Court : Mumbai
Decided on : Jul-26-2002
Reported in : 2002(6)BomCR696; 2002(4)MhLj407
..... the said right shall vest and alwaysdeemed to be vested with ipca.' at this stage it would be sufficient only tonotice that neither of the clauses mentions that thetrade marks, patents or processes belonged to theplaintiff.schedule ii to the agreement with 'gelsules'sets out 'appetone'...multivitamin capsules', as oneof the products to be manufactured. schedule ii tothe agreement with the ..... thepurpose of manufacturing and packing the products.clauses 4(xii) and 6(c) read as under :4(xii)'not to claim any right to or underany of the trade marks, patents or processesconnected with any of the products ormanufacture and/or sell any products under atrade mark connected with the products orunder a name phonetically or otherwise similarto trade names connected .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-29-2002
Reported in : 2003(1)ALLMR54; 2003(1)BomCR642; (2003)1BOMLR407; 2003(2)MhLj670
..... necessary to analyse the other materials on record to find out the answer to the third point for consideration. 19. the fact of registration of the patent in favour of the appellants in canada is not in dispute. merely because the number thereof is not disclosed, it would not make any difference, when ..... was designed by the plaintiffs. another finding which has been arrived at by the court below is to the effect that the plaintiffs claim that the patent is registered in canada but no registration number is given and that they have applied for registration in india but it is pending and yet to be ..... is the case of the respondents that 'hydroclave' is a technology or process or method of infectious waste treatment and since it is a technology, no patent can be claimed for the same. the term 'hydroclave' is a descriptive or generic term. the respondents have manufactured a machine which is having a totally ..... the appellant no. 1 - company by inventing a new technology and process for sterilising bio-medical waste and the said machine has global acceptance and their patent has been registered in canada and they have applied for registration thereof in india in 1998 and is still pending for disposal. 'hydroclave' is also their ..... mark cases vol. lvii (no. 6) page 137, and british vacuum cleaner company ltd. v. new vacuum cleaner company ltd., reported in reports of patent, design and trade mark cases. vol. xxiv, no. 28, page 641. 28. the decision in jeryl lynn trade mark's case (supra) was on .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-11-2002
Reported in : 2002(3)ALLMR110; 2002(4)BomCR231; (2002)2BOMLR460; 2002(2)MhLj191
..... , acquiring, and lending any articles and things in the ordinary course of his business for profit and otherwise under any licence or permission in respect of any discovery, invention and patents resulting from the work of the association. 85. if upon the winding up or dissolution of the association there remains, after the satisfaction of all its debt and liabilities any .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-27-2002
Reported in : 2003(3)BomCR367; 2003(27)PTC115(Bom)
..... a specification of goods has been said to a question for the consumer and not a matter to be determined by expert scientific evidence.'in a treatise entitled 'intellectual property : patents, copyright, trade marks and allied rights' by w.r. cornish (third edition, first indian reprint 2001), again, it has been emphasised that the division of the trade marks register into ..... that the goods fell in class 12. that decision is final under sub-section (2) of section 8 unless the registrar has acted mechanically without any material or on a patently erroneous basis ;(vii) the question of classification is required to be answered by considering (i) the nature of the goods and the purpose and function of the goods ; (ii) the .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Aug-20-2002
Reported in : (2002)LC608Tri(Mum.)bai
..... this contention of the departmental representative. clause 1.2 of the agreement defines "know-how" to mean and include "all inventions processes, patents, engineering and manufacturing skills and other technical information, whether patented or unpatented and whether or not patentable which are freely owned by ec (italian company) on the date hereof and which is necessary in the reasonable opinion of ec to .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-22-2002
Reported in : 2002(5)BomCR83
..... since the appellants-petitioners had rightly invoked the jurisdiction of this court under article 227 of the constitution and the learned single judge had exercised power of superintendence, the letters patent appeal is not maintainable and the same deserves to be dismissed on that ground alone.14. finally, the learned counsel for the appellants prayed that ad interim relief granted ..... of the case and the petition which was filed by the petitioner in the high court, observed that the petitioner had invoked articles 226 and 227 of the constitution. letters patent appeal was, therefore, maintainable. 6. reliance was also placed on a recent decision of the apex court in kanhaiyalal agrawal & others v. factory manager, gwalior sugar company ltd., : ..... pvt. ltd. v. shankarprasad, : (1999)iillj600sc . the supreme court in that case observed that where a petition is filed under articles 226 and 227 of the constitution, letters patent appeal would be maintainable. there, a contention was raised on behalf of the appellant that the writ petition filed by the respondent (original petitioner) in the high court was in ..... for the parties.3. when the matter was placed for admission hearing, a preliminary objection was taken by the learned counsel for respondents nos. 2 and 3 that letters patent appeal is not maintainable inasmuch as the petition filed by the petitioners (present appellants) was under article 227 of the constitution. when the petitioners themselves had invoked supervisory jurisdiction .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-24-2002
Reported in : 2002(4)ALLMR512; (2002)104BOMLR544
..... . in such appellate jurisdiction the high court exercises the powers of a court of error. so understood, the appellate power under the letters patent is quite distinct, in contrast to what is ordinarily understood in procedural language.if a case has been made out that a legal right ..... the power flowing from the paramount charter under which the high court functions would not get excluded unless the statutory enactment concerned expressly excludes appeals under letters patent.friday, 26th april, 2o02.18. in the case of baddula lakshmaiah and ors. v. sri anjaneya swami temple and ors. : 2scr906 ..... satisfied regarding the maintainability of the appeal. notwithstanding this position, we have examined the submissions made before us regarding the maintainability of the letters patent appeal. it is true that writ petition no. 5802 of 1995 has been filed under article 227 of the constitution, the relief prayed for ..... for invoking the jurisdiction of this court under articles 226 and 227 of the constitution and, therefore, in the set of circumstances, the letters patent appeal filed before us is not tenable, urged the learned counsel.17. when the appeal was admitted by the division bench of this court (barde ..... 174/1994. being dissatisfied with the said view taken by this court in writ petition no. 5802/ 1995, the appellant has filed this letters patent appeal which was admitted on 6th october, 2001 and by a separate order in civil application no. 5772/2001, the interim relief granted by .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-21-2002
Reported in : 2003(1)ALLMR172; 2003(2)BomCR643
..... under section 6 of the specific relief act and as to whether the order would amount to a judgment appealable under clause 15 of the letters patent. that judgment does not deal with the question of an appeal against an order under article 227 of the constitution of india.6. the second ..... court in umaji k. meshram's case (supra) the reference to section 107 of government of india act, 1915, in clause 15 of the letters patent must necessarily be read as a reference to article 227 of the constitution. so read, an appeal under clause 15 is clearly not maintainable against an order ..... thereafter, mr. abhyankar drew our attention to the new substituted section 100-a, which reads as follows:-'100-a. notwithstanding anything contained in any letters patent for any high court or in any instrument having the force of law or in any other law for the time being in force, where any appeal ..... single judge of the bombay high court given in a petition under article 227 by reason of such appeal being expressly barred by clause 15 of the letters patent of that high court. 2. mr. abhyankar, learned counsel appearing for the appellants, tried to canvass that by the amendment act, 1999, the powers ..... under clause 15 of the letters patent were sought to be reduced and again they have been restored by the amending act, 2002 amending the code of civil procedure. he drew our attention to .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-18-2002
Reported in : (2003)105BOMLR915
..... and savings of code of civil procedure code (amendment) act, 1976 wherein specific saving is pertaining to section 3 under section 100a a limited saving pertaining to pending admitted letters patent appeals. whereas in the present amendment act, 2002 savings clause in section 16, the savings arc only covered to affect in a limited manner. therefore the necessary intendment ..... of appeal will not apply to appeals arising from the suits instituted earlier.34. shri kakodkar, the learned senior counsel appearing in some other pending and admitted letters patent appeal also strongly supported the submissions of shri usgaonkar, and contended that the aforesaid amendment which was brought into force on 1st july, 2002 can only have prospective ..... enactment either expressly or by necessary intendment. the learned advocate general emphasised the importance of 'non obstante clause' in section 100a, to indicate that even the pending admitted letters patent appeals would not survive. in that context he pointed out the phrase 'notwithstanding anything contained in' in contradiction to the phrase 'subject to'. the learned advocate general also ..... in section 16 of the code of civil procedure (amendment) act, 2002.13. shri dessai, learned counsel appearing for the respondents, therefore submitted that, even the letters patent. appeal which have already been admitted and pending in this court cannot survive in view of the amended section 100a of the civil procedure code which came into force on 1st. .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-14-2002
Reported in : 2002(5)BomCR446
..... on that ground and without expressing any opinion on merits, in our judgment, the impugned order deserves to be set aside. 8. for the foregoing reasons, we allow the letters patent appeal, set aside the order dated 20th february, 2001 passed by the learned single judge and restore writ petition no. 241 of 2001 to file. the registry will now place ..... other on the contentions raised in the petition. as and when the matter will come for admission hearing, the court will pass an appropriate order in accordance with law. letters patent appeal is accordingly disposed of. no costs.Tag this Judgment!