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Judgment Search Results Home > Cases Phrase: patents Court: delhi Year: 2004 Page 1 of about 98 results (0.024 seconds)

Apr 06 2004 (HC)

NitIn Dave and ors. Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Apr-06-2004

Reported in : 2004(29)PTC71(Del)

..... or order or direction for declaring the provisions contained in chapter iva and, particularly, sections 24a and 24f of the patents act, 1970 as unconstitutional and to quash and set aside the order made by the respondent no. 2, controller of patents, trade marks and designs, kolkata.2. the petition has also prayed for issuance of an appropriate writ restraining the respondents .....

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Jul 29 2004 (TRI)

Shaw Wallace Distilleries Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jul-29-2004

Reported in : (2004)85TTJ(Delhi)236

..... to it and to refrain from communication. their lordships held that the assessee did not under the agreement become entitled exclusively even for the period of the agreement, to the patents and trademarks of the swiss company, it had merely access to the technical knowledge and experience in the pharmaceutical field which the swiss company commanded. the assessee was on that ..... applied to such payment. the learned counsel relied upon commentary of learned authors kanga and palkhiwala, 8th edition, vol. 1, wherein the learned author have opined that right to use patent or copyrights and payment made therefor is a revenue expenditure under section 37 of the act. section 35a deals with expenditure, i.e., price paid for purchase of copyright or ..... not in the nature of capital expenditure. in this case, the know-how, recent formula not being disclosed by the assessee as discussed above, designs and specifications are undoubtedly patent rights of m/s shaw wallace group. the expenditure under the head royalty in this case is of capital nature. capital expenditure does not necessarily mean to be one time ..... of agreement between balbir distilleries ltd. and shaw wallace & co. ltd. further, the argument of the authorised representative that after the agreement, the company started producing and selling branded and patented goods of shaw wallace successfully holds no water as prior to agreement only, majority shareholding was acquired by the shaw wallace group company and as a result of this all .....

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Jun 30 2004 (HC)

Super Cassette Industries Ltd. Vs. Entertainment Network (India) Ltd.

Court : Delhi

Decided on : Jun-30-2004

Reported in : AIR2004Delhi326; 112(2004)DLT549

..... . mr. sibal submitted that section 31 of the copyright act had not been comprehensively drafted and whatever has been mentioned in section 135b of the u.k. copyright, designs and patents act must be read into section 31 of in order to give it a proper meaning. he submitted that there are no precedents to support his submission because no judgment ..... of the act.39. mr. sibal has placed reliance on 'copinger and skone james on copyright' and drawn our attention to section 135b of the u.k. copyright, designs and patents act, 1988, which reads as under:-' 135b.--(1) a person intending to avail himself of the right conferred by section 135c must -- (a) give notice to the licensing body of .....

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Dec 20 2004 (TRI)

Hindustan Motors Ltd. Vs. Cc (Sea)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Dec-20-2004

Reported in : (2005)(126)LC364Tri(Delhi)

..... "licensed vehicles and the parts and components therefore"; that as per article 2.1, mitsubishi has granted to the appellants a non-exclusive license to the technical assistance and the patents solely for purpose of assembling and manufacturing the licensed products and selling the same in specified territories; that according to article 1.5, "technical information" means all the lists, specifications ..... also, a perusal of the "license and technical assassinated agreement" reveals that m/s.mitsubishi had granted to hindustan motors ltd. a license to use the technical assistant and the patents solely for assembling and manufacturing the licensed product and the conditions of payment of consideration (yen 451,220,000) would be in three instalments without any reference to the goods .....

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Apr 19 2004 (HC)

Uma Shankar Vs. Hindustan Carbide Pvt. Ltd.

Court : Delhi

Decided on : Apr-19-2004

Reported in : 111(2004)DLT270; [2004(101)FLR1038]; (2004)IIILLJ520Del; 2004(3)SLJ344(Delhi)

..... thereafter was to be paid month to month. the management had approached the hon'ble division bench against the orders under section 17b and upon issuing notice of the letters patent appeal no. 339/2001, the division bench recorded the undertaking of the learned counsel for the management that the entire awarded amount would be deposited within six weeks. the division ..... operation of the impugned order under section 17b, conditional on this deposit being made. the challenge to the order under section 17b ended or. 10.12.2001 when the letters patent appeal no. 339/2001 was disposed of with the direction that the aggregate of the last wages drawn should be released to the workman unconditionally, but so far as the ..... regret that counsel for the appellant has not honoured his undertaking to the court to deposit the entire awarded amount within six weeks, at the first hearing of the letters patents appeal no. 339/1991 as is evident from a reading of orders dated august 9, 2001. no deposit was made, but even then the only effect of this failure would .....

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Apr 15 2004 (HC)

Glaxo Smithkline Consumer Healthcare Gmbh and Co. Kg and anr. Vs. Anch ...

Court : Delhi

Decided on : Apr-15-2004

Reported in : 2004(29)PTC72(Del)

..... including the plaintiffs.15. this court further is of the view that zig zag s bend is a utilitarian and functional part regarding which the plaintiffs had even obtained a patent on the ground that this zig-zag bend introduces mere flexibility in the tooth brush. by merely putting some rubber cushions in the gaps this part does not become a ..... . it is also submitted that the plaintiffs had filed the application dated 5th january, 1996, regarding present design registration no. 170554 and the certificate was issued by the controller of patents & designs on 4th april, 1997, but still during the pendency of aforesaid suit and till the orders were passed by hon'ble justice dr. m.k. sharma on 26th november ..... a new and original design and there was nothing new in the said design. it is pleaded that the 's' shaped flexi neck was registered as a patent by the plaintiffs under the us patent laws which establishes the utilitarian aspect thereof and as such it is not registerable as a design. it is thus asserted that 's' shaped flexible neck in .....

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Jun 29 2004 (TRI)

Joint Commissioner of Income Tax Vs. Modi Olivetti Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jun-29-2004

Reported in : (2004)84TTJ(Delhi)1038

..... 40. the assessee pleaded before the ao that purchase of raw material from the foreign collaborator was necessary because the plant and machinery used by the assessee was based on patents and designs supplied by the collaborator. it was also pointed out that the purchases were effected from the collaborator and its approved vendors.the ao was of the view that .....

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Jun 07 2004 (TRI)

Aviat Chemicals Pvt. Ltd. Vs. Cce (Service Tax)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Jun-07-2004

Reported in : (2004)(94)ECC465

..... up the appeal for hearing and disposal.2. we have perused the records and heard both sides. the appellant is a manufacturer of medicines. it entered into an agreement for patents, trademarks, brand names, etc. under registered user agreements, and/or licensed user agreement, the appellant allowed other manufacturers to produce medicines under trademarks owned by it. under the impugned order .....

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Aug 30 2004 (TRI)

Barbour Vardhman Thread Ltd. Vs. Cc

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Aug-30-2004

Reported in : (2005)(98)ECC293

..... drawn our attention to technical collaboration agreement between m/s. barbour campbell ltd. and the appellants, according to which technical know-how shall mean and made all inventions, processes, formulations, patents, engineering and manufacturing skills and other technical information relating to the licensed product. the licensed product means only sewing threads, twines and braids, thus, the price paid by them for ..... held in the case of daewoo motors india ltd. v. cc, 2000 (115) elt 489 (tri), relied upon by the learned advocate that the payment for the licensed information and patent has nothing to do with the working of the plant and, therefore, lumpsum payment made by the appellants had no connection, whatsoever, in the working of the capital goods imported .....

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Jan 16 2004 (HC)

Mr. D.M. Talwar Vs. Delhi Development Authority

Court : Delhi

Decided on : Jan-16-2004

Reported in : 109(2004)DLT514; 2004(72)DRJ747

..... v. union of india : 1978crilj1281a . in the leading judgment it has been observed that mechanics of price fixation have necessarily to be left to the executive and unless it is patent that there is hostile discrimination against a class the rocessual basis of price fixation has to be accepted in the generality of cases as valid.'' 7.2 the next case ..... expressed by the larger bench in sheela wanti case (supra).'' 7.5 clearly, the mechanics of price fixation have necessarily to be left to the executive and unless it is patent that there is hostile discrimination against a class the processual basis of price fixation has to be accepted in the generality of cases as valid. in this case such no .....

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