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Judgment Search Results Home > Cases Phrase: patents Court: mumbai Year: 2004 Page 1 of about 134 results (0.026 seconds)

Dec 23 2004 (HC)

Novartis Ag and anr. Vs. Mehar Pharma and anr.

Court : Mumbai

Decided on : Dec-23-2004

Reported in : 2005(3)BomCR191; 2005(30)PTC160(Bom)

..... was needle shaped. beta was found to be thermodynamically stable and was prepared for use in pharmaceutical preparations. perusal of the application submitted by the plaintiffs in 1993 for patent in canada shows that the plaintiffs have disclosed the compound as well as its salt. beta crystals are clearly disclosed in the application. therefore, in my opinion, apart from ..... and in negation of any public health or public interest considerations. it is material to note that an emr grantee enjoys such an unfettered monopoly, even though its product patent application is pending and may be rejected after 1st january 2005 whenever examined. even distribution through channels of charity is hit by the anti-competitive and monopolistic effects of ..... of patients worldwide in case their right is not enforced.12. the plaintiffs submit that in matters of intellectual property, particularly infringement of statutory rights like trade mark, copyrights, patents and designs, the court is, prima facie, required to see where there is an infringement or not. if there is an infringement, then an order of injunction must follow ..... until the plaintiffs launched the commercial embodiment of the substance under the brand name glivec before they could make their impugned drugs.(h) any further examination of the underlying patent examination will result in examining a black-box/mail-box application, which exercise is prohibited by the legislature in terms of section 24-a7. nevertheless, the plaintiffs further .....

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Dec 21 2004 (TRI)

C.C. (import) Vs. Titex India Pvt. Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Dec-21-2004

Reported in : (2005)(101)ECC10

..... drills taps, end mills etc. are imported from gunther co. gmbh, germany, under the collaboration agreement indian company is allowed to manufacture and sell products as per designs, trademarks and patents of their foreign collaborators. the technical know how and royalty are related to the imported goods because such imports are of no value unless they are processed / manufactured in accordance ..... (b) gunther gmbh (germany) ("ctt", both of whom were part of the ctt tools business of the sandvik group). under this agreement, ctt allowed the benefit of the know how, patents and trade mark rights in respect of the specified products, viz., high speed steel taps, solid carbide cutting tools, etc, which titex was manufacturing in india. titex were under no ..... no evidence produced to show that the said contention, which is purely a question of fact was false. i) it relates solely to the use of the know how and patent and trade marks rights granted thereunder in the production and manufacture in india of the said specified finished goods. ii) the royalty payable thereunder is only related to such local .....

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Sep 29 2004 (TRI)

Deputy Commissioner of Income Tax Vs. All Russia Scientific Research

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Sep-29-2004

Reported in : (2006)98ITD69(Mum.)

..... drawings and designs, the consideration for such an outright sale and transfer cannot be regarded as in the nature of payment for use of, or right to use of, such patents, designs or models, plans, secret formulae or processes, etc. accordingly, it cannot be treated as 'royalty', as are the normal connotations of this expression in dtaas including india russia dtaa ..... the use of, or the right to use any copyright of literary, artistic or scientific work, including cinematograph films or films or tapes used for radio or television broadcasting, any patent, trademark, design or. model, plan, formula or process, or for the use of, or the right to use industrial, commercial or scientific equipment, or for information concerning industrial, commercial or ..... be treated as royalty for the purpose of article 13 of the agreement for avoidance of double taxation between india and the uk, the person who is owner of such patents, designs or models, plans, secret formulae or process, etc. retains the property in them and permits the use or allows the rights to use such ..... patents, designs or models, plans, secret formulae or process, etc. in other words, where the transferor retains the property right in the design, secret formulae, etc. and allows the use of .....

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May 06 2004 (HC)

international Standards Certification (South Asia) Pvt. Ltd. Vs. Inter ...

Court : Mumbai

Decided on : May-06-2004

Reported in : 2005(1)ALLMR718

..... involving the use of the words 'vacum cleaner,' and, although their licences with regard to booth's patents are limited to particular areas defined by the licences, there is no other reason, as far as the evidence shews, why they should not compete ..... have created local companies to work the patents in more limited areas, and are largely interested in those local companies. each of the subsidiary and local companies has been incorporated under a name ..... with reference to the subsidiary companies. the policy of the plaintiff company and its predecessor has been to create subsidiary companies to work booth's patents within definite areas, and many of those companies have been created in which the plaintiff company is now largely interested. the subsidiary companies so created ..... to be established by a plaintiff to succeed in a passing-off action. in coleman and co. v. stephen smith and co., xxix reports of patent, design and trade mark cases, 81 (at page 88) the court of appeal held as under:'although i dislike quoting my own language on a ..... of which is the subject of a passing off action. in a.g. spalding and bros. v. a.w. gamage ld. xxxii reports of patent, design and trade mark cases, 273 this right was described as under:'there appears to be considerable diversity of opinion as to the nature of the .....

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Oct 05 2004 (TRI)

Addl. Cit Vs. Kwality Frozen Foods Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Oct-05-2004

Reported in : (2005)1SOT243(Mum.)

..... assessing officer relied on "accountancy", authored by william pickles, third edition, in support of his proposition. the said commentary states that goodwill arises mainly for patent and trademark protection and the purchaser of goodwill acquires the trademarks, patents, copyrights etc. of the business as well as the benefits of contracts and all the benefits accruing from the location, reputation, connection, organization and .....

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Oct 06 2004 (TRI)

Bajaj Auto Ltd. Vs. Commissioner of C Ex. and Cus.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Oct-06-2004

Reported in : (2005)(179)ELT481Tri(Mum.)bai

..... , japan. agreements are dated 6-8-94, 9-3-98, 2-2-02 and 7-11-02. in terms of the agreements, khi provided technical know-how, technical assistance and patents for the above mentioned variety of motor cycle. show cause notice dated 29-7-2002 was issued to bal and khi proposing recovery of service tax under the provisions of .....

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Sep 01 2004 (HC)

Brihan Maharashtra Sugar Syndicate Vs. Meher Distilleries Pvt. Ltd. an ...

Court : Mumbai

Decided on : Sep-01-2004

Reported in : 2005(1)MhLj1132

..... facie evidence. what is the effect of such provision fell for consideration in the case of dwarakadas dhanji sha v. chhotalal ravikarandas & co. : air1941bom188 , while considering identical provision of the patents and designs act, 1911; wherein this court held thus :'the words of section 46(3) however are the entry with regard to the name and address of the proprietor or ..... new or original work. the same consideration holds good even in cases arising from the provisions of the copyright act as the scheme of the copyright act as also the patent and designs act referred to hereinabove is more or less similar.30. with the above understanding of section 48, if one turns to the plaint pleadings, it is clear that .....

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Feb 13 2004 (HC)

Faber-castle Aktiengesellschaft Vs. Pikpen (P.) Ltd.

Court : Mumbai

Decided on : Feb-13-2004

Reported in : [2004]54SCL397(Bom)

..... /03 in this court stating that the plaintiffs product has a distinctive design and which is registered under registration no. 1 /4429 on 4th august, 1997 with the controller of patents and designs under the designs act, 1911 and alleging that the defendant had copied the design of the plaintiffs. the plaintiff also alleged that the defendant used copies and using .....

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Apr 16 2004 (HC)

Shri Rahul Sharad Awasthi Vs. Shri Ratnakar Trimbak Pandit and ors.

Court : Mumbai

Decided on : Apr-16-2004

Reported in : 2004(3)ALLMR896; 2004(5)BomCR50; 2004(4)CTC241; 2004(3)MhLj706

..... called) is barred. the legislature was, of course, concerned about the delay in finality of the decision in civil suits. in other words, the legislature was concerned with pending letters patent appeal arising out of the decision of the single judge in the first appellate jurisdiction as well as such appeals that were to be preferred subsequently. if the legislature intended ..... retrospective effect. the division bench held that the parliament by substituting section 100a by the amendment act, 2002 has destroyed the substantive right of appeal by way of letters patent appeal pertaining to original or appellate decree or order passed by the single judge in appeal by the high court. in the words of the division bench in chandreshwar bhuthanath ..... single judge of the high court considers the entire matter in an appeal jurisdiction, hence there is no further need of an inter-court appeal.'4. when the present letters patent appeal came up for admission before the division bench presided over by hon'ble the chief justice, it was submitted that the decision in chandreshwar bhuthanath requires reconsideration. the ..... court (goa bench) in shri chandreshwar bhuthanath devasthan of paroda v. subiraj prabhakar naik and ors., 2003 vol 105(2), bombay law reporter, 915 deserves reconsideration.2. the present letters patent appeal presented on january 6, 2004 is directed against the order dated december 18, 2003 passed by the learned single judge summarily dismissing the first appeal arising out of the .....

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Sep 15 2004 (HC)

O.J. Coelho Vs. Fgp Limited and ors.

Court : Mumbai

Decided on : Sep-15-2004

Reported in : 2005(2)ALLMR64; 2005(1)BomCR604; [2005(105)FLR891]; (2005)IILLJ210Bom; 2005(1)MhLj1069

..... the complaint barred by limitation, there being no ground to condone it.(v) in these circumstances and against the last order passed by the learned single judge, the present letters patent appeal came to be filed.3. on the merits of the case, we find that under the v.r.s. of 1992 respondent no. 1-company had reserved their right ..... industrial court. in our view, there is no reason to hold that the conclusion based on these tending can be said to be perverse.11. in the result, the letters patent appeal must fail and is hereby dismissed. in view of the interim orders passed by this court in this appeal, it is directed that the amount of rs. 1,82 .....

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