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Judgment Search Results Home > Cases Phrase: patents Sorted by: old Year: 2004 Page 1 of about 1,374 results (0.048 seconds)

Jan 15 2004 (SC)

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Decided on : Jan-15-2004

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

..... to mean, "land ofwhatever description ... and includes all benefits to arise out of land".lands held for carrying on mining operations would be taken in by the saiddefinition. it is patently clear that 'minerals', which are benefitsarising out of land, will be roped in within the purview of the levy undersection 3(1) read with section 2(c) of the act ..... a grantor or lessor, on the working of the property leased, or otherwise on the profits of the grant of lease. the word is especially used in reference to mines/ patents and copyrights."prem's judicial dictionary (1992, vol. 2, page 1458) - "royalties are payments which the government may demand for the appropriation of minerals, timber or other property belonging to ..... the demised mineral worked within a specified period"wharton's law lexicon (fourteenth edition, page 893) - "royalty, payment to a patentee by agreement on every article made according to his patent; or to an author by a publisher on every copy of his book sold; or to the owner of minerals for the right of working the same on every ton ..... , that part of the reddendum which is variable, and depends upon the quantity of minerals gotten or the agreed payment to a patentee on every article made according to the patent. rights or privileges for which remuneration is payable in the form of a royalty"words and phrases, legally defined (third edition, 1990, vol.4, page 112) - "a royalty, in the .....

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Feb 05 2004 (FN)

Buchanan (Appellant) Vs. Alba Diagnostics Limited (Respondents) (Scotl ...

Court : House of Lords

Decided on : Feb-05-2004

..... (a)". this appeal came before the house without the leave of the inner house. 36. in his action mr buchanan concluded for interdict against alba from infringing the 321 patent, for count reckoning and payment for the profits made by the manufacture and sale of their implement and alternatively for damages. alba lodged defences in which it was averred, among ..... sir george jessel, they were likely to be extremely unattractive to any lender or purchaser unless accompanied by some assurance that their value could not be destroyed by a subsequent patented improvement. to say that mr buchanan and his company could not offer such security is to say that they should in practice be debarred from using their intellectual property rights ..... by cooler liquid from the brake fluid reservoir. the entry of cooler liquid would prevent the temperature from rising significantly above boiling point while it was measured. alba obtained a patent for this device, with priority date 10 may 1994 and naming mr mills as the inventor. alba markets an embodiment of this invention, which mr buchanan alleges to be ..... 000 owing by [innovations] to [mr mills] the assignors hereby:- (1.1) assign to [mr mills] their whole right, title and interest past present and future in and to the patents and the applications and all improvements , prolongations and extensions relating therein and thereto (hereinafter referred to as "the charged assets") provided always that there is excluded from the assignation under .....

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Feb 11 2004 (HC)

iag Co. Ltd. Vs. Triveni Glass Ltd.

Court : Kolkata

Decided on : Feb-11-2004

Reported in : (2004)3CALLT71(HC),2004(29)PTC665(Cal),[2004]51SCL498(Cal)

..... wrongly registered as a design. it is neither two dimensional nor three dimensional. reference in this connection can be made to section 213(3)(c) of the copyright, designs and patents act, 1988 (uk) which provides that design right does not subsist in a surface decoration. the allegation of passing off by the defendant is absolutely baseless. the defendant has a ..... such supplementary affidavits.2. the plaintiff and the defendant both manufacture and sell various kinds of glass. on january 2nd, 2001 the controller-general of patents, designs and trade marks of the government of india, the patent office (designs branch) issued a certificate of registration of design in favour of the plaintiff. it was stated in this certificate that design no. 183322 ..... caution notice in newspapers, published from several cities of the country, to warn manufacturers and competitors against infringement of its patent right over the designs 'karatachi' and 'yozora.' on january 15th, 2003 the defendant made a petition to the controller-general of patents, designs and trade marks for cancellation of registration of the design 'karatachi' in the name of the plaintiff. the .....

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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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Mar 18 2004 (HC)

Techmo Car Spa Vs. the Madras Aluminium Company Ltd. Represented by It ...

Court : Chennai

Decided on : Mar-18-2004

Reported in : 2004(2)ARBLR284(Madras); IV(2004)BC101; [2005]123CompCas533(Mad); 2004(3)CTC754; [2004]54SCL100(Mad)

..... with such discretion, for which the learned senior counsel for the malco relied on a decision in wander ltd., and another v. astox india (p) ltd., reported in 1991 the patents and trade marks cases 1:- (para 13)'13. the appeals before the division bench were against the exercise of discretion by the single judge. in such appeals, the appellate court .....

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Mar 18 2004 (SC)

M.P. Vidyut Karamchari Sangh Vs. M.P. Electricity Board

Court : Supreme Court of India

Decided on : Mar-18-2004

Reported in : [2004(101)FLR670]; JT2004(3)SC423; (2004)IILLJ470SC; 2004(3)SCALE383; (2004)9SCC755; 2004(2)SLJ414(SC); (2004)2UPLBEC1313

..... as writ petition no. 7255 of 2000. the said writ petition was dismissed by a learned single judge of the high court where against the appellant herein preferred a letters patent appeal marked as letters patents appeal no. 34 of 2001. by reason of the impugned judgment dated 11.9.2001, the division bench dismissed the said appeal.high court

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Mar 25 2004 (HC)

Kala Vs. Amrit Kumar and ors.

Court : Himachal Pradesh

Decided on : Mar-25-2004

Reported in : 2005ACJ427

..... ) corporeal personal property, which includes movable and tangible things such as animals, furniture, merchandise, etc. and (2) incorporeal personal property which consists of such rights as personal amenities, stocks, shares, patents and copy rights.19. considering the inclusive nature of the definition of the word 'property' (quoted above) a wider meaning has to be given to the term, that is, property .....

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Mar 30 2004 (TRI)

Bpl Refrigeration Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT

Decided on : Mar-30-2004

Reported in : (2005)272ITR47(Bang.)

..... considering the transaction to be sham, applied the provisions of section 35a. the cit(a) ought to have given a finding that the provisions of section 36a apply only to patents and copyrights and not to trademarks, and that further, for the provisions of section 35a to apply, the amount spent must be capital in nature, i.e., an outright acquisition .....

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Mar 30 2004 (TRI)

Bpl Refrigeration Limited Vs. Asst. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT

Decided on : Mar-30-2004

Reported in : (2004)91ITD203(Bang.)

..... .without considering the transaction to be sham, applied the provisions of section 35a. the commissioner ought to have given a finding that the provisions of section 35a apply only to patents and copy rights and not to trademarks, and that further, for the provisions of section 35a to apply the amount spent must be capital in nature, i.e. an outright .....

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Apr 01 2004 (HC)

S.P.S. Jayam and Co. Vs. the Registrar, Tamilnadu Taxation Special Tri ...

Court : Chennai

Decided on : Apr-01-2004

Reported in : (2004)3MLJ74; [2004]137STC117(Mad)

..... , 1977), the court observed as under:-' this definition also shows that the expression signifies 'things and rights considered as having a money value'. even incorporeal rights like trade marks, copyrights, patents or rights in personam capable of transfer or transmission, such as debts, are also included in its ambit.' the court, in the later part of the said judgment, again observed ..... as follows:- ' similarly, patents, copyrights and other rights in rem which are not rights over land are also included within the meaning of movable property.' c. volume 112 stc 370 (commissioner of sales tax .....

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