Skip to content


Judgment Search Results Home > Cases Phrase: patents Court: kolkata Year: 2017 Page 1 of about 47 results (0.008 seconds)

Mar 06 2017 (HC)

Itc Limited Vs. The Controller of Patents and Designs and Ors.

Court : Kolkata

Decided on : Mar-06-2017

..... fact, itc limited has itself got registered about 43 designs of cigarette packets [closed packets as well as open view packets]. which would be evident from the website of the patent office, intellectual property building, . kolkata (ipindiaservices.gov.in/design search). it shows that apart from itc limited, there are other cigarette manufacturers in india who in the usual ..... drawings forming part of the applications that were made for registration of the said three designs. the appellant has annexed a certified copy of the registered design of the german patent application with one drawing. in the cancellation application, there is no mention of any form of publication even in any official journal or a library or official website, leave ..... design applied to packets with smoking articles in it. the pictures and drawings explicitly depict the use of the design to the articles. further, the literature of the german patent specification clearly instructs how the design is to be applied to cigarette packets. the learned senior counsel submits that the cigarette pack of the respondent with the impugned design that ..... publication of uk registered design nos.2038787 and 2026527 registered on april 30, 1994 and 17th october, 1992 respectively depicting a pack for smoking articles considered both the german patent specifications as well as uk registered designs and did not arrive at a definite finding but opined that the impugned registration cannot be considered to be devoid of newness. mr .....

Tag this Judgment!

Feb 16 2017 (HC)

Atul Narsibhai Patel Vs. Assistant Controller of Patents and Designs a ...

Court : Kolkata

Decided on : Feb-16-2017

..... 40. it is true that publication has not been defined in the 2000 act. yet, for reasons discussed above, mere publication of design specifications, drawings and/or demonstrations by the patent office of the united kingdom, or for that matter, any other foreign country, in connection with an application for registration, would not, in itself, amount to publication that would ..... for examination, the controller could not have held that there was no novelty or originality in the design of the petitioner. in gopal glass works limited v. assistant controller of patents & designs & ors. reported at 2006 (3) chn188originates from this court. observed that in paragraph 30 of the said judgment, it was under the law presently in force in india ..... registration. the same including principle western can engineering be co. found in vs. various paul decisions engineering co. reported at air1968cal 109, gopal glass works ltd. vs. assistant controller of patents & designs reported at 2006 (33) ptc434(cal.) and reckitt benkiser india ltd. vs. wyeth ltd. reported at 2013 (54) ptc90(del. fb) a design is not registrable, inter alia, ..... sanchalita sarkar, adv. mr. rabi prosad mookerjee, adv. the court: the instant appeal is arising out of an order dated 12th march, 2013 passed by the learned assistant controller of patent and design whereby the registration of the design being no.211639 in class 09-07 under the designs allowed the act, 2000 was application for cancelled. the assistant controller cancellation .....

Tag this Judgment!

Jul 10 2017 (HC)

T.K. Shawal Industries Pvt. Ltd. Vs. Controller of Patents and Designs ...

Court : Kolkata

Decided on : Jul-10-2017

..... such features before concurring with the earlier finding that novelty resides in the surface pattern of scarf as illustrated. in anuradha doval versus the controller of patents and designs & ors.being aid no.1 of 2015 on 13th april, 2017, this court had the occasion to consider what would constitute in the ..... on appreciation of evidence, the deputy controller has arrived at a definite finding which cannot be said to be perverse. in itc limited versus controller of patents & designs reported at 2017 (2) chn (cal) 367 this court had the occasion to consider the question of novelty and originality of a design ..... appearing in the design. the deputy controller has relied upon the decision of the hon ble high court in gopal glass works ltd.versus asstt controller of patents & designs reported at 2006 (33) ptc434(cal) and applied the tests therein in order to ascertain if the design is new and original as also ..... of the aforesaid design, the said respondents did not find any identical and/or similar design in the record of the designs branch of the patent office and was fully satisfied with the novelty and/or originality and/or registrability of the design in favour of the respondent no.3. the ..... before: the hon ble justice soumen sen g.a.no.1492 of 2017 with aid no.3 of 2016 t.k.shawal industries pvt.ltd.versus controller of patents and designs & ors.for the petitioner : mr.mr.mr.mr.rudraman bhattacharya, adv., soumen mohanty, adv., sourajit dasgupta, adv., yash vardhan deora, adv. .....

Tag this Judgment!

Jul 13 2017 (HC)

Philco Industries and Ors. Vs. The Dy. Controller of Patents and Desig ...

Court : Kolkata

Decided on : Jul-13-2017

..... such features before concurring with the earlier finding that novelty resides in the surface pattern of scarf as illustrated. in anuradha doval versus the controller of patents and designs & ors.being aid no.1 of 2015 on 13th april, 2017, this court had the occasion to consider what would constitute in ..... appeal with the design with the novelty as claimed in the petition was published prior to the date of registration. in itc limited versus controller of patents & designs reported at 2017 (2) chn (cal) 367 this court had the occasion to consider the question of novelty and originality of a design ..... and colour combination. the deputy controller has relied upon the decision of the hon ble high court in gopal glass works ltd.versus asstt controller of patents & designs reported at 2006 (33) ptc434(cal) and applied the tests therein in order to ascertain if the design is new and original as ..... mr.souvik kundu, adv. for the respondent no.2. the court : the appeal is arising out of an order passed by the deputy controller of patents and designs on 28th june, 2016 in connection with the petition for cancellation of registered design no.205014 filed by the appellant under section 19 of the ..... and dent resistant bow which is primarily a utensil bowl for keeping solid, liquid and for feeding and has filed a patent application in the year 2006 for registration of its patent with regard to the mode of construction and functionality of the said product. it was contended that the private respondent .....

Tag this Judgment!

Jan 17 2017 (HC)

Atul Narsibhai Patel Vs. The Assistant Controller of Patents and Desin ...

Court : Kolkata

Decided on : Jan-17-2017

..... sheet, a material totally different in composition, nature, fragility, durability and look from leather, rexin or even plastic, in itself, involves inventive ingenuity.35. in the case of gammeter v. patents design controller, reported in air1919cal 887, relied upon by mr. sudipto sarkar appearing on behalf of the appellant, division bench held as follows:- .was the novelty . band for a purpose ..... the former, i venture to cite once more the oft-quoted language of lord westbury in hills v. evans : 'the antecedent statement must, in order to invalidate the subsequent patent, be such that a person of ordinary knowledge of the subject would at once perceive and understand and be able practically to apply the discovery without the necessity of making ..... 40. it is true that publication has not been defined in the 2000 act. yet, for reasons discussed above, mere publication of design specifications, drawings and/or demonstrations by the patent office of the united kingdom, or for that matter, any other foreign country, in connection with an application for registration, would not, in itself, amount to publication that would render ..... have held that there was no novelty or originality in the design of the petitioner. the private respondent is not represented. in gopal glass works limited v. assistant controller of patents & designs & ors. reported at 2006 (3) chn188originates from this court. in paragraph 30 of the said judgment, it was observed that under the law presently in force in india, .....

Tag this Judgment!

Apr 13 2017 (HC)

Anuradha Doval Vs. The Controller of Patents and Designs and Ors.

Court : Kolkata

Decided on : Apr-13-2017

..... described in the specification and some persons may fairly be supposed to have known of it. the purpose of specification is an anticipation. it was open to inspection in the patent office. the presence of the specification or copies thereof constitute publication. there is reasonable probability that a large number of persons obtained the knowledge of the specification including the design ..... in the high court at calcutta special jurisdiction original side before: the hon ble justice soumen sen aid no.1 of 2015 anuradha doval versus the controller of patents and designs & ors.for the petitioner : mr.mr.mr.mr.debnath ghosh, adv., subhashish sengupta, adv., sanjay ginodia, adv., manoj kumar tiwari, adv.for the respondent no.3 : mr.suddhasatva .....

Tag this Judgment!

Apr 27 2017 (HC)

J and J Buildcon Pvt. Ltd. Vs. Controller of Patents and Designs and O ...

Court : Kolkata

Decided on : Apr-27-2017

order sheet aid no.13 of 2016 in the high court at calcutta special jurisdiction original side j & j buildcon pvt. ltd. versus controller of patents and designs & ors. before: the hon'ble justice soumen sen date :27. h april, 2017. appearance: mr. ranjan bachawat sr. adv. mr. rudraman bhattacharya, adv. mr. sarosij dasgupta, adv. mr. .....

Tag this Judgment!

Mar 24 2017 (HC)

Saraf Agencies Pvt. Ltd. and Anr. Vs. Federal Agencies for State Prope ...

Court : Kolkata

Decided on : Mar-24-2017

..... be taken away only by a subsequent enactment, if it so provides expressly or by necessary intendment and not otherwise. in glaxo smith kline plc and ors.v.controller of patents and designs and ors.reported in (2008) 17 scc416mr.justice arijit pasayat remarked in paragraph 7 of the judgement that when the right of appeal was preserved by the amendment .....

Tag this Judgment!

Apr 20 2017 (HC)

Saregama India Limited Vs. Whackedout Media Pvt. Ltd. and Anr.

Court : Kolkata

Decided on : Apr-20-2017

..... of the trademark act. however, the court would be guided by such provisions while considering a prayer for leave under clause 12 of the letters patent and may decline leave in appropriate cases by taking into consideration the ratio of sanjay dalia (supra). this application stands dismissed. however, there ..... head office at kolkata and also carries on business at mumbai both are chartered high courts and governed by clause 12 of the letters patent for the purpose of invoking the jurisdiction. the plaintiff has its principal office at kolkata and the defendants have also having their office at ..... scc521. however, since granting a leave under clause of 12 of the letters patent presupposes that another court has also jurisdiction as a part of the cause of action may have arisen elsewhere also, the court in an appropriate situation ..... ors. reported in air2006sc1194and iridium india telecom ltd. vs. motorola inc. reported in air2005sc514. neither cpc nor its principles can be made applicable to the letters patent qua sections 16, 17 and 20 cpc. (see jindal vijayanagar steel (jsw steel ltd.) vs. jindal praxair oxygen co. ltd. reported in 2006 (11) ..... assume nor renounce such jurisdiction. but then there is another class of jurisdiction which this court can avail under clause 12 of the letters patent where the reality or the cause of action is not wholly but only partly within its jurisdiction. it is an inchoate jurisdiction which comes .....

Tag this Judgment!

Apr 25 2017 (HC)

Rajat Agarwal and Ors. Vs. Spartan Online Private Limited and Ors.

Court : Kolkata

Decided on : Apr-25-2017

..... the addresses mentioned in paragraphs 88 and 89 of the plaint. under such circumstances, the application for revocation of leave under clause 12 of the letters patent is dismissed. however, there shall be no order as to costs. urgent photostat certified copy of this judgment, if applied for, be given to the ..... considerations in a matter where the court finds that the discretion exercised by the court earlier in granting leave under clause 12 of the letters patent is required to be revoked on the ground of forum inconvenience or on a satisfaction being recorded that the dispute is inextricably connected with the ..... only in terms of the provision of section 20 of the civil procedure code which in the instant case would be subject to clause 12 of the letters patent as by reason of section 120 of the cpc section 20 of cpc would not be applicable to a chartered high court. in indian performing ..... neither assume nor renounce such jurisdiction. but then there is another class of jurisdiction which this court can avail under clause 12 of the letters patent where the reality or the cause of action is not wholly but only partly within its jurisdiction. it is an inchoate jurisdiction which comes into ..... . h april, 2017 soumen sen, j.: - this is an application filed by the defendant no.7 for revocation of leave under clause 12 of the letters patent. the grounds for revocation are three-fold, namely:- (a) no part of the cause of action has arisen within the jurisdiction of this court. (b) forum .....

Tag this Judgment!


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