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Judgment Search Results Home > Cases Phrase: patents Court: chennai Page 5 of about 5,310 results (0.030 seconds)

Jul 04 2014 (HC)

The Inspector General of Registration Vs. K.P.Kadar Hussain

Court : Chennai

..... were under valued. consequently, the views taken by the learned single judges, in allowing the writ petitions, filed by the respondents, do not suffer from any material irregularity or patent illegality in the eye of law. resultantly, the writ appeals fail. 47.in the result, the writ appeals are dismissed, leaving the parties to bear their own costs. ..... : appeal filed under clause 15 of the letter patents as against the order dated 21.03.2013 in w.p.no.5264 of 2013 passed by the learned single judge. for appellants : mr.al.somayaji advocate general asst ..... & 1922/2013: appeal filed under clause 15 of the letter patents as against the order dated 27.03.2013 in w.p.nos.3756 & 3757 of 2013 passed by the learned single judge. prayer in w.a.no.2026/2013 ..... 1773/2013: appeal filed under clause 15 of the letter patents as against the common order dated 23.04.2013 in w.p.nos.9258 to 9261 of 2013 passed by the learned single judge. prayer in wa.nos.1921 ..... & 1922/2013 k.p.syed firoze ..respondent in wa.no.2026/2013 prayer in wa.nos.1436 & 1437/2013: appeal filed under clause 15 of the letter patents as against the common order dated 08.01.2013 in w.p.nos.29638 & 29799 of 2012 passed by the learned single judge. prayer in wa.nos.1770 to .....

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Sep 08 2010 (HC)

Aloys Wobben Argestrasse.Vs. Enercon (India) Limited, and anr.

Court : Chennai

..... to have been decided by the tribunal at the first instance. that the tribunal has mixed the concept of locus standi and concept of person interested as defined under the patents act and therefore, the order of the tribunal calls for interference. that the finding of the tribunal is that the proceedings before the company law board will not affect the ..... is by stating that in terms of the articles of association of the first respondent company mr.yogesh mehra lacks the competence to file the petition for revocation of the patents and reliance was placed on articles 128(1), 157, 158(1), 170(14) and 171(4) of the articles of association of the company. it was further contended that even ..... "as the tribunal") the second respondent herein, in various miscellaneous petitions filed by the petitioner in the original revocation applications pending before the tribunal. 2. the matter arises under the patents act. the facts which are necessary for the disposal of the writ petition could be briefly set out as hereunder:-the first respondent herein (hereinafter referred to "as the company ..... ") had filed 18 original revocation applications before the tribunal for revocation of the patent granted in favour of the writ petitioner under section 64 of the patents act. in the said original revocation application, the writ petitioner filed the miscellaneous petitions for dismissal of the original petitions. the case of the .....

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Jun 26 2013 (HC)

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

..... 65 (105)(zzzzt). therefore, the respondents may be justified in stating that when temporary transfer of other categories of intellectual property such as designs, patents and trademarks are liable to service tax, there is no justifiable reason to exclude copyright services from such category.99. re.contention aspect principle :- the ..... section 65 (12)(a)(i).98. it is to be stated permission to use and transferring temporarily or enjoy the intangible goods such as designs, patents and trademarks were subject matter of levy to service tax from 2004. though copyright is also once such intangible item, it was excluded from the ..... goods which are taxable at the rate of 4 per cent) ----------------------------------------------------------------------------- sl. no.description of the goods commodity code number ----------------------------------------------------------------------------- 70. intangible goods like copyright, patent, rep licence 2070 ----------------------------------------------------------------------------- 57. there have been several decisions of the hon'ble supreme court on the interpretation of the word goods in the context of ..... )(a) of the said act.2. introduction - service tax on copyrights: when service tax was levied on 'intellectual property services' namely trademarks, designs, patents or any other similar intangible property, with effect from 10.9.2004, copyright was specifically excluded from the definition of intellectual property rights (iprs). copyright is .....

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Mar 14 1977 (HC)

Commissioner of Income-tax Vs. I.A.E.C. (Pumps) Ltd.

Court : Chennai

Reported in : [1977]110ITR353(Mad)

..... dealing with the payment of the amount in question expressly provides for the said payment for the know-how and use of the names and patents, etc., of aturia and for the manufacture of units commercially saleable and for general fulfilment of other conditions of the agreement. the provision ..... the same subject to the approval of the government of india; (3) during the currency of the agreement, aturia had undertaken not to surrender its patents without the consent of the assessee and to make available to the assessee any improvements, modifications and additions to designs; (4) aturia has, also ..... knowledge for the manufacture of any particular item for a specified duration then he had acquired only a licence to use the other party's patent and knowledge and the amount would constitute ' revenue expenditure '. it is against the background of this general position we have now to consider ..... be treated as revenue expenditure for the services rendered by the foreign collaborators such as grant of licence for the manufacture of submersible pumps, use of patent and trade marks and training of indian engineers, etc. and.the other 50% should be treated only as capital expenditure. against this order of ..... the assessee to manufacture and sell electric submersible pumps up to 12 hp; clause (ii) dealt with supply to the assessee with a copy of patents deposited in india and in force in various countries such as united states, germany and england ; clause (iii) provided that the assessee will have .....

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Mar 25 1975 (HC)

Transformer and Switchgear Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Reported in : [1976]103ITR352(Mad)

..... of an exclusive licence covering the inventions, etc., defined in sub-paragraph (a), whether they be protected or not, and including the industrial protection rights appertaining to them (patents, rights from patent applications and registered designs). the duration of the licence is equal to the duration of this agreement. the territory for which the licence is granted is india. transformer & switchgear ..... assistance for establishment, starting of work and operation of the work; secondly, giving technical know-how for the manufacture; and thirdly, grant of right to use the licences, patents, etc. in the view of the tribunal the fee paid for the first category of assistance was capital in nature. since the assessee was never manufacturing transformer at any earlier ..... & switchgear give to one another in pursuance of this agreement are to be kept strictly secret from all third parties in so far as they have not been disclosed by patents. this particularly concerns inventions, etc., made by the parties in the field of the contract matter, improvements, etc., thereto. all communications between the parties which are marked ' ..... assign the licences and/or to grant sub-licences. dominit shall determine the kind and the extent of any and all rights of industrial protection (i.e., patent rights, rights under patent applications and registered designs) in the field of the contract matter. the industrial protection rights in the field of the contract matter are, remain or shall become .....

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Aug 02 1977 (HC)

Shantilal Paramshankar Joshi, Sole Prop., Espee and Co. Vs. themis Dis ...

Court : Chennai

Reported in : (1979)1MLJ213

..... and ask in the alternative for damages based on the profits which the infringers could have obtained by making a wrongfully use of the plaintiff's patent. the learned trial judge exercised his discretion and granted' this alternative prayer. we have had occasion to consider the import of such a request by ..... a time when there was no statutory provision is pressed into service by the learned counsel for the appellant. but for section 60 of the english patents act 1949, and even the general law as is applied and accepted in india, probably this argument is attractive. but, we cannot brush aside ..... and directing that on the plaintiff paying the court-fee due on that ascertained amount there would be a decree declaring the validity of the plaintiff's patent. the matter was again posted, after delivery of the judgment, for certain clarifications. once again the learned judge on 8th april, 1974, after ..... trial and after looking into the oral and documentary evidence, that the plaintiff was the true and first inventor of the product and that the patent claimed by the plaintiff was already known in india. on a comparison of the material objects placed before him viz., the one invented by the ..... by the defendants or loss suffered by the plaintiff by manufacturing and/or selling and/or using since the defendants commenced infringement thereof; during the patent period of such profits by the defendants or loss suffered by the plaintiff by ordering payment of such sums as the hon'ble court may .....

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Oct 04 2010 (HC)

Bajaj Auto Ltd. Bombay Pune Road, Vs. Tvs Motor Company Ltd.,

Court : Chennai

..... asking the plaintiff to lead primary evidence. (g)the plaintiff has made a categorical assertion in the plaint that they would prove the groundless threat and non-infringement of patent by adducing evidence. therefore, they should have been called upon to produce evidence in support of their contentions. (h)the order passed by the learned single judge directing ..... reputed business house engaged in the manufacture of automobile products.(b)the declaratory relief sought for by the plaintiff does not come under the purview of section 106 of the patents act. to grant a declaratory relief as to non-infringement, the plaintiff ought to have complied with the procedures contemplated under the act viz., plaintiff should have applied ..... /or all those in active concert and participation with them from continuing the issuance of threats that the plaintiff is infringing the defendant's patent no.195904 and/or that the defendant is contemplating infringement action against the plaintiff or threats of like nature and import, directly or indirectly in any manner including by ..... action against plaintiff are unjustified; (b)declaring that the plaintiff's product tvs flame which uses two spark plug with screw-fitted sleeve and three valves does not infringe patent no.195904 of the defendant;(c)granting permanent injunction restraining the defendant by themselves or through their agents, servants, licensees, employees and distributors and anyone claiming through them and .....

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Sep 21 2012 (HC)

Salzer Electronics Ltd Vs. Sg Controls and Switchgear

Court : Chennai

..... applicant had distinguished the relevant prior arts, which explicitly brings out the difference from each of the prior art. the applicant had also explained the difference between the us patent and salzer patent. 10. in the light of these rival contentions, it has to be seen whether the applicant has made out any case for the grant of an interim order? ..... assembling. every manufacturers of the cam operated rotary switches use the same red and yellow colour. therefore, the applicant cannot claim and exclusive right over the said colour. in claiming patent referring to prior art, the plaintiff had stated that "modern rotary switches are, however, more complex and standardized. the selective switching action between pole(s) and load terminal(s) ..... counterfeit rotary switches using the applicant's identical technology. the intention of the first respondent was obvious. they by their wrongful activities had committed the acts of infringement of the patent. the second respondent is the dealer of the first respondent's impugned product. the specification of the applicant's product as well as the respondents' product was set out ..... had purchased the respondents' product and dismantled the same to know its dimensions and specifications. it is apparent that the respondent had imitated all features of the applicant's patented product. the applicant had issued a legal notice on 08.04.2010 calling upon the respondents to cease and desist from manufacturing the product. the first respondent by reply .....

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Mar 25 1975 (HC)

Fenner Woodroffe and Co. Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Reported in : [1976]102ITR665(Mad)

..... the assessee was to pay 5% royalty on the net selling price of all laminated products made and sold by it in accordance with the patented processes. when the total of the royalty payment reached 5,000, the assessee was no more liable to pay royalty. under another agreement ..... pharma was on that account a mere licensee for a limited period of the technical knowledge of ciba basle with a right to use the patents and trade marks. ciba pharma was prohibited from divulging or assigning the information or data connected with the manufacturing process received by it. on ..... relied on the following facts: ciba pharma did not under the agreement become entitled exclusively even for the period of the agreement to the patents and trade marks of the swiss company. it had merely access to the technical knowledge and experience in the pharmaceutical field which ciba basle commanded ..... by ciba pharma...2%10%18. ciba pharma was prohibited from divulging or assigning the benefit of the agreement or sub-licensing of the patents and trade marks to third parties without the consent of the swiss company any confidential information received under the agreement. the agreement further provided ..... the phrase, sui generis. it is not easily compared with factory or office buildings, ware-houses, plant and machinery or such independent legal rights as patents, copyrights or trade marks, or even with goodwill. 'know-how' is an ambience that pervades a highly specialised production organisation and, although i think .....

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Jul 14 2000 (HC)

Britannia Industries Ltd. Vs. Sara Lee Bakery

Court : Chennai

Reported in : AIR2000Mad497

..... design and in the said proceedings, the applicant/plainliff took notice. thus, it is obvious that the designs of both the parties have been registered by the controller general of patents, designs and trademarks and both of them have initiated separate proceedings to cancel their respective design registration.18. it is the contention of the respondent through the counter-affidavit dated ..... on 1-4-1999 through the design registration certificate bearing no. 179167. thus, it is clear that both the parties have registered their respective designs before the controller general of patents and designs and trademarks.15. it is the contention of the applicant/ plaintiff that under section 51-a of the act. he filed an application for cancellation of the registration ..... gist of his submission is as follows :--'the applicant/plaintiff is the registered proprietor of the design bearing no. 171091 dated 11-4-1996 issued by the controller general of patents & designs and trademarks, the novelty being in the shape and configuration of the biscuit. by the grant of registration under section 47 of the designs act, the applicant would ..... . the sign of the respondent's biscuit ts entirely different from the applicant's biscuit. the differences arc easily perceivable even by young customers. in fact, the controller of patents and designs has already recognized this fact and has granted a design registration certificate on 1-4-1999 in respect of the respondent's biscuits. (d) the applicant's biscuits .....

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