Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 9 amendment of section 11 Court: mumbai Page 1 of about 440 results (0.184 seconds)

Neon Laboratories Pvt.Ltd. Vs. Troikaa Pharma Limited, and ors.

Court : Mumbai

..... as the patents (amendment) act, 2005 is concerned, while dealing with the proposed amendments to section 25 this is what is stated in clause 23 of the notes on clauses:"clause 23: this clause seeks to substitute sections 25 and 26 of the act. ..... structure of the pregrant and postgrant procedure vide sections 25(1) and 25(2) of the said act has been brought about by the patent amendment act, 2005 (hereinafter referred to as the 'said amendment'). ..... that the patents act, 1970 has been extensively amended by the patents (amendment) act, 2005. ..... sections 22, 23 and 24 have been deleted by the amendment act of 2005 and instead of earlier provisions, chapter v has been substituted by insertion of new section 25.41 if the grounds indicated in subsection (1) of section 25 are perused carefully, it is clear that opportunity contemplated by subsection (1) must be effective, meaningful and purposeful, so also, in consonance with the object of the amendment act ..... section 21 which has been substituted by the amendment act of 2005 provides for time for putting the application in ..... that on 29.10.2007 the petitioner filed a representation by way of opposition under section 25(1) of the patents act, 1970 r/w rule 55(1) of the patents (amendment) rules, 2005. ..... provides that if the specification or other documents are amended by the order of the controller, the patent shall stand amended accordingly.this clause also seeks to substitute section 26 of the act, which relates to the matter in cases of "obtaining .....

Garware Wall Ropes Ltd. a Company Incorporated Under the Companies Act ...

Court : Mumbai

Reported in : 2009(3)BomCR896; 2009(111)BomLR479

..... thereafter, the patents amendment act 15 of 2005 was brought into force by way of ordinance, namely, patents (amendment) ordinance 2005 dated 26.12.2004 and ultimately was enacted as the patents amendment act, 2005 which has made substantial changes. ..... as mentioned in sub-section (3), before the priority date of the claim;(m) that the applicant for the patent has failed to disclose to the controller the information required by section 8 or has furnished information which is any material particular was false to his knowledge;(n) that the applicant contravened any direction for secrecy passed under section 35 or made or caused to be made an application for the grant of a patent outside india in contravention of section 39;(o) that leave to amend the complete specification under section 57 or section 58 was obtained ..... (2) what is the scope and effect of section 100 of the patents act, 1970 (as amended) and its impact in the present case ?facts:4. ..... (5) where an invention has been used by or with the authority of the central government for the purposes of government under this section, then, except in case of national emergency or other circumstances of extreme urgency or for non-commercial use, the government shall notify the patentee as soon as practicable of the fact and furnish him with such information as to the .....

Glochem Industries Ltd. Represented by Its Power of Attorney Holder Vs ...

Court : Mumbai

Reported in : 2010(112)BomLR269; LC2010(1)13

..... case, however, the problem considered was about the confusion arising on account of the postponement of in-part commencement of the patents (amendment) act, 2005, in particular with regard to the remedy of appeal against an order rejecting the pre-grant opposition. ..... case while examining the question regarding the validity of the amendment act which amended section 3(d) of the act, the court proceeded to examine the purport of the amended provision i.e. ..... it has noted that it is clear from the amended section and the explanation that in the pharmacology field, if a discovery is made from a known substance, the duty is cast upon the patent applicant to show that the discovery has resulted in the enhancement of the known therapeutic efficacy ..... instant invention over the known clopidogrel bisulphate and also over the solvated forms of clopidogrel besylate in different characterization aspects, it can be held that the crystalline clopidogrel besylate of present invention compound is patentable and cannot be rejected under section 3(d) of the patents act, 1970.hence, the opponents objection of not an invention and also not ..... have examined whether the factors noted in the impugned order had the effect of enhancement of known efficacy of stated substance in the context of better therapeutic effect which is the legislative intent behind the amendment of section 3(d) and not recognise the alleged invention merely because of its new form or some other advantages or is better in some respect. .....

Bayer Corporation United States of America Vs. Union of India through ...

Court : Mumbai

..... the controller does grant a compulsory licence the terms and conditions of the grant would be in terms section 90 of the act which inter alia provides:- i) that royalty and other remuneration to be paid to the patent holder should be reasonable, having regard to the nature of the invention, the expenditure incurred by the patent holder in making and developing patent; ii) that the patented invention is worked to the fullest extent by the person to whom the compulsory licence is granted with reasonable profit ..... in fact, chapter xvi of the act dealing with working of patent, compulsory licenses and revocation was substituted in its entirety by the 2002 amendment which come into effect on 20 february 2003. ..... vi) scheme of compulsory licence under the act: 9) consequent to trips, the act was amended in 1999, 2002 and 2005 to make it trips compliant. ..... we are informed at the bar that it is for the first time after india became a signatory to trade related aspects of intellectual property rights (trips) followed by the doha declaration in 2001 and the amendments to the said act in 2003 and 2005 that the issue of compulsory licence has arisen for consideration before the authorities under the said act and consequently also before this court. ..... further, changes/amendments were made in 2005. ..... the submission of the petitioner that the word worked in the territory of india does not mean to be manufactured in india on the basis of the erstwhile section90(a) (prior to 2002 amendment) of the act. .....

Novartis Ag and anr. Vs. Mehar Pharma and anr.

Court : Mumbai

Reported in : 2005(3)BomCR191; 2005(30)PTC160(Bom)

..... old section 5 was renumbered as section 5(1) and sub -clause (2) was added by the patents (amendment) act, 1999 and product patent for a medicine or a drug can now be applied for and it may be granted under section 5 (2) in the manner provided under chapter ..... 2 has challenged the constitutional validity of the patents (amendment) act, 1999 in the hon'ble high court of delhi by way of writ proceedings bearing writ ..... until the amendments made by the patents (amendment) act, 1999, only a process patent was granted for a medicine or ..... that the government of india by patent (amendment) act, 1999 dated 1st june 1999 amended the patents. ..... it is submitted that the trips contemplates provisions for 'exclusive marketing rights, whereas the amendment act, 1999 travels beyond and provides for an exclusive marketing right which enables its grantee to sell, market and ..... that a combined reading of these provisions clearly make it clear that the holders of emr are entitled to be protected by an order of injunction against the infringers in terms of chapter xviii of the act particularly in terms of section 108 thereof it is further submitted that the plaintiffs have adduced evidence along with the plaint to show a prima facie case and establish that the defendants' 'veenat' is infringing the emr granted to the ..... material to note that an emr grantee enjoys such an unfettered monopoly, even though its product patent application is pending and may be rejected after 1st january 2005 whenever examined. .....

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

Court : Mumbai

..... 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 the land acquisition act, 1894 the supreme court held that the powers given to the high court under the letters patent are akin to the constitutional powers of the high court ..... of 1882 by an amending act of 1895, ..... in other words, what is made final and conclusive is an amendment in the entries pursuant to a decision under section 22 and not a finding on the basis of which those entries are arrived at; (iv) the originating summons was not barred by section 50 since the direction and interpretation which the plaintiff seeks did not fall within the ambit of that provision; and (v) in an originating summons, the question of a right to sue does not arise, there ..... , testamentary, intestate and matrimonial jurisdictions, respectively: provided that the said high court shall be guided in making such rules and orders as far as possible, by the provisions of the code of civil procedure, being an act passed by the governor-general in council, and being act no.viii of 1859, and the provisions of any law which has been made amending or altering the same, by competent legislative authority for india. 43 ..... ., (air 2005 sc 514)the supreme court upheld the view of this court that the amended provisions of order viii rule 1 of the cpc would not apply to a suit on the original side of the high court and that such a suit would be governed by the .....

Asha D/O Bhalchandra Joshi Vs. National Insurance Co. Ltd.

Court : Mumbai

Reported in : 2009ACJ223; 2008(1)ALLMR745; 2008(2)BomCR76; 2008(1)MhLj724

..... against an original decree or order rendered before 1st july, 2002, the pending letters patent appeal as on 1st july, 2002 preferred against such judgment and order of the single judge shall remain unaffected by section 100-a of the code of civil procedure, 1908 as substituted by section 4 of the code of civil procedure (amendment) act, 2002.iv) in other words, section 100-a as substituted by code of civil procedure (amendment) act, 2002 has a limited retrospectivity as indicated in clause (i) above and to that extent ..... the result of the foregoing discussion may here, be shortly summarized:i) section 100-a in the civil procedure code, 1908 substituted by section 4 of the code of civil procedure (amendment) act, 2002 takes away the right of letters patent appeal on and from 1st july, 2002 in respect of the suit filed before that date where the judgment or order of the learned single judge of the high court in appeal against an ..... that this question was specifically raised when the appeal was admitted on 7th october, 2005 and therefore, while admitting the appeal the question of maintainability of appeal was kept ..... came to be disposed of by impugned judgment dated 5th august, 2005 whereby the learned single judge remanded the matter back to the tribunal, allowing the application for amendment. ..... judge would not have been persuaded to remand the matter, pertaining to disablement suffered by a twenty one year old girl in an accident in the year 1991 for a fresh trial in the year 2005 i.e. .....

Employees State Insurance Corporation Vs. H. Fillunger and Co. Pvt. Lt ...

Court : Mumbai

Reported in : 2008(6)ALLMR674; 2008(5)BomCR513; [2008(119)FLR641]; (2009)ILLJ491Bom

..... parliament while amending section 100a of the code of civil procedure, by amending act 22 of 2002 with effect from 1-7-2002, took away the letters patent power of the high court in the matter of appeal against an order of the learned single judge to the division bench. ..... the full bench stated in this regard as under:we clarify that we are not concerned with the question whether section 100a of the code as substituted by the amendment act, 2002 is applicable to the appeal before the division bench against the judgment and order of a single judge of the high court in exercise of appellate jurisdiction under special statute and to that extent we do not express any ..... section 100a is inserted by the amending act of 1976 and after enforcement of section 100a, no appeal would be available from the judgment, decree or order of single judge in second appeal. ..... 696 of 2001 was decided by the learned single judge of this court on 22/2/2005, none had appeared for the appellant - corporation but the appeal was allowed on merits by a reasoned order, which is under challenge in this lpa.2. ..... this letters patent appeal is directed against the order passed by the learned single judge of this court on 22/2/2005 thereby allowing first appeal no. ..... naidu, learned counsel for the respondent - company, on the other hand, urged before us that the lpa is not maintainable as it has been filed against an order passed on 22/2/2005 i.e. .....

Javed S/O Sheikh Mustaque Patel Vs. State of Maharashtra Through the P ...

Court : Mumbai

Reported in : 2009(3)BomCR719; 2009(4)BomLR1451; 2009(2)MhLj925; 2009(3)AllMR40

..... since we have held that a councillor can not be disqualified for carrying out illegal construction prior to his tenure as a councillor in terms of section 44(1) of the act, the impugned orders dated 27.5.2008 and 3.11.2008 passed by the collector and the state government and the judgment and order dated 18.6.2008 passed by the learned single judge in writ ..... shall be disqualified for being a councillor, if such councillor has constructed or constructs by himself, his spouse or his dependent, any illegal or unauthorised structure violating the provisions of this act or the maharashtra regional and town planning act, 1966 or the rules or bye-laws framed under the said acts; and has directly or indirectly been responsible for, or helped in his capacity as such councillor, in carrying out such illegal or unauthorised construction or has by written communication or physically ..... our attention to the statement of objections and reasons for introduction of section 44(1)(e) of the act by way of amendment in the year 2002 and submitted that having regard to the statement of objects and reasons, it is clear that the legislature intended that even an illegal construction carried out by the councillor prior to his becoming a councillor would attract section 44(1)(e) of the act.14. ..... chandurkar, the learned counsel for the appellant submitted that the letters patent appeal is tenable since the petition was filed both under articles 226 and 227 of the constitution ..... of maharashtra 2005(3) mh.l.j .....

Mahyco Monsanto Biotech (India) Pvt. Ltd. and Others Vs. THE UNION OF ...

Court : Mumbai

..... in this chapter, unless the context otherwise requires, (55a) intellectual property right means any right to intangible property, namely, trade marks, designs, patents or any other similar intangible property, under any law for the time being in force, but does not include copyright; (55b) intellectual property service means, (a) transferring, temporarily; or (b) permitting the use or enjoyment ..... . shroff submits that in light of the decisions of the supreme court on various composite contracts, article 366(29a) was amended in 1983 to introduce a legal fiction by which six instances of transactions, enlisted as the clauses of the article, were to be considered ..... -1505/cr-114/taxation-1 dated 1st june 2005 as being ultra vires section 6 of the mvat act and article 246 of the constitution. ..... this argument, we would have to accept that the state legislature can encroach upon the legislative powers of the union in respect of items in the union list simply by inserting such amendments that would by some process of fiscal and legal alchemy convert a pure service into a sale ..... that what it provides when it gives the third party purchasers the parent, impregnated seed is a service, and this is liable to be taxed under the relevant provisions of the finance act as amended, read with the rules that pertain to service tax. ..... in any case, certain amendments to the mvat act make all this moot: trade mark assignments and franchise agreements are both now brought into the sweep of the local sales tax .....