Court : Delhi
Decided on : Mar-28-2017
..... patentable" was repealed and the definition of the expression "invention" in section 2(1)(j) was changed, consequent upon ..... of the defendants that the technology of the plaintiffs has been wrongly patented in india on grounds other than those in the counter claim or that the claims granted thereby run foul of the provisions of plant varieties act do not impress. noticeably, by the patents (amendment) act, 2005, the then existing section 5 of the patents act, 1970 concerning "inventions where only methods or processes of manufacture .....
Tag this Judgment!Court : Delhi
Decided on : Feb-14-2017
..... such order being a judgment within the meaning of cpc, is maintainable. the provisions of cpc (amended and unamended) are applicable to the commercial courts act's proceedings. the term judgment was not even defined under the letters patent act. in the summary suit, though it is an interlocutory order of granting defendants conditional leave to ..... the schedule. xxxx xxxx xxxx xxxx (2) the commercial division and commercial court shall follow the provisions of the code of civil procedure, 1908, as amended by this act, in the trial of a suit in respect of a commercial dispute of a specified value. (3) where any provision of any rule of the ..... act, 1966.18. it was submitted that a non-obstante clause like section 13(2) must not be construed to create an apparent conflict between the different provisions of a statute and that the court must give effect to all the provisions by adopting the principle of harmonious construction. reliance was placed on iridium india telecom ltd v. motorola inc.:2005 .....
Tag this Judgment!Court : Delhi
Decided on : Apr-20-2017
..... period for making request for examination under section 11b, of the applications filed before the 1st day of january, 2005 shall be the period specified under the section 11b before the commencement of the patents (amendment) act, 2005 or the period specified under these rules, whichever expires later. (2)(i) the period within which the controller ..... (3) patent filed under sub-section (2) of section 5 before the 1st day of january, 2005 a request for its examination shall be made in the prescribed manner ..... section 11b. request for examination (1) no application for a patent shall be examined unless the applicant or any other interested person makes a request in the prescribed manner for such examination within the prescribed period. (2) omitted by the patents (amendment) act, 2005 in case of an application in respect of a claim for a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-21-2017
..... deserves attention at the threshold. section 100-a of the cpc was inserted by the amendment act 104 of 1976, which reads as under: 100-a. no further appeal in certain cases notwithstanding anything contained in any letters patent for any high court or in any other instrument having the force of law in ..... though this section was amended by the amendment act 46 of 1999, reference thereto is avoided as the said amendment was not given effect to.13. this provision underwent another amendment by amendment act 22 of 2002, to be refashioned as hereinbelow. 100-a: no further appeal in certain cases notwithstanding anything contained in any letters patent for any high ..... (supra), wherein it was held in unambiguous terms that only letters patent appeal, filed prior to the coming into force of the said amendment vide act 22 of 2002 would be maintainable and as a corollary, by virtue of the bar contained therein, letters patent appeal filed thereafter, would not be maintainable.16. as the contextual .....
Tag this Judgment!Court : Delhi
Decided on : Sep-25-2017
..... is later; (v) the period for making request for examination under section 11b of the applications filed before the 1st day of january, 2005 shall be the period specified under the section 11b before the' commencement of the patents (amendment) act, 2005 or the period specified under these rules, whichever expires later. (2) (i) where the request for examination has been filed under sub-rule ..... request in the prescribed manner for such examination within the prescribed period; (2) [omitted by patents (amendment) act, 2005, section 11].. (3) in case of an application in respect of a claim for a patent filed under sub-section (2) of section 5 before the 1st day of january, 2005 a request for its examination shall be made in the prescribed manner and within the prescribed .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-24-2017
..... into force on 23rd october, 2015. thus, the arbitration was commenced, held, concluded and the award passed before coming into force of the amendment act. by section 19 of the said amendment act 2015 section 36 was replaced by a new section 36 which as follows: 36. enforcement. (1) where the time for making an application ..... a subsequent enactment, if it so provides expressly or by necessary intendment and not otherwise. in glaxo smith kline plc and ors.v.controller of patents and designs and ors.reported in (2008) 17 scc416mr.justice arijit pasayat remarked in paragraph 7 of the judgement that when the right of appeal was ..... 85a a new section 85a on transitory provisions has been incorporated. transitory provisions. (1) unless otherwise provided in the arbitration and conciliation (amending) act, 2014, the provisions of the instant act (as amended) 59 shall be prospective in operation and shall apply only to fresh arbitrations and fresh applications, except in the following situations (a) the .....
Tag this Judgment!Court : Delhi
Decided on : Mar-02-2017
..... in accordance with section 31a.]. 27. on a perusal of section 31 as it originally stood, section 31 as amended by the amendment act, 2015 read with sections 32 and 33, it is patently clear that an award is not just a money award. any adjudication of the contentions of the parties constitutes an ..... doubts as to the independence or impartiality of the arbitrator are enumerated in schedule v and schedule vii to the 1996 act.33. section 13 of the 1996 act as amended by the 2015 amendment act provides:-"===================================================================== fao(os)comm.47/2017 page 16 of 21 13. challenge procedure (1) subject to sub-section (4 ..... it appears that the parties had agreed that the arbitration proceedings would be conducted in accordance with the 2015 amendment act and/or in other words, in accordance with the 1996 act, as amended by the 2015 amendment act.13. at the meeting before the arbitral tribunal on 02.02.2016, the arbitral tribunal observed that section .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-31-2017
..... such words a letters patent appeal would not be barred. the legislature was aware that it had incorporated the saving clause in section ..... in such appeal." it is thus to be seen that when the legislature wanted to exclude a letters patent appeal it specifically did so. the words used in section 22 100a are not by way of abundant caution. by the amendment acts of 1976 and 2002 a specific exclusion is provided as the legislature knew that in the absence of ..... . the hon ble supreme court, while considering the provisions of sections 104(2) & (1) and 4 and 100-a (prior to 1976, 2002 amendment) order 43 rule 1-letters patent, clause 15 (madras)- letters patent appeal - in the case of p.s.sathappan (dead) by legal representatives vs. andhra bank limited and others reported in air2004sc5152at para 29, 30 and .....
Tag this Judgment!Court : Delhi
Decided on : Mar-08-2017
..... pharmaceutical co. 572 f. supp. 255 (e.d.n.y. 1983), even experimentation, research and development in the patented product was prohibited as the same would have eventually led to commercial exploitation; ii) the hatch waxman act, 1984 amended the patents act of usa to undo roche products, inc. vs. bolar pharmaceutical co. supra; iii) that was the origin of ..... exclusivity/monopoly; v) reliance was placed on the minutes of the joint parliamentary committee constituted to amend the patents act of india; vi) section 107a came into existence in the patents act for the first time in the year 2002 and it was amended in the year 2003; the word export / exporting was consciously not added thereto; vii) research, development ..... with an evil eye and unequal hand . in the context of challenge to the vires of a statute, in sushil kumar sharma vs. union of india (2005) 6 scc281 it was held to be well settled that a mere possibility of abuse of a provision of law does not per se invalidate a legislation .....
Tag this Judgment!Court : Delhi
Decided on : Mar-08-2017
..... pharmaceutical co. 572 f. supp. 255 (e.d.n.y. 1983), even experimentation, research and development in the patented product was prohibited as the same would have eventually led to commercial exploitation; ii) the hatch waxman act, 1984 amended the patents act of usa to undo roche products, inc. vs. bolar pharmaceutical co. supra; iii) that was the origin of ..... exclusivity/monopoly; v) reliance was placed on the minutes of the joint parliamentary committee constituted to amend the patents act of india; vi) section 107a came into existence in the patents act for the first time in the year 2002 and it was amended in the year 2003; the word export / exporting was consciously not added thereto; vii) research, development ..... with an evil eye and unequal hand . in the context of challenge to the vires of a statute, in sushil kumar sharma vs. union of india (2005) 6 scc281 it was held to be well settled that a mere possibility of abuse of a provision of law does not per se invalidate a legislation .....
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