Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 9 amendment of section 11 Court: uk supreme court Page 1 of about 784 results (0.235 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

..... /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 ..... patent. vide clause 47 of notes on clauses attached to the statement of objects and reasons, it has been clarified that section 64 is also amended vide patents (amendment) act, 2005 to confer wider jurisdiction on the appellate board in matters of revocation of patent, therefore, amended section 117g which is brought into force only from 3.4.2007 dealt with transfer of pending proceedings from the high court to the ..... . here also, section 25 of the patents act, 1970 as amended by patents (amendment) act, 2005 (which refers to 'pre-grant opposition' and 'post-grant opposition') was brought into force on and from 1.1.2005 whereas amended section 117a by which appeal was provided for against post-grant opposition order was not brought into force ..... giving effect to the amendments to 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 ..... '. the main difference between section 25(1) and section 25(2), as brought about by patents (amendment) act, 2005, is that even after a patent is granted, 'post-grant opposition' can be filed under section 25(2) for a period .....

Novartis Ag Vs. Union of India and ors.

Court : Supreme Court of India

..... following the international agreement, the patents act, 1970, was subjected to large scale changes in three stages; and finally, by the patents (amendment) act, 2005, section 5 was altogether deleted from the parent act (patents act, 1970). ..... the pressure of time under which parliament was obliged to deal with the matter and pass the act, replacing ordinance no.7 of 2004 and amending the patents act, 1970, is best stated in the statement of objects and reasons for the patents (amendment) act, 2005 (act 15 of 2005). ..... in order to understand the meaning of invention under the patents act, 1970, as it stands today after its amendment by the amending act of 2005, we must refer to clauses (ac), (j) and (ja) of section 2(1) of the act[23]. ..... we once again examine here what was the amendment introduced in section 3(d) by the amending act of 2005. ..... immediately before its amendment in 2005, section 3(d) was, in the patents (amendment) ordinance, 2004 (ordinance no.7 of 2004), as under: section 3. ..... by the amendment act of 1999, section 5 of the parent act was amended to provide for making a claim for patent of an invention for a substance itself intended for use or capable of being used, as medicine or drug [20].. ..... to our mind, the submission completely misses the vital distinction between the concepts of invention and patentability a distinction that was at the heart of the patents act as it was framed in 1970, and which is reinforced by the 2005 amendment in section 3(d).103. .....

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

Court : Supreme Court of India

..... following the international agreement, the patents act, 1970, was subjected to large scale changes in three stages; and finally, by the patents (amendment) act, 2005, section 5 was altogether deleted from the parent act (patents act, 1970). ..... in order to understand the meaning of invention under the patents act, 1970, as it stands today after its amendment by the amending act of 2005, we must refer to clauses (ac), (j) and (ja) of section 2(1) of the act [clauses (l) and (ta) of section 2(1) are also on the issue of invention but as noted above those provisions, though defined in section 2 are not used anywhere else in the act and, therefore, we do not take those provisions in consideration for construing the meaning of invention. ..... we once again examine here what was the amendment introduced in section 3(d) by the amending act of 2005.immediately before its amendment in 2005, section 3(d) was, in the patents (amendment) ordinance, 2004 (ordinance no. ..... 1and 2) allowed india to delay the application of the provisions of the agreement for a period of 5 years, that is, till january 1, 2000; sub-article 4 allowed india to delay for a further period of five years, that is, till january 1, 2005, the application of the provision relating to product patent, in respect of all articles excluded by the patent act, 1970 [section 5 of the act as before it was amended:section 5. .....

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.

..... 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 emr was totally ..... treated as a request for examination of grant of patents under sub-section (3) of section 11b of the ..... court, with effect from 1st january, 2005 there was no scope for further considering the question of emr as chapter iva of the act has been deleted and in section 78 of the amending act, it has been specifically made clear that all pending applications for grant of emr filed under chapter iv- a of the principal act which were pending on 1st january, 2005 should be treated to be a claim for patents covered under sub-section (2) of section 5 of the principal act and such application should be deemed to be ..... the learned single judge's view that the provisions of section 78 of the amendment act have no application to the proceedings which stood concluded before the appointed day appears to be the correct view governing the .....

Commissioner of Income Tax, Dehradun and anr. Vs. Enron Oil and Gas In ...

Court : Supreme Court of India

Reported in : (2008)218CTR(SC)641; [2008]305ITR75(SC); JT2008(10)SC154; 2008(12)SCALE225; 2008(2)LC1265(SC)

..... it had to maintain its accounts in rupees for the purpose of income tax, that the psc had to be read with section 42(1) of the income tax act, which entitled the assessee to claim conversion loss as deduction, particularly when the said psc provided for realized and unrealised gains/losses from the exchange of currency. ..... 9997 dated 8.3.1996 under section 293a of the income tax act, 1961 ('1961 act'), each co-venturer was liable to be assessed for his own share of income. ..... at the outset, we quote hereinbelow section 42(1) of the income tax act, 1961, which reads as follows:special provision for deductions in the case of business for prospecting, etc. ..... article 15.2.1 inter alia provides that in order to compute profits of the business consisting of prospecting, extraction or petroleum production there shall be made allowances in lieu of the allowances admissible under the 1961 act, such allowances as are specified in the psc pursuant to section 42 in relation to three items of expenditure specified under section 42(1)(a), (b) and (c). ..... consequently, it was held that just as foreign exchange gain was taxable, loss was allowable under section 42(1) of income tax act in terms of the psc. .....

Regional Provident Fund Commissioner Vs. Sanatan Dharam Girls Secondar ...

Court : Supreme Court of India

Reported in : AIR2007SC276; 2006(5)CTC684; [2007(112)FLR314]; [2007(2)JCR101(SC)]; JT2006(10)SC159; RLW2007(1)SC788; 2006(11)SCALE500; (2007)1SCC268

..... he would further submit that after the amendment was made in section 16 of the act by the epf and miscellaneous provisions amendment act (33 of 1988) all establishments belonging to or under the control of the central government or state government have been exempted from the provisions of the act. ..... f.13(9)shram/82-pt.ii dated 14.02.1983 and even notification dated 23.12.1988 issued by this department under sub-section (1) of section 17 of the employees provident fund & miscellaneous provisions act, 1952 (central act 19 of 1952) is hereby nullified with immediate effect. ..... arguing further, he submitted that the words in section 2(b) and 2(a) are so clear and unambiguous that no further interpretation need be made to amplify the same and that the provisions made in the enactment of 1989 make it clearer that the respondent institution is a recognized educational institution managed by the private management and is within the effective management of the state government and, therefore, it is entitled to be excluded from the applicability of the central act, 1952. ..... it is submitted that the order of recovery is patently illegal and unjustified because of the fact that the respondent institution does not come under the purview of the act of 1952. ..... 715-737 of 2005 also drew our attention to the counter affidavit filed on behalf of the state of rajasthan and the educational institutions. .....

Ramesh Chandra Sankla Etc. Vs. Vikram Cement Etc.

Court : Supreme Court of India

Reported in : AIR2009SC713; JT2008(8)SC1; (2008)7MLJ801(SC); 2008(10)SCALE112:2008AIRSCW7923

..... it was averred by the company that some of the workmen had even approached the authority under the payment of gratuity act for increased amount of gratuity, thus, clearly exhibiting and admitting to the severance of relationship of master and servant between the parties. ..... 4(b) whether the application filed by the applicant can be heard under sections 31(3), 61 and 62 of mpir act? .....

Mohd. Saud and Another Vs. Dr.(Maj.) Shaikh Mahfooz and Others

Court : Supreme Court of India

..... -a of the code was amended by act 22 of 2002 and the amended section reads as follows:-section 100-a : no further appeal in certain cases : notwithstanding anything contained in any letters patent for any high court or in any instrument having the force of law or in any other law for the time being in force, where any appeal from an original, or appellate decree or order is heard and decided by ..... "the said section was amended by amendment act 46 of 1999 as follows :section 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 or in any other law for the time being in force, (a) where any appeal from an original or appellate decree or order is ..... section 100-a of the code of civil procedure (hereinafter called `the code') was inserted by amendment act ..... the full bench by the impugned judgment has held that after the introduction of section 100-a with effect from 1.7.2002, no letters patent appeal shall lie against the judgment or order passed by a learned single judge ..... the civil suit is still pending, but against the aforesaid interim order dated 9.9.2005 a first appeal under order 43 rule 1 being fao no.386 of 2007 was filed before a learned single judge of the high court who decided it ..... it may be mentioned that the proceedings arose out of an interim order dated 9.9.2005 passed by the additional district judge, fast track court no.iii, bhubaneswar in civil suit no. .....

BurgIn Vs. Dunhill (a Protected Party by Her Litigation Friend Tasker)

Court : UK Supreme Court

..... under the rules as amended when the mental capacity act 2005 came into force (the civil procedure (amendment) rules 2007 (si 2007/2204 (l20)), "patients" in rule 21.1(1)(a) has been replaced by "protected parties", and in rule 21.1(2)(d) a "protected party" is defined as "a party, or intended party, who lacks capacity to ..... the general approach of the common law, now confirmed in the mental capacity act 2005, is that capacity is to be judged in relation to the decision or activity in ..... that in order 80, rule 1, of the former rules of the supreme court, which referred to his "property and affairs"; this phrase also used to appear in part vii of the mental health act 1983 as the definition of those over whose property and affairs the court of protection might take control; and in section 38(2) of the limitation act 1980 as the definition of those under a disability in respect of whom limitation periods did not begin to run. ..... making and re-making of the compromise rule were valid exercises of the rule-making power under the judicature acts, which is now contained in section 99 of the act of 1925." 29. ..... , section 1 of the civil procedure act 1997 gave the civil procedure rule committee power to make rules governing "the practice and procedure" to be followed in the civil courts and as further provided in schedule 1 to the act. ..... with the parties' consent, that the conditions were met for a "leapfrog" appeal under sections 12 to 16 of the administration of justice act 1969 on issue (ii). .....

Welspun Specialty Solutions Limited Through Its Authorised Representat ...

Court : Supreme Court of India

..... before we analyse the award, we need to first ascertain the scope of section 34 of arbitration act, before the 2015 amendment, which provided for certain specific grounds for challenge. ..... , (2003) 5 scc705 the scope of section 34 was expanded to include patent illegality as a ground for challenging the award and held as under : 31 ..... nos.1340 of 2008 and 1339 of 2008 were filed which were disposed of with the following observation: the judgement and order passed by the district judge, dehradun, in arbitration case no.31 of 2004 dated 19th july, 2005, is modified to the extent that the appeal with regard to claim nos. ..... however, the award which is, on the face of it, patently in violation of statutory provisions cannot be said to be in public interest ..... (3) the award could be set aside if it is against the public policy of india, that is to say, if it is contrary to: (a) fundamental policy of indian law; or (b) the interest of india; or (c) justice or morality; or (d) if it is patently illegal. ..... result would be award could be set aside if it is contrary to: (a) fundamental policy of indian law; or (b) the interest of india; or (c) justice or morality, or (d) in addition, if it is patently illegal. ..... this case at hand, the challenge of award is based on the fact that the same is against the public policy and patent illegality. ..... court should not interfere or set aside awards in a casual manner, while doing so this court should come to a clear understanding that the award was patently illegal. .....