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Judgment Search Results Home > Cases Phrase: patents Year: 1975 Page 1 of about 381 results (0.010 seconds)

May 28 1975 (HC)

Ram NaraIn Kher Vs. Ambassador Industries New Delhi and anr.

Court : Delhi

Decided on : May-28-1975

Reported in : AIR1976Delhi87

..... aspect. 20. the defendants by their plea that the invention and the advantages claimed by the plaintiff had not been adequately described in the patent and adequately claimed in the claim to bring it within the ambit of the term 'invention' within the meaning of the act raise arguable ..... with the specifications and drawings, what he claims as his own and what, thereforee, they (the opposite party) must not do without infringing the patent; in other words he 'must mark out with adequate distinctiveness. the boundary of the territory that he claims to be exclusively of his own.' 10 ..... not sufficiently and fairly describe the invention and the method by which it is to be informed. 4. 'invention' as defined in section 2(1) of the patents act. 1970. (herein called 'the act') means any new and useful (i) art, process, method or manner of manufacture; (ii) machine, apparatus or ..... is incurring heavy loss due to the adoption of his patent and due to manufacturing, selling or offering for sale air coolers by the defendants. 3. the defendants in their reply resisted the application, inter ..... grievance of the plaintiff is that in january 1974, he came to know that the defendants have infringed and further intend to infringe the aforesaid patent by wrongfully adopting the plaintiffs process and method without his permission and are selling their coolers in delhi. the plaintiff accordingly avers that he .....

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Jul 03 1975 (HC)

Acc-vickers Babcock Ltd. Vs. Commissioner of Income-tax, Bombay City I ...

Court : Mumbai

Decided on : Jul-03-1975

Reported in : [1976]103ITR321(Bom)

..... assessee was on that account a mere licensee for a limited period of the technical knowledge of the swiss company with the right to use the patents and trade marks of that company. what the assessee acquired under the agreement was merely the right to draw, for the purpose of carrying on ..... been sold by the swiss company to the assessee, that the assessee did not become entitled, even during the period of the agreement, to the patents and trade marks of the swiss company but it had merely access to the technical knowledge and experience in the pharmaceutical field which the swiss company ..... be useful to introduce licensed preparations and to promote their sale in india. it granted to the assessee full and sole right and licence under the patent listed in the agreement to make, use, exercise and vend the inventions specified therein in india and also a licence to use certain specified trade ..... three years after the termination date, and (d) the equipment covered by the agreement was to bear the name of the fuller and legally proper patent notices but could also carry the name of the assessee as manufacturer and/or licensee of fuller in the said countries. 8. having regard to various ..... 3 years after the termination date. it was further agreed that the equipment covered by the agreement shall bear the name of fuller and legally proper patent notices but may also carry the name of the assessee-company as manufacturer and /or licensee of fuller in the countries mentioned in the agreement. .....

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Mar 25 1975 (HC)

Transformer and Switchgear Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Mar-25-1975

Reported in : [1976]103ITR352(Mad)

..... of an exclusive licence covering the inventions, etc., defined in sub-paragraph (a), whether they be protected or not, and including the industrial protection rights appertaining to them (patents, rights from patent applications and registered designs). the duration of the licence is equal to the duration of this agreement. the territory for which the licence is granted is india. transformer & switchgear ..... assistance for establishment, starting of work and operation of the work; secondly, giving technical know-how for the manufacture; and thirdly, grant of right to use the licences, patents, etc. in the view of the tribunal the fee paid for the first category of assistance was capital in nature. since the assessee was never manufacturing transformer at any earlier ..... & switchgear give to one another in pursuance of this agreement are to be kept strictly secret from all third parties in so far as they have not been disclosed by patents. this particularly concerns inventions, etc., made by the parties in the field of the contract matter, improvements, etc., thereto. all communications between the parties which are marked ' ..... assign the licences and/or to grant sub-licences. dominit shall determine the kind and the extent of any and all rights of industrial protection (i.e., patent rights, rights under patent applications and registered designs) in the field of the contract matter. the industrial protection rights in the field of the contract matter are, remain or shall become .....

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Mar 25 1975 (HC)

Fenner Woodroffe and Co. Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Mar-25-1975

Reported in : [1976]102ITR665(Mad)

..... the assessee was to pay 5% royalty on the net selling price of all laminated products made and sold by it in accordance with the patented processes. when the total of the royalty payment reached 5,000, the assessee was no more liable to pay royalty. under another agreement ..... pharma was on that account a mere licensee for a limited period of the technical knowledge of ciba basle with a right to use the patents and trade marks. ciba pharma was prohibited from divulging or assigning the information or data connected with the manufacturing process received by it. on ..... relied on the following facts: ciba pharma did not under the agreement become entitled exclusively even for the period of the agreement to the patents and trade marks of the swiss company. it had merely access to the technical knowledge and experience in the pharmaceutical field which ciba basle commanded ..... by ciba pharma...2%10%18. ciba pharma was prohibited from divulging or assigning the benefit of the agreement or sub-licensing of the patents and trade marks to third parties without the consent of the swiss company any confidential information received under the agreement. the agreement further provided ..... the phrase, sui generis. it is not easily compared with factory or office buildings, ware-houses, plant and machinery or such independent legal rights as patents, copyrights or trade marks, or even with goodwill. 'know-how' is an ambience that pervades a highly specialised production organisation and, although i think .....

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Mar 03 1975 (FN)

Decoteau Vs. District Court

Court : US Supreme Court

Decided on : Mar-03-1975

..... was established under the treaty of february 19, 1867, 15 stat. 505. approximately half of the incidents involved occurred on allotted indian land, and half occurred on land patented to non-indians. the south dakota supreme court ruled that, since some of the incidents pertaining to dependency and neglect occurred on nontrust land within the reservation, they happened ..... done within "indian country" as defined in 18 u.s.c. 1151, for they occurred on land "within the limits of" an indian reservation "notwithstanding the issuance of any patent. . . . " petitioner decoteau is an enrolled member of the sisseton-wahpeton sioux tribe against whom south dakota brought dependency and neglect proceedings in the state courts, seeking to terminate ..... through the same." [ footnote 2 ] if the lands in question are within a continuing "reservation," jurisdiction is in the tribe and the federal government "notwithstanding the issuance of any patent, [such jurisdiction] including rights-of-way running through the reservation." 18 u.s.c. 1151(a). on the other hand, if the lands are not within a continuing reservation ..... as used in this chapter, means (a) all land within the limits of any indian reservation under the jurisdiction of the united states government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent indian communities within the borders of the united states whether within the original or subsequently acquired territory .....

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Feb 05 1975 (FN)

American Cyanamid Vs. Ethicon Limited

Court : House of Lords

Decided on : Feb-05-1975

Reported in : [1975]UKHL1; [1975]1ALLER504

..... convenience.in his opinion it lay infavour of maintaining the status quo until the trial of the action.so hegranted cyanamid an interlocutory injunction restraining ethicon frominfringing the patent until the trial or further order.the grant of an interlocutory injunction is a remedy that is both temporaryand discretionary.it would be most exceptional for your lordships ..... a new use for a known substance.on 5th march, 1973, cyanamid started a quia timet action against ethiconfor an injunction to restrain the threatened infringement of their patent bysupplying sutures made of xlg to surgeons in the united kingdom.onthe same day they gave notice of motion for an interlocutory injunction.voluminous affidavits and exhibits were ..... radicals, the remaining 10 per cent, are lactide radicals,which are similar in chemical properties to glycolide radicals but not identicalin chemical composition.cyanamid contend the xlg infringes their patent, of which the principalclaim is " a sterile article for the surgical repair or replacement of living" tissue, the article being readily absorbable by living tissue and being formed ..... ofa kind that disintegrate and are absorbed by the human body once theyhave served their purpose.the appellants (" cyanamid "), an americancompany, are the registered proprietors of the patent.its priority datein the united kingdom is october 2nd, 1964.at that date the absorbablesutures in use were of natural origin.they were made from animaltissues popularly known as catgut .....

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Mar 21 1975 (SC)

Sable Waghire and Company and ors. Vs. the Union of India (Uoi) and or ...

Court : Supreme Court of India

Decided on : Mar-21-1975

Reported in : AIR1975SC1172; (1975)1SCC763; [1975]SuppSCR9

..... seeks to prevent the improper use of these names, emblems, etc., for the purpose of trade, business, calling, profession, patent or design, and to impose a penalty for misuse of emblems, etc., specified in the schedule and empowers the central government to make additions and amendments in ..... and trade purposes and in a manner likely to offend the sentiments of the people. the pro visions of the indian trade marks act, 1940, indian patents and designs act, 1911, indian merchandise marks act, 1889, and the indian companies act, 1913, are not adequate to prevent these abuses. the bill ..... commerce within the state'. hence the residuary entry 97 of list i will be attracted. alternatively, he submits the legislation is closer to entry no. 49 'patents, inventions, designs, copyright, trade marks and merchandise marks' in list no. 1 of the seventh schedule.13. in considering the question of competency of legislation ..... of persons which bears any name, or(b) register a trade mark or design which bears any emblem or name, or(c) grant a patent in respect of any invention which bears a title containing any emblem or name; if the use of such name or emblem is in contravention of ..... the central government, use, or continue to use, for the purpose of any trade, business, calling or profession, or in the title of any patent, or in any trade mark or design, any name or emblem specified in the schedule or any colourable imitation thereof without the previous permission of the .....

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Mar 13 1975 (HC)

Heemanshu Traders Vs. Delhi Electricals

Court : Delhi

Decided on : Mar-13-1975

Reported in : ILR1975Delhi653; 1976RLR225

..... raised by the learned counsel for the respondent that present appeal is not competent as a regular first appeal under section 96 of the code of civil procedure because the patents and designs act does not provide for an appeal from the order passed by the court under this act and section 10 of the delhi high court act also cannot ..... been framed by the high court in exercise of its rule-making power under sections 122 and 129 of the code of civil procedure or clause 27 of the letters patent, the same had the force of law and non-compliance with any rule in this respect would render the memorandum of appeal liable to rejection. (8) an appeal filed without ..... /75 in fao (os) 42/74. this appeal has been filed against the judgment and decree of the learned single judge in a patent action transferred to the high court under proviso to section 29 of the indian patents and designs act, 1911. the judgment was announced on july 22, 1974. after taking into account the time spent in obtaining certified copies .....

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Feb 06 1975 (HC)

Deepak Printery Vs. the Forward Stationary Mart and ors.

Court : Gujarat

Decided on : Feb-06-1975

Reported in : (1976)17GLR338

..... of the copyright act is to protect authors and artists from being exploited. so far as the commercial and industrial designs and rights are concerned, the legislature has enacted the patents act and the designs act. turning now to the copyright act, it is necessary to realise that 'ideas', can never be the subject matter of copyright. copyright can subsist in ..... repro duction of ideas and it does not give a monopoly to any particular form of words or design. it is thus to be distinguished from the rights conferred by patent trade mark and design legislation, which give to the registered proprietor an exclusive right to the registered material, even as against a person who has reproduced such material innocently and ..... the subject-matter of a design under the designs act. sub-section (2) of section 15 provides that in a design which is capable of being registered under the indian patents and designs act, 1911, no copyright can be claimed. this is the view which the learned trial judge has taken and in my opinion rightly. sofar as take design is .....

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Jan 17 1975 (HC)

Commissioner of Sales Tax, Maharashtra, Bombay Vs. Lala Lajpatrai Hote ...

Court : Mumbai

Decided on : Jan-17-1975

Reported in : [1975]35STC368(Bom)

..... to the former act or acts and to the ascertained evils to which the former act or acts had given rise (see eastman photographic material co. v. comptroller-general of patents, designs and trade marks [1898] a.c. 571. from the decision of the supreme court in state of west bengal v. subodh gopal and others : [1954]1scr587 , it appears that .....

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