Skip to content


Judgment Search Results Home > Cases Phrase: patents Court: chennai Year: 2007 Page 1 of about 79 results (0.044 seconds)

Aug 06 2007 (HC)

Novartis AG represented by It's Power of Attorney Ranjna Mehta Dutt Vs ...

Court : Chennai

Decided on : Aug-06-2007

Reported in : (2007)4MLJ1153

..... however, any protection which a member country provides, which is more extensive in nature than is required under 'trips', shall not contravene 'trips'. article 27 speaks about patentability. lengthy arguments have been advanced by learned additional solicitor general appearing for the government of india, learned senior counsels and learned counsels appearing for the pharmaceutical companies that india ..... law legislated by the indian government. only in discharging their obligations under 'trips', several amendments, including the amended section, were brought into the statute book namely, patents act, by the government. therefore they argued that when equal opportunities commission case can be distinguished on facts, it would be inappropriate to rely upon the same to ..... amended section itself to understand the expression 'enhancement of the known efficacy' namely, what would be treated as 'enhanced efficacy', an uncontrolled discretion is given to the patent controller to apply his own standards, which may not be uniform, in deciding whether there is enhancement of the known efficacy of that substance. such wide discretion ..... bhushan and mr. habibulla badsha, learned senior counsels appearing for the petitioners; mr. v.t. gopalan, learned additional solicitor general for the government of india and the controller of patents and designs; mr. anand grover, learned counsel; mr. p.s. raman learned senior counsel; mr. aravind p datar learned senior counsel; mr. k.m. vijayan learned .....

Tag this Judgment!

Jan 05 2007 (HC)

K. Ramu Vs. Adyar Ananda Bhavan and Muthulakshmi Bhavan

Court : Chennai

Decided on : Jan-05-2007

Reported in : LC2007(1)352; (2007)2MLJ907; 2007(34)PTC689(Mad)

..... supra), the hon'ble supreme court held that when the plaintiffs were merely camouflaging a substance whose discovery was known through out the world, the patent is liable to be revoked.30. the facts in the above supreme court decision are totally different from the case on hand and therefore that decision ..... invented a process of their own which prevents the browning of sweets even though fructose is used in the manufacture. thus they applied for patent right for process and also the end product making use of the process. both the rights are granted by the authorities and therefore the ..... to by them in support of their submissions.12. the learned senior counsel has submitted that the plaintiff has been issued with patent registration certificate for both process patent and product patent and in such circumstances a prima facie case has been made out in favour of the plaintiff. he refers to 2j, ..... the plaintiff.9. in their counter affidavit the defendant contended that the plaintiff made misrepresentation and played fraud upon the authorities for getting the patent rights and therefore they are taking steps to revoke the grants. it is denied by the defendant that they copied the applicant's inventions ..... resulting in the plaintiff's products.6. while so, the plaintiff was shocked and surprised to know that the defendant is violating the registered patent rights and he is selling sweets containing fructose in all his sweet shops. the products of the defendant are identical to the product of .....

Tag this Judgment!

Jul 19 2007 (HC)

Fdc Limited and ors. Vs. Sanjeev Khandelwal and ors.

Court : Chennai

Decided on : Jul-19-2007

Reported in : LC2007(3)139; 2007(35)PTC436(Mad)

..... for exploitation to cripple business rivals without adducing any proof of their alleged infringement. it is specifically and vehemently denied that the revision petitioners are infringing the plaintiffs patented process in order to manufacture their products. 27. it is also denied by the revision petitioners that the non existence of a combined dose of the four ingredients ..... inventions are worked in india on a commercial scale and to the fullest extent that is reasonably practicable without undue delay; and that the protection and enforcement of patent rights contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and ..... decisions relied upon by the revision petitioners are made in the context of article 226 of the constitution of india. further the plaintiffs on earlier occasions filed their patent and trade mark infringement suits against other pharmaceutical companies in other parts of the countries as well for similar relief and obtained decrees as well. so it is ..... the file of the learned principal district judge, thiruvallur against the revision petitioners and others seeking for the relief of permanent injunction, particularly restraining them from infringing the respondents registered patent no. 197822 and trade mark cefi-xl. pending disposal of the main suits, the respondents filed interlocutory applications in i.a. nos. 141, 144, 147, 150, 153, .....

Tag this Judgment!

Sep 05 2007 (HC)

Parle Products Private Limited represented hereIn by It's Area Sales M ...

Court : Chennai

Decided on : Sep-05-2007

Reported in : LC2007(3)438; 2007(35)PTC542(Mad)

..... , dated 23.11.2005 was sent to the respondent, but it elicited no positive response from the respondent. the respondent has filed an application for cancellation before the controller of patents and designs, calcutta. but, since they fail to file the statement of case, there is no further progress and the proceedings are deemed to be abandoned.4. according to the .....

Tag this Judgment!

Feb 28 2007 (TRI)

Frontier Offshore Exploration Vs. the Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Chennai

Decided on : Feb-28-2007

..... true that in some cases, a trading receipt may contain a fraction of the sum as taxable income, but in other cases such as interest, commission, transfer of rights of patents, goodwill or drawings for plant and machinery and such other transactions, it may contain a large sum as taxable income under the provisions of the act. whatever may be the .....

Tag this Judgment!

Jan 29 2007 (HC)

Commissioner of Income Tax Vs. Southern Petrochemical Industries Corpo ...

Court : Chennai

Decided on : Jan-29-2007

Reported in : (2007)211CTR(Mad)116; [2007]292ITR362(Mad)

..... .3.3. section 32 of the act reads as follows:32. depreciation - (1) in respect of depreciation of (i) buildings, machinery, plant or furniture being tangible assets;(ii) know-how, patents, copyrights, trademarks, licences, franchises or any other business or commercial rights of similar nature, being intangible assets acquired on or after the 1st day of april 1998, owned wholly or .....

Tag this Judgment!

Jun 27 2007 (HC)

Commissioner of Income Tax Vs. Tvs Lean Logistics Ltd.

Court : Chennai

Decided on : Jun-27-2007

Reported in : (2007)212CTR(Mad)523; [2007]293ITR432(Mad)

..... refer explanation 1 of section 32(1) of the act. 32. depreciation(1) in respect of depreciation of -(i) buildings, machinery, plant or furniture, being tangible assets;(ii) know-how, patents, copyrights, trade marks, licences, franchises or any other business or commercial rights of similar nature, being intangible assets acquired on or after the 1st day of april, 1998,owned, wholly .....

Tag this Judgment!

Dec 10 2007 (HC)

K.V. Ananthakrushnan Vs. the Registrar, High Court,

Court : Chennai

Decided on : Dec-10-2007

Reported in : (2008)1MLJ9

..... to be as such in the respective places. those chartered high court exercised different powers apart from exercising power provided under the presidential towns. they have been empowered by letters patent to exercise jurisdiction under admiralty matters, testamentary and intestate, matrimonial cases, original side, etc. it was submitted that in andhra coffee & flour mills v. brooke bond india ltd. ..... and law administered in any existing high court shall be the same as immediately before preceding the commencement of the constitution of india. according to the 3rd respondent, letters patent, being a law in force in the territory of india immediately before the commencement of the constitution, will continue to be in force and operative except to the extent ..... be revoked, and that some of the powers and provisions thereby granted and made should be granted and made with amendments and additional powers and provisions by fresh letters patent:3. learned counsel for the petitioner referred to the history of establishment of courts in india, cited a number of books and made submissions, as referred hereunder:queen elizabeth ..... , original and appellate, and all such powers and authority for and in relation to, the administration of justice in the said presidency of her majesty might, by such letters patent as aforesaid grant and direct, subject, however, to such directions and limitations as to the exercise of original, civil and criminal jurisdiction beyond the limits of the presidency town, .....

Tag this Judgment!

Mar 22 2007 (HC)

itc Limited Rep. by Its Constituted Attorney, Subhatosh Banerjee Vs. t ...

Court : Chennai

Decided on : Mar-22-2007

Reported in : 2007(2)CTC577; (2007)5MLJ897; (2007)7VST367(Mad)

..... and collect tax on the goods entering into the local areas of the state for consumption, use or sale therein, the compensatory nature of the levy stands demonstrated and made patent from the statistical data furnished above in relating to the expenditure involved for the purposes and objects mentioned in the impugned enactment corresponding to the actual amount collected by way ..... submitted that as per the preamble to the impugned enactment the quantifiable data on the basis of which the compensatory tax is sought to be levied has been facially and patently indicated in the manner. that is necessary to augment the revenue of the state to compensate the expenditure to provide trading facilities including laying and maintenance of roads and provision ..... .46. applying the above tests/parameters, whenever a law is impugned as violative of article 301 of the constitution, the court has to see whether the impugned enactment facially or patently indicates quantifiable data on the basis of which the compensatory tax is sought to be levied. the act must facially indicate the benefit which is quantifiable or measurable. it must ..... submitted that the essence of compensatory tax is that the services rendered or facilities provided should be more or less commensurate with the tax levied and tax should not be patently more than what was required to provide trading facilities. it was submitted that the tax imposed for augmenting general revenue of the state is not compensatory; that any tax law .....

Tag this Judgment!

Mar 15 2007 (HC)

Villiupuram Market Committee, Rep. by Its Special Officer, Vs. K. Seka ...

Court : Chennai

Decided on : Mar-15-2007

Reported in : (2007)3MLJ666

..... proceedings of the remedy, which was invoked by the writ petitioner under article 226 of the constitution of india. in other words, the letters patent appeal as against an order passed under article 226 of the constitution cannot be dealt with in isolation or disjunctive of the parent proceeding, namely the ..... and hold that the code of civil procedure will have no application in respect of the writ appeal proceedings filed under clause 15 of the letters patent, though it is an appellate proceedings, it is nonetheless the continuation of the proceedings initiated under article 226 of the constitution, to which the ..... in a discussion of the relevant aspects of article 226 of the constitution though such a writ appeal is preferred under clause 15 of the letters patent. in this context, it will be wroth while to refer to the decision of the honourable supreme court reported in (umaji keshao meshram v. ..... is one preferred under article 226 of the constitution of india. however, the writ appeal is one preferred pursuant to clause 15 of the letters patent of this court. we are adverting to this fact for the purpose of showing that we are exercising appellate jurisdiction, and not a jurisdiction ..... respective parties, at the outset, we wish to (sic) clear (sic) the position, whether the code of civil procedure is applicable to the letters patent appeal in order to enable the writ petitioner to maintain his cross-objection. in this respect, when we perused the decisions relied upon by the learned .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //