sections2 3, 6, 8 and9of the karnataka police (amendment) act, 2021 (act no.28 of2021 vide annx-a as being violative of articles14 and19(1)(g) of the constitution of india, and also being hit by manifest arbitrariness, against the doctrine of proportionality, and contrary to various ..... rohan veeranna tigadi, spl counsel) this writ petition is filed under article226of the constitution of india, praying to declare as unconstitutional and strike down sections2 3, 6, 8 and9of the karnataka police (amendment) act, 2021 (act no.28 of2021 (annx-a) as being beyond the legislative competence of r-1 under article2463) of the constitution of india, violative of article14 19 (1)(g) and21of the constitution of india, and also being hit by vagueness ..... (2005) pp153206 are instructive:"...courts have properly concluded that the first amendment protects ..... state of10(1995) supp1scc59611 (2005) 2 scc51512 (1995) 6 scc28913 (2003 .....
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