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Judgment Search Results Home > Cases Phrase: patents Court: gujarat Page 1 of about 1,904 results (0.045 seconds)

Feb 19 1982 (HC)

Anup Engineering Ltd. Vs. the Controller of Patents Office, New Delhi ...

Court : Gujarat

Reported in : AIR1982Guj250; (1982)2GLR14

..... in a proper proceeding, particularly when he expressed in clear and categorical terms to respondent no. 1 that he desired to eppose the grant of any patent to respondent no, 3 in regard to the aforesaid machinery.19. mr. shelat, the learned advocate could not satisfy us as to how the aforesaid ..... the petitioner-company.16. in the case before us, we are convinced beyond any doubt that on a plain reading of s. 25 of the patents act, 1970, a citizen is having a statutory legal right of lodging his objections and/or opposition within a period of four months from the date ..... to lodge its objections and opposition before the statutory office was very much subsisting within a period of 4 months as provided in s. 25 of the patents act, 1970, and to ventilate its grievance, the petitioner-company took out two proceedings, viz. (1) the petitioner-company filed the aforesaid first appeal in ..... and which also contained the application of the petitioner dt. feb. 15, 1980.11. on mar. 7, 1980, respondent no. 1, the controller of patents intirriated to the petitioner-company that the application of the petitioner-company cannot be entertained.12. it was under these circumstances that the petitioner-company had a genuine ..... on these f acts, there was no dispute before us as can be significantly noticed even from the affidavit-in-reply filed by the deputy controller of patents and designs on behalf of respondent no. 1.8. it appears, that the said application was not received by respondent no. x by feb. 20, .....

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Apr 25 2008 (HC)

Garware-wall Ropes Ltd. Vs. Techfab India and 5 ors.

Court : Gujarat

Reported in : LC2008(3)192

..... connection with, any such examination or investigation or any report or other proceedings consequent thereon. therefore, the legislators have very clearly and unambiguously stated that grant of a patent does not warrant any validity and, therefore, a separate provision has been provided in section 113(1) authorizing the high court in such proceedings as the present matter to ..... the gabion is fairly well established with numerous manufacturing productions, design, methodology and guidance for the gabion products.23. mr. nanavati has further submitted that rope can not be patented by any one because it is available in various forms and it varies in its strength, dimension, density, thickness, abrasion resistance, thermal stability etc. all these details are ..... more flexibility, non-corrosive, having more strength and capable to take the contour of the ground level. he has, therefore, submitted that mere challenging the validity of the patent is not sufficient for not granting of injunction. the respondent has to establish a strong case of invalidity. the respondent has failed to produce any material for establishing prior ..... 26.10.2005 and while vacating the ad-interim injunction, the learned single judge has observed that in case the respondents feel that impugned gabions are different than the patented srg invention of the appellant, the respondents were free to manufacture and sell the impugned gabions. the learned single judge has, however, directed the respondents to maintain .....

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Mar 13 2008 (HC)

Oil and Natural Gas Corporation Ltd. Vs. Sankarji Hemaji and anr.

Court : Gujarat

Reported in : (2008)2GLR1226

..... the kerala state electricity board, trivandrum v. t.p. kunhaliumma reported in : [1977]1scr996 ;iii. in the case of bayer aktiengesellschft of leverkusen federal republic of germany v. controller of patents, government of india reported in : air1982cal30 .iv. in the case of the state of gujarat v. patil raghav natha and ors. reported in : [1970]1scr335 andv. in the case of ..... cause of action. 27. the calcutta high court in the case of bayer aktiengesellschft of leverkusen federal republic of germany v. controller of patents, government of india reported in : air1982cal30 , while dealing with section 71 of the patents act, 1970 and article 137 of the limitation act, 1963 has also held that if any special or local law does not prescribe any .....

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Jan 23 2001 (HC)

Rajeev Indravadan Modi and ors. Vs. Instance Laboratories Pvt. Ltd. an ...

Court : Gujarat

Reported in : (2001)3GLR2010

..... arise. on the contrary, if the argument advanced is accepted, it would, ultimately, result into a situation where the provision granting jurisdiction to the district court for trying patent infringement suits would become redundant. it may also be noted that, at this stage, the defendants have only expressed their intention of making counter-claim and possibility of their ..... separately but in the written statement. admittedly, no written statement is filed. therefore, the contention regarding the transfer of suit under the proviso to section 104 of the patents act under which the application was tendered before trial court cannot be accepted. the proviso specifically provides that where a counter-claim for revocation is made by the defendants, ..... petition challenging the validity before appropriate forum and till that is filed and decided by the competent authority, this hon'ble court is required to consider the validity of a patent in favourof the plaintiffs, and therefore, injunction application is required to be allowed by this honourable court.' 11.1 in paragraph 10 of the affidavit-in-rejoinder, it ..... revisioners, who are the original plaintiffs in civil suit no. 11 of 2000 pending in district court, at vadodara. that suit is preferred by the plaintiffs alleging infringement of registered patent no. 183097 dated march 19, 1998, possessed by the plaintiffs by the defendants. in that suit, application for interim injunction was tendered and the learned assistant judge, vadodara, .....

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May 15 2008 (HC)

Troikaa Pharmaceuticals Ltd. Vs. Pro Laboratories (P) Ltd. and anr.

Court : Gujarat

Reported in : (2008)3GLR2635; LC2009(1)168

..... pre-existing common type. where the evidence indicated that the design in question were in use from long before the date, when the registration of the patent was applied for by the plaintiff, it is not possible to say that the designs were new or original and that the plaintiff was entitled to ..... infringed. the defendant appealed and it was held that the words 'new or original design not previously published in the united kingdom' in section 47 of the patents & co., act, 1883, did not require novelty in the idea of the design, but novelty in the application of the design to some article of ..... court now considers the authorities referred to and relied upon by mr.mihir thakore. (i) in the case of saunders v. wiel reported in reports of patent, design and trade mark vol x no. 4 page 29, the owner of a registered design, which was a design for the handles of spoons purporting ..... submissions the learned counsels have relied on various authorities before the court. mr.mihir thakore has relied on the judgments of;(1) saunders v. wiel reported in reports of patent, design and trade mark vol x no. 4 page 29. (2) texla metals & plastics pvt. ltd. v. anil bhasin and ors. reported in 2001 (21 ..... dated 11.3.2008 filed on behalf of the defendant wherein it is reiterated that the design applied for registration by the plaintiff to the controller of patent and design is new and original design created by the plaintiff company. that no other product, namely, d shaped tablet was available in the market .....

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Jun 25 1991 (HC)

Anup Engineering Ltd. Vs. Commissioner of Income-tax

Court : Gujarat

Reported in : [1991]192ITR633(Guj)

..... 16 (xi-a), dated may 31, 1962. under the collaboration agreement dated december 28, 1961, the assessee-company had acquired an exclusive right for the use of the patents for manufacture of engineering products of the foreign company. under clause (12) of the collaboration agreement, the foreign company bound themselves not to engage in manufacture either unilaterally or ..... to be written off over the abovementioned period. learned counsel for the assessee-company submitted that the assessee-company had purchased patent rights under the aforesaid collaboration agreement dated december 28, 1961, and, therefore, its case was directly covered by the said circular dated may 31, 1961. on the other ..... considering this question that the government issued the circular dated may 31, 1961. as stated in the circular, the government decided that the expenditure incurred on purchase of patent rights could be treated as consolidated revenue expenditure by spreading it over a period of 14 years. the said circular stated that, accordingly, such expenditure may be allowed ..... disposal of the limited liability company, which messrs. chinubhai manibhai and shrenik kasturbhai intended to incorporate in india all the present and future know-how, the use of patents and all technical details with complete workshop drawings for manufacture of their engineering products, on the terms and conditions set out in the agreement. such technical collaboration was .....

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Aug 07 1980 (HC)

Commissioner of Income-tax, Gujarat-i Vs. Ahmedabad Manufacturing and ...

Court : Gujarat

Reported in : [1983]139ITR806(Guj)

..... the results of future research and development by the company relating to the products and furnish calico simultaneously with the execution of the agreement with all and any secret or patent formulations used by or known to the company for the manufacture of the products and as occasion might arise with all and any improvements, modifications and verifications thereof and any ..... companys standards. under cl. 3, calico was to be free to manufacture, sell and exploit their production of vinyl acetate in india and other parts of the world subject to patents and instructions outside the companys control which may affect such sales outside india and the company agreed to use its best endeavours to obtain such agreements with other parties as ..... and conveyed to calico the sole and exclusive right and licence to manufacture, distribute, sell and exploit the products and improvements, modifications thereof in india and use of any indian patents owned or to be owned by the company in respect of the said products. under cl. 2, the company agreed from time to time and at all times to make ..... derivatives of these and similar resins and certain monomers produced by a process of ester interchange such as vinyl caprate and vinyl aterate and others according to certain secret or patent formulations owned or controlled by the company. in this agreement, vinyl products ltd., is referred to as the company whereas the assessee-company is referred to as calico. the further .....

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Apr 08 1994 (HC)

Duncan Agro Industries Ltd. Vs. Samabhai Tea Processors (P) Ltd.

Court : Gujarat

Reported in : (1995)1GLR380

..... understood that the defendant would be launching its product tea under the name 'sargam' in the market 'shortly.' thus this letter dated august 22, 1991, of l. s. dawar & co., patents and trade mark attorneys to the defendant firstly makes it clear that at least on august 2, 1991, the defendant knew that the plainitff had entered the market with its ..... . 11. the learned trial judge has very heavily and, in my opinion rightly, relied upon the letter dated august 22, 1991, received by the defendant from l. s. dawar & co., patents & trade mark attorney. that letter dated august 22, 1991, was written by l. s. dawar & co. to the defendant in reply to the defendants letter dated august 2,1991. that .....

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Dec 21 1995 (HC)

Commissioner of Income Tax Vs. Suhrid Geigy Ltd.

Court : Gujarat

Reported in : (1996)132CTR(Guj)102; [1996]220ITR153(Guj)

..... agreement under which the assessee was licensed to manufacture in india cyanuric chloride as per the process developed by musashino or degussa, geigy was the person authorised under respective patent orders to manufacture that product in india. it was also permissible for geigy to sub-licence its associates in india for the manufacture of the said product in india. ..... entered into the agreement with the assessee on 14th july, 1965. the geigy sub-licensed the assessee to manufacture cyanuric chloride under musashino's as well as degussa's patents processes, know-how and improvements. in consideration of the said sub-licence permitting the assessee to manufacture cyanuric chloride under the said two processes, the assessee was to pay ..... chloride under or according to degussa's patents, processes, know-how and improvements. under this right to manufacture the said product in india from the said two companies. geigy had a right to sub-licence geigy's ..... 1st jan., 1956 had acquired the right to manufacture in india cyanuric chloride under the licence from musashino chemical laboratories ltd. ('musashino' for brevity) under or according to musashino's patents processes, know-how and improvements under a supplemental agreement dt. 22nd april, 1963. likewise, geigy has also obtained licence from a german company 'degussa' to manufacture in india cyanuric .....

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Aug 25 1980 (HC)

Jayantilal Bhogilal Desai Vs. Commissioner of Income-tax, Gujarat-ii

Court : Gujarat

Reported in : (1981)22CTR(Guj)186; [1981]130ITR655(Guj)

..... capital gains are assessable in the case of transfer of goodwill, the indian act did not have it in contemplation, when enacting section 12b, that self-created assets like copyright, patents and goodwill should be subjected to capital gains arising on their transfer and hence capital gains on the transfer of a goodwill are not liable to be taxed under section ..... to pay tax on capital gains and profits under s. 41 (2) on different items sold by him under the aforesaid two documents in question, even then, the tribunal was patently in error when it held that rs. 13,000 were liable to be taxed by way of profit on sale of stock. 8. mr. divatia further contended that, in any .....

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