Court : Delhi
Reported in : 95(2002)DLT830
..... , as well as the trade world, is entitled at its will to take, in all cases, its choice of ordinary trade variants for use in any particular instance, and no patent and no registration of a design can prevent an ordinary workman from using or not using trade knowledge of this kind.'18. a person looking at one lock than looking ..... 107 read with section 64 of the patents act and if both are read in conjunction, the plaintiffs would not be entitled for injunction. in franz xaver huemer v. new yash engineers : air1997delhi79 a division bench of this ..... available to the defendants, injunction as prayed for by the plaintiffs cannot be granted. mr. singh contended that section 107 of the patents act is parameter with section 22(3) of designs act and section 64 of the patents act is parameter with section 19 of the designs act. a division bench of this court had the occasion to deal with section .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2000LC1(SC); (2000)3GLR2548; JT2000(7)SC151; 2000(4)SCALE713; (2000)5SCC573; Supp1SCR86; 2001(1)LC181(SC)
..... there was considerable criticism of the principles laid down in american cyanamid. (see also floyd, interlocutory injunctions since cyanamid 1983 e 1 pr 238, (cole, interlocutory injunctions in u.k. patent cases 1979.e 1 pr 71 (see also edenborough m and tritton, american cyanamid revisited 1996 e 1 pr 234 and philipps in 1997 jbl 486. this court referred to ..... distribution is in accordance with any one or more of the conditions specified in section 47.it is true that under section 107 of the patents act, it is permissible in any suit for infringement of a patent, for the defendant to raise all pleas in defence which he could have raised under section 64 of the act for revocation and there ..... ground on which it may be revoked under section 64 shall be available as a ground for defence.(2) in any suit for infringement of a patent by the making, using or importation of any machine, apparatus or other article or by the using of any process or by the importation, use or distribution of any medicine ..... to move for rectification and is to adjourn the suit.15. learned senior counsel, in this context, pointed out the distinction, between the trade marks act and the patents act, by referring us to section 107 of the patents act, 1970. that section reads as follows:section 107 defences, etc. in suits for infringement:(1) in any suit for infringement of a .....Tag this Judgment!
Court : Delhi
Reported in : 153(2008)DLT548; LC2008(3)298; 2008(38)PTC416(Del)
..... 15 u.s.c. 1064. further, 'no incontestable right shall be acquired in a mark which is the common descriptive name of any article or substance, patented or otherwise.' 15 u.s.c.1065(4). courts equate 'common descriptive name,' as used in the statute, with the shorthand expression 'generic term.' see, ..... lifetime of the author / creator + 60 years. this is not so in the case of commercial exploitation as under the designs act and the patent act the period is much lesser. in the present case, the configuration was made only with the object of putting it to industrial / commercial use ..... of this act,- xxxxxxxx xxxxxxxx xxxxxxxx (m) a mere scheme or rule or method of performing mental act or method of playing game;....an untenable patent claim- as rules of a game are- cannot transmigurate into a wider, longer lasting copyrightable expression. such rules, in the absence of clear segregation ..... examination of its novelty has ever been officially made, would be a surprise and a fraud upon the public. that is the province of letters-patent, not of copyright.22. in the realm of copyright law the doctrine of merger postulates that were the idea and expression are inextricably connected, ..... .19. learned counsel next urged that the plaintiffs' copyright claim is unfounded and incapable of enforcement. he urged that the plaintiffs' documents reveal that a patent claim was made earlier. now, the plaintiffs cannot seek a wider protection in copyright law, for a much larger period of time. it was argued .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1962Cal69
..... utilities ltd., of which the relevant paragraph is as follows : 'i understand you are manufacturing a certain kettle which is an infringement of patent no. 165299 vested in a client of mine. unless i receive forthwith your assurance that you will at once cease manufacturing such kettles i shall ..... that they have been selling crushing machines of the type for which monopoly is wrongly claimed by the defendant by virtue of the said patent on an extensive scale and that the plaintiffs have suffered damages because of the threats contained in the said letter of 18th of july, ..... feature was too wellknpwn in machines prior to the date of the said application. our clients are of the opinion that the patent office granted the patent without having the knowledge that machines including the feature as claimed in claim 1 of 63186 were already available in the market in ..... manufacturing, selling and/or offering for sale crushing machines falling within the scope of the abovementioned patent as well as essential component parts of such machines. the addressee was called upon (i) to desist forthwith from manufacturing, selling and/or ..... 15 chaulpati road, belliaghata, calcutta, stating that the defendant enjoyed exclusive right to manufacture, sell and use any crushing machine covered by the said patent as well as component parts specially intended for such crushing machines, that it had come to the defendant's knowledge that the addressee had been .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1991Bom111; 1990(3)BomCR452
..... claims that the manufacture of brushes has been reserved. shri tulzapurkar also submitted that neither the impugned order, nor the return filed by shri r. a. acharya, controller general of patents, designs and trade marks, on july 17, 1990 indicate any material or date to support the claim that the registration is refused by taking into consideration the development of small ..... passing of the first registration act in the year 1875. for the first time, the provisions analogous to the registration of registered user is found in s. 87 of the patents. designs and trade marks act, 1983. that section provided for entry of assignments and transmissions in registers and prescribed that where a person becomes entitled by assignment, transmission, or other .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1989SC2227
..... ayurvedic, unani and homoeopathic preparations' as was done in the director's circular. on a comparison of the earlier explanation and the substituted explanation one would notice that earlier 'patent and proprietary medicines' meant a drug. in the substituted explanation it means any medicinal preparation. however, it cannot be lost sight of that the words 'medicinal preparation' ..... (allopathic, ayurvedic, unani and homoeopathic preparations) containing alcohol, opium, indian hemp or other narcotic drug or narcotic, which fall within the purview of the new definition of 'patent or proprietary medicines' given in the explanation, should therefore, be recovered at the rate of 10 per cent ad valorem from the holders of the licences granted under the ..... 17. the schedule was amended by the amending act no. 19 of 1961 and the amended schedule stood as follows :item no.descriptionof dutiable goodsrate ofduly1.medicinalpreparations, being patent or proprietary medicines,containing alcohol and which are not capable of being consumed as ordinaryalcoholic beverages.ten percent ad valorem.2.medicinalpreparations, containing alcohol, which are pre- pared ..... preparations' manufactured by the plaintiff (appellant) labelled and marked by the plaintiff (appellant) under their brand name and trade mark. this, therefore, fell within the scope of patent or proprietary medicine as given in explanation i below the schedule annexed to the act, as inserted from april 23, 1962 by finance act (no. 2) 1962.9. .....Tag this Judgment!
Court : Delhi
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 .....Tag this Judgment!
Court : Chennai
Reported in : AIR1965Mad327; (1965)1MLJ406
..... of whether or not the invention involves any new inventive skill having regard to what was known or used prior to the date of the patent, courts will not grant an interim injunction restraining the defendant from pursuing his normal business activity. an interim injunction will not be granted if ..... in large number of star master ploughs 99.(5) principles regulating the grant of an interim injunction in a suit complaining of infringement of a patent are fairly well settled. the plaintiff must make out a strong prima facie case for the issue of a temporary injunction. an interim injunction will ..... he has been experimenting and inventing new patterns of ploughs as a result of his inventive genius and prolonged research and that he obtained a patent on 12-10-1960 in respect of a particular pattern of plough, having a special twist distinguishing his pattern from the other ploughs in the ..... respondent's conduct was an infringement of the plaintiff's patent. the plaintiff obtained an interim injunction in 1. a. 181 of 1964, but, on an application filed by the defendant-respondent in i. a ..... the appellant filed the suit, o. 8 no. 3 of 1964 on the file of the district judge, madurai, under s. 29 of the patents and designs act, against the respondent for a permanent injunction restraining the respondent form manufacturing and selling certain patterns of ploughs on he ground that he .....Tag this Judgment!
Court : Chennai
Reported in : 2006(32)PTC473(Mad)
..... that the manufacturing and marketing licence granted for nadiderm is not on the basis of the admixture composition of the applicant but is only by adopting the us patent and japan patent, i am convinced that the first respondent cannot be injuncted from manufacturing and marketing the nadiderm on the strength of the manufacturing licence given by the drugs controller ..... for the second respondent and mr. k.m. santhanagopalan, learned counsel for the third respondent.6. the respective learned counsel had elaborately argued on the law of process patent, product patent as well on the manufacturing licence including the grant of emr. on a similar challenge, a learned single judge of this court in the decision in 'nevertis ag and ..... -formulation-domestic business in the applicant company needs a reference. it is seen from the said affidavit that the preparation of nadifloxacin 1% cream is different from process us patent. on the other hand, it is the specification of the first respondent company that the first respondent company had been given the manufacturing and marketing licence for nadifloxacin 1% ..... nadifloxacin 1% cream under the trade mark nadiderm. the drugs controller general granted manufacturing and marketing licence to the first respondent company for nadifloxation 1% cream based on us patent by an order dated 14.9.2004. pursuant to the order of the drugs controller general, the first respondent company started manufacturing and marketing nadifloxacin 1% cream.4. questioning .....Tag this Judgment!