Court : Intellectual Property Appellate Board IPAB
..... 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 said certificate granted an exclusive right to sell or distribute the beta-crystalline form of imatinib mesylate and its dosage forms to ..... rights, compulsory licenses and others. india, to a large extent complied with its obligations under the trips through a series of amendments to its existing laws. the patents act, 1970 was first amended by the ordinance in december 1994 which was replaced by the patents (amendment) act, 1999 (act 17 of 1999), which was deemed to have come into the force on 1.1.1995. the first .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... been brought into force though they continue to remain in the statute books. this section 47 of the patents (amendment) act, 2002 was brought into force by a notification by the government of india dated 02.04.2007. but it is a settled law that a right of appeal is a vested right and the aggrieved party in any proceedings can not be ..... far as the general proposition of law is concerned that the appeal is a vested right there is no quarrel with the proposition but it is clarified that such right can be taken away by a subsequent enactment either expressly or by necessary intendment. the parliament while amending section 100a of the code of civil procedure, by amending act 22 of 2002 with effect .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... 69, section 78, section 84, section 86, section 88 (3), section 89, section 93, section 96 and section 97. 14. since section 47 of the amending act was not operational on the date of hearing the appeals against the decisions passed by controller of patents pertaining to the opposition under section 25 (1) were available as per ..... the any decision, order or direction of the controller. but this section 47 of the patents (amendment) act, 2002 as further amended by the section 60 of the 2004 ordinance and as further amended by section 61 of the patents (amendment) act, 2005 has yet not been brought into force even on the date of hearing by respondent no.2 ..... [i.e. the procedure relating to opposition] is a pure procedural amendment. it is well established both under the general clauses act as well as by judicial precedents that no litigant has a vested right in procedure and where there is an amendment in procedural law without impacting the substantive rights of parties; the same could be made .....
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