Court : Intellectual Property Appellate Board IPAB
..... the commissioner of income tax (166 itr 723 karnataka) the honble karnataka high court held that the limit on the jurisdiction of the tribunal and consequently that of the high court in a reference to go into the question of vires of a provision of law is not confined to the provisions of the act alone but extends to statutory rules and notifications issued under the act. ..... before the present trade marks act, 1999 and patents act, 1970 as amended came into force, the acts that were in existence was the trade and merchandise marks act, 1958 and patent act, 1970 (prior to amendment). ..... this has to be borne in mind with regard to all the questions that arise under chapter xi of the trade marks act or for that matter chapter xix of the patents act. ..... in addition, rule 18 enables the tribunal to pass orders to secure the ends of justice. ..... r.gandhi, president, madras bar association (2010 (11) scc 1) civil appeal no.3067 of 2004, the honble supreme court dealt with in detail the history of the tribunals, the independence of tribunal. ..... (1996 stpl (le) 21401 sc) in this case, the inherent power to recall an order, if it is obtained by fraud was considered. ..... (iii) in kalabharati advertising vs. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... informed that on an application by the appellant before the patent office in india, after an exhaustive scrutiny and satisfying on all grounds exclusive marketing rights were granted to it on the same drug on 10.11.2003 based on the prevailing law, [section 24a of the patents act, 1970 as amended by the the patents (amendment) act,1999 ]. ..... the guidelines for examination in the european patent office chapter iv under the heading enabling disclosure of a prior document a copy of which was also annexed with the written submission, containing the following extract therefrom :- subject-matter described in a document can only be regarded as having been made available to the public, and therefore as comprised in the state of the art pursuant to art.54(1), if the information given therein to the skilled person is sufficient to enable him, at the relevant date of the document (see iv, 7.3) to practice the technical teaching which is the subject of the ..... for making judgment regarding patentability of invention: r 6 and r 7 objected that the appellant intentionally did not disclose the prior art of cancer research article of january 1, 1996 which disclosed the compound imatinib mesylate but disclosed another article of 1996, the nature medicine where there has been no reference to the salt of imatinib which has clearly increased the scope of patentability of the invention before the patent office [see paragraph 7(13) supra] to which the appellant contradicted [see paragraph 7(14) supra]. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... the present trade marks act, 1999 and patents act, 1970 as amended came into force, the acts that were in existence was the trade and merchandise marks act, 1958 and patent act, 1970 (prior to amendment) section 108 of the trade and merchandise marks act, 1958 dealt with the procedure for application for rectification before a high court under section 47 or section 56 of the said act ..... ptc 627; air 1970 sc 150) the honble supreme court held that the aim of the rules of natural justice is to secure justice and they can appeal only in areas not covered by any law validly made. ..... be granted without hearing the other side as provided for in section 95 (2) with regard to interim orders pending appeal; iii) if the trade mark or patent has been in force for a considerable period that will be a condition against grant of interim order; iv) factors like prima facie case, balance of convenience, irreparable injury and hardship shall be kept in mind; and v) it is preferable that the order is so worded as to bind only the parties to the proceedings and no one else ..... regard to all the questions that arise under chapter xi of the trade marks act or for that matter chapter xix of the patents act. ..... and others (air 2004 sc 1975) the honble supreme court prescribed certain guidelines as to what should work at the back of the mind of a person ..... 1996 supreme court 2592) the honble supreme court held the principle that the power of review where fraud is alleged springs not from the legislation but from the .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... the provisions of a welfare legislation courts should adopt what is sometimes described as a beneficent rule of construction; but, apart from this general consideration about the policy and object of the act, sections 78 and 84 occurring in the same chapter as section 79 clearly indicate that section 79(1) is not intended to standardise leave provisions as contended by the appellant, and that is the second reason why the ..... the ayyangar committee report it was said, it would be of advantage therefore if the applicant is required to state whether he has made any application for a patent for the same or substantially the same invention as in india in any foreign country or countries, the objections, if any, raised by the patent offices of such countries on the ground of novelty or unpatentability or otherwise and the amendments directed to be made or actually made to the specification or claims in the ..... the hindustan lever case we had held that it was in order to secure disclosure of the relevant information regarding the foreign applications that the ..... 2004 boards of appeal of the european patent office, it was held "indeed, according to established case law of the ..... the therasense judgment it was held that in order to prevail on a claim of inequitable conduct such as misrepresentation or concealment, the respondent has to prove by clear and convincing evidence that the applicant (i) knew of the reference, (ii) knew that it was material and (iii ..... 1996 marked and annexed as exhibit r9 of the .....
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