Court : Kolkata
Decided on : Mar-10-1967
Reported in : AIR1968Cal109
..... , there is no substance in such contention. it is difficult to say under what circumstances the constituted attorney has verified the affidavit and there is no bar under the indian patents and designs act for a constituted attorney to verify a petition or an affidavit. lastly, mr. tibriwala has argued that the subject-matter involves complicated questions of fact and, as ..... petitioner's design not being novel or original, therefore, cannot be sustained. in this connection, mr. sankar ghosh has drawn my attention to the following passage in blanco white's patents for inventions' (3rd edition) page 263:'the issues in an action for infringement of design normally reduced to the complementary questions of validity and infringement, it should be noted, however ..... exist also very conspicuous points of identity between the two. 7. i may now discuss the relevant law on this point. the material portions of section 51a of the indian patent and designs act, 1911 read as follows :'cancellation of registration -- any person interested may present a petition for the cancellation of the registration of a design- (a) at any time ..... originality was in respect of the shape and configuration of the design of the said locks for cycle as illustrated in the annexure to the certificate of the controller of patents and designs dated may 25, 1965 which are annexed to the petition and collectively marked 'a'. after such registration, the petitioner has been manufacturing commercially the said cycle lock and .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-12-1967
Reported in : AIR1968Bom222; (1968)ILLJ616Bom; 1967MhLJ937
..... , but merely because the law had not forbidden him to do so, in the same way, before the passing of this act anybody had a right to call himself a patent agent - that is to say, the law did not forbid him to do so. a right enjoyed in that way is not, within the meaning of this saving clause, a ..... ' nullifies altogether the whole act so far as regards person who have been in practice as patent agents down to the commencement of the act. the answer to that seems to me to be that 'right acquired' means some specific right which in one way or another ..... without paying the prescribed fees on the basis that he had acquired the right of practicing as a patent agent because he was doing it before the act came into force. 15. channell. j., made the following observations at p. 411 : 'it is suggested that the phrase 'right acquired ..... . graham (1899) 1 q.b. 406. the appellant, starey, in that case, was bona fide in practice as a patent agent prior to the passing of the patents, designs and trade marks act, 1888. he was, therefore, entitled to be registered as a patent agent [under s. 1(3) of the trade marks act, 1888]. the question was whether he could do it .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-15-1967
Reported in : AIR1968SC1131; 69ITR692(SC); 2SCR696
..... before the departmental authorities that the assessee was entitled to these patent rights, and no investigation was permissible on that question in the high court. 22. suit no. 890 of 1946 was filed before the assessee was registered. by paying to the ..... for the manufacture of 'sulphathiazole' and the trade mark in respect of thiazamide did not however devolve upon the assessee. it cannot therefore be assumed that the rights to the patents standing in the name of may and baker were available to the assessee under its agreement with the swiss company. no argument was apparently advanced either before the tribunal or ..... amount to the swiss company was acting for protecting its trading interest. in the alternative, it was contended that the obligations of the swiss company arising in respect of the patents relating to sulphathiazole were debts which ciba (india) ltd. was liable to discharge, and from ciba (india) ltd. under the terms of the agreement dated june 18, 1948, that liability ..... work and scientific and practical experience. therefore the parties have agreed that ciba pharma shall pay to ciba basle a technical and research contribution for the use of its indian patents and/or trade marks referring to the said products. the technical and research contribution is at the same time a consideration for the scientific and technical assistance and will refund .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-10-1967
Reported in : 71ITR661(Cal)
..... the apportionment of consideration.there is no doubt here but that the rights were fixed capital assets. [reference was made to nethersole v. withers.] patent rights are always fixed capital assets unless the owner is dealing in them. it if of course always possible for the owner of a capital asset ..... the correct approach : see inland revenue commissioners v. roll-royce ltd., per viscount simonds, lord reid, and lord radcliffe. one way of exploiting a patent is to manufacture and sell under it : another is to grant licences. the granting of sub-licences was part of the overall business of the fibres ..... articles from the agreement products. . . (e) c.p.a. means the calico printers association limited of manchester, england. (f) the c.p.a. patents in the netherlands, belgium, austria, brazil, czechoslovakia, hungary, poland and spain owned by c.p.a., which are set out in the first schedule hereto all of ..... locally or to grant licences to selected foreign companies enabling them a manufacture equivalents of terylene under the c.p.a. and i.c.i. patents. even if i.c.i. had been itself prepared to face the huge capital expenditure involved in setting up sufficient terylene plants abroad to meet ..... for the development of the invention by others. clause 6 of the agreement expressly empowered . at its discretion to grant licence rights in respect of the patents to third parties.in the course of the next few years, . expended much money and effort in the development of the invention. as a result of .....Tag this Judgment!
Court : Delhi
Decided on : Feb-27-1967
Reported in : AIR1968Delhi1
..... under the mutawalliship of his heirs, successors or legal representatives, subject to the relevant provisions of the trade and merchandise marks act 43 of 1958 , and patents and designs act ii of 1911 in this behalf. in the event of the said period exceeding the maximum period prescribed by the said acts, the owner ..... export outside the said territory any of its products bearing the trade name, trade mark and patents, which, only the right of use is hereby covenanted for royalty consideration.' this agreement shall subsist, so long as the hamdard dawakhana (wakf) continues as ..... payment of the aforesaid royalty, the user shall have the exclusive right, during the currency of this agreement, to use trade name, trade marks and patents in the manufacture and sale of the user's products within the territory of the union of india, but the user shall nto have an right to ..... the user shall be bound to pay to the owner the said royalty at the following rates : - the royalty for the use of trade marks and patents shall be five per cent (inclusive of know-how) of the selling price of the said medicines and products subject to the minimum of rs. 6,000 ..... medicine and medical research has agreed to permit and the hamdard dawakhana (wakf), has covenanted to make exclusive use of the trade name, trade marks and patents, within the territory of the union of india in the manufacture and sale of the user's products within the territory of the union of india. .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-12-1967
..... developed in the early 1920's for entirely page 388 u. s. 361 legitimate business purposes, including royalty income to sugar land industries, which owned the sealy name, trademarks and patents, and the benefits to licensees of joint purchasing, research, engineering, advertising and merchandising. these objectives were carried out by successor companies, including defendant, whose activities have been directed not toward .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-30-1967
Reported in : AIR1969AP303
..... of all terms which can be used, as it is indicative and descriptive of every possible interest that a person can have. it includes rights such as trade marks, copyrights, patents and personal rights, or a share-certificate capable of transfer or transmission. it is for this reason ghulam hasan, j., in dwarakadas v. sholapur spg. and wg. co., : 1scr674 .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-02-1967
Reported in : (1968)ILLJ66P& H
..... the only point which sri b.r. tuli agitated on behalf of the respondents was the preliminary objection that the appeals under clause 10 of the letters patent were barred. that point has been discussed fully when dealing with the preliminary objection raised in all the seven appeals. these appeals are consequently allowed and ..... and fact and, therefore, the decision of the employees' insurance court would be final unless its decision involves a substantial question of law. accordingly, letters patent appeals nos. 250, 252 and 253 of 1963 are allowed and the orders of the learned single judge are set aside. these matters shall go back ..... of limitation under rule 17. it however, held that the rule was ultra vires. the same view was expressed by the insurance court in letters patent appeal no. 253 of 1963. the learned single judge in these appeals after the division bench had held that rule 17 was ultra vires merely addressed ..... to 31 december 1958 was within time and be made an order awarding a decree for that amount. an appeal under clause 10 of the letters patent was filed against that judgment and during the pendency of the appeal, a full bench of this court has held in united india timber works v ..... of the vires of rule 17 was canvassed. he referred the appeal together with other appeals which also included the appeals which have given rise to letters patent appeals nos. 251, 252 and 253 of 1963 to a division bench. the division bench consisting of falasnaw, c.j., and haroans singh, j., .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-02-1967
Reported in : AIR1967SC1274; 1967(0)KLT336(SC); (1967)IILLJ219SC; (1967)IILLJ249SC; 2SCR566
..... cannot be issued to a court or an inferior tribunal for an error of law unless the error makes it go outside its jurisdiction (see regina v. comptroller-general of patents and designs,  2 w.l.r. 760 and parisienne basket shoes proprietary ltd. v. whyte. 59 c.l.r. 369 a clear distinction must therefore be maintained between want .....Tag this Judgment!
Court : Chennai
Decided on : Jul-26-1967
Reported in : (1969)2MLJ14
..... held that the respondents were entitled to maintain the entry in the register, and that the appellants had no cause of action. the appeal was dismissed, and the present letters patent appeal is instituted from the judgment of the learned judge.3. the grounds are restricted in scope, and there are only two arguments that appear to require notice at our ..... regards the sound, or the orthography.6. the learned judge has referred to the dictum of lord macnaghten in the eastman photographic materials company, ltd. v. the comptroller-general of patents, designs, and trade marks l.r. (1898) a.c. 571, and stressed that, on the test of what is an invented words, there may be no objection even if the ..... (venkatadri, j.) was right in declining to interfere with the registration of the word blotex on behalf of the firm of respondents, descriptive of this character of goods. the letters patent appeal is therefore dismissed with costs.Tag this Judgment!