Court : Orissa
Decided on : Dec-22-2005
Reported in : III(2006)ACC787
a.k. parichha, j.1. this letters patent appeal is directed against the judgment of learned single judge in miscellaneous appeal nos. 29 of 1995 and 121 of 1995 enhancing the compensation of rs. 51,000 awarded by .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-08-2005
Reported in : (2006)1CALLT601(HC),2006(1)CHN487,2006(32)PTC243(Cal)
..... characteristic of his lordship's speeches, and relevant portions of which are quoted below :the right of property in a trade mark had special characteristics. one, which it shared with patents and with copyright, was that it was a monopoly, that is to say, it was a right to restrain other persons from using the mark. but it was an adjunct ..... trade mark by expunging the mark 'yorkshire relish'. basically on those facts a question arose whether the company is a person aggrieved within the meaning of section 90 of the patents act, 1883. justice chitty held that the company had the locus standi in view of the fact that they carried on a rival business in the same class of goods .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-30-2005
Reported in : 7SOT216(NULL)
..... permanent establishment to the head office of the enterprise or any of its other offices, by way of royalties, fees or other similar payments in return for the use of patents or other rights, or by way of commission, for specific services performed or for management, or, except in the case of a banking enterprise, by way of interest on monies ..... permanent establishment to the head office of the enterprise or any of its other offices, by way of royalties, fees or other similar payments in return for the use of patents or other rights, or by way of commission for specific services performed or for management, or, except in the case of a banking enterprise, by way of interest on monies .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Pune
Decided on : Nov-30-2005
Reported in : (2007)106TTJ(Pune.)741
..... "payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, any patent, trade mark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience." the renowned author has discussed several articles on model ..... by the 'association des bureaux pour la protection de la propriete industrielle' (anbpi), states that 'know-how is all the undivulged technical information, whether capable of being patented or not, that is necessary for the industrial reproduction of a product or process, directly and under the same conditions; inasmuch as it is derived from experience, know- ..... assistance, and to allow the use of such technology by owner in said plants under the terms and conditions hereinafter setforth.10.3 article 1 of this agreement defines "patent rights", "process design documentation" and "technical information", etc. article 2 of this agreement provides scope of the complex. the important article is article 3 which defines contractor ..... any copyright of literary article or scientific work including cinema photographic films; (b) right to use films or tapes for radio or television broadcasting; (c) right to use any patent, trademark, design model, plan or secret formula or process; (e) any information concerning commercial, industrial or scientific equipments, etc.7. with this background of definition, the .....Tag this Judgment!
Court : Delhi
Decided on : Nov-29-2005
Reported in : 125(2005)DLT504; 2006(86)DRJ113; 2006(32)PTC117(Del)
..... house of the plaintiff company.8. this court has no hesitation in saying that the time has come when the courts dealing actions for infringement of trade marks, copy rights, patents, etc. should not only grant compensatory damages but award punitive damages also with a view to discourage and dishearten law breakers who indulge in violations with impunity out of lust .....Tag this Judgment!
Court : Chennai
Decided on : Nov-25-2005
Reported in : (2006)1MLJ542; 2006(32)PTC65(Mad)
..... material to show that the manufacturing and marketing the product impugned under licence is only by adopting us patent and japan patent, and (ii) the patent documents, containing 10 preparation examples, would not show the cream product. as such, the conclusion, arrived at by the learned single judge, was not on the ..... view, has committed another error, in concluding that the first respondent company is manufacturing and marketing the product under the trade mark nadiderm, only on the basis of us patent and japan patent and not on the basis of admixture composition of the appellant. this conclusion, in our opinion, is also wrong for two reasons, namely, (i) there is no ..... by the drugs controller general for nadiderm to the first respondent was not on the basis of the admixture composition of the appellant, but was only by adopting us patent and japan patent; that though a challenge to the manufacturing licence at the instance of the appellant has been made before the delhi high court in the writ petition, the appellant ..... . this emr certificate confers an exclusive right on the appellant to sell and distribute in india the pharmaceutical composition, containing benzoquinoliziness, namely, nadifloxacin 1% cream under the provisions of the patents act, 1970.(v) in the meantime, hetero drugs limited, first respondent herein, applied to the drugs controller general of india, for manufacturing licence, to manufacture nadifloxacin 1% cream, .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Nov-25-2005
Reported in : (2006)99ITD479(Mum.)
..... or incorporeal. though it does not always mean physical property but it does mean the right, title, interest in a property. property also includes rights such as trade marks, copyrights, patents and even intellectual rights capable of transfer or transmission. they also include beneficial rights to a thing considered as having money value especially with reference to transfer/succession and their .....Tag this Judgment!
Court : Delhi
Decided on : Nov-18-2005
Reported in : 286ITR432(Delhi); 152TAXMAN113(Delhi)
..... is resident in india, includes any income received by the assessed from the government of a foreign state or foreign enterprise in consideration for the use outside india of any patent, invention, design or registered trademark and such income is received in convertible foreign exchange in india, or having been received in convertible foreign exchange outside india, or having been converted ..... few and may be set out, at the threshold.2. the appellant is a partnership concern comprising legal practitioners specializing in cases involving intellectual property rights and disputes relating to patents, trademarks, copyrights and designs, etc. for the asst. yr. 1997-98, the appellant declared a total professional receipt of rs. 2,79,09,740 which included receipts to the tune .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Decided on : Nov-10-2005
..... now as it was when lord coke reported heydon's case". the rule was reaffirmed by the earl of halsbury in eastman photographic materials company ltd. v. comptroller- general of patents, designs and trade-marks (1898) ac 571, 576 (hl) in the following words: my lords, it appears to me that to construe the statute now in question, it is not .....Tag this Judgment!
Court : Kerala
Decided on : Nov-08-2005
Reported in : AIR2006Ker58; 2006(4)CTC273; [2006(2)JCR94]; 2005(4)KLT865
..... to a division bench. the preliminary objection is overruled.'we are of the view that the same will apply in this case. unlike letters patent appeals, an order passed in exercise of original jurisdiction by a single judge is appealable under section 5(i) of the high court act. ..... following categories of judgment are excluded from the appealable judgments under the first limb of clause 10 of the letters patent:1) a judgment passed in exercise of appellate jurisdiction in respect of a decree or order made in exercise of appellate jurisdiction by a ..... apex court followed the judgment in shah babulal khimji v. jayaben d. kania : 1scr187 and held that the word 'judgment' used in letters patent should receive a wider or more liberal interpretation than the word 'judgment' used in the code of civil procedure. the court held as follows:'10...the ..... bombay high court in anand issardas motiani and ors. v. virji raisi air 1984 bombay 39, while considering the maintainability of appeal under letters patent (bombay) act against order passed under section 24 cpc, held that even though only judgments are appealable and an order passed by the single ..... high court in jagatguru shri shankaracharya jyotish peethadhiswar shri swami swaroopanand saraswati v. ramji tripathi and ors. : air1979mp50 is also under clause 10 of letters patent (m.p.) act wherein appeal will lie only against 'judgment' which involves final determination of some right or liability of the parties. in all these .....Tag this Judgment!