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Judgment Search Results Home > Cases Phrase: patents Year: 1977 Page 1 of about 363 results (0.023 seconds)

Mar 25 1977 (HC)

Raj Parkash Vs. Mangat Ram Chowdhry and ors.

Court : Delhi

Decided on : Mar-25-1977

Reported in : AIR1978Delhi1; ILR1977Delhi412; 1977RLR440

..... plaintiff; that the alleged invention was of no utility; that there were other producers of film strips claimed by the plaintiff as his patent; that the patent was obtained by fraud etc. (4) after the plaintiff had filed a replication reiterating his case and statements before issues were recorded, ..... marked and kept on the record as (1), (1a) mecorama and a fourth viewer arc definitely objects produced by piracy of the plaintiff's patent. the defendants have made certain variationsn its viewers but these are unessential; and what the defendants market is substantially the same thing, as was ..... .(after dealing with the demonstration given in court and referring to .encyclopedia of photography) i, thereforee, cannot uphold the plaintiff's case that he had a patent for making two pictures in a single cine-frame. .... however, the third claim, which is the claim for a combination, is novel in the sense ..... : air1969bom255 , held that the main function of the c'ourt is to construe the claims (stated at the end of specifications in the patent) which are alleged to have been infringed without reference lo the body of the specifications and to refer to the specification only if there is ..... the above said petitioner (s) (including his legal representatives) and assigns or any of them shall, subject to the provisions of the indian patents and designs act, 1911, as patentee(s) have the exclusive privilege of making, selling and using the invention throughout india and of authorising others .....

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Jul 04 1977 (HC)

imperial Chemical Industries Ltd. Vs. Controller General of Patents, D ...

Court : Kolkata

Decided on : Jul-04-1977

Reported in : AIR1978Cal77

..... between indian explosives limited and the patentees cannot be a factor in deciding the terms for interim working of the patented invention by the applicants. i am of the opinion that even the 3% royalty on the ex-factory sale price offered by sunil kumar basu on behalf of the applicants ..... .200,000 by indian explosives limited to the patentees. the possibility of collaboration between the patentees and the indian explosives limited extending even after the expiry of the term of patent no. 77950 cannot be ruled out. further, it is well-known that indian explosives ltd. and the patentees are closely allied and associated; accordingly, whatever agreement may be made ..... 1) the applicants, catalysts and chemicals india (west asia) limited shall have the full licence and authority to use or exercise the process claimed in claims 19-24 of indian patent. specification no. 77950 and to use, sell, distribute and dispose of the catalyst manufactured by such manufacturer and hereby permit the person(s) purchasing the catalysts so manufactured by the ..... metal or alkaline earth and metal compound which is readily soluble in water and is applied to the nickel and refractory oxide material catalyst components by impregnation.'3. the said patent contained several examples indicatory of the operations of the catalyst. claims 19 to 24 according to the appellant dealt with the methods of producing the catalyst as indicated in claims .....

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Jul 05 1977 (HC)

Commissioner of Income-tax, Bombay City Iii Vs. Pruthivi Trust

Court : Mumbai

Decided on : Jul-05-1977

Reported in : [1980]124ITR488(Bom)

..... the second of these processes that has been utilised for the manufacturing business carried on by the trust. since the property settled upon trust includes patents donated thereafter and also conversions and investments thereof it is quite clear that if business to manufacturer and market products with a view to carry ..... 17. the question then arises, simply because under clause 2(j) the trustees are authorised to manufacture and market products with the use of patents and inventions settled upon trust, does it mean that such activities of manufacturing and marketing the products can be regarded as property held under trust ..... 2(j) in the trust deed the trustees had no authority to carry on business of a manufacturing and marketing products with the use of patents and inventions, ordinarily any income derived from such business cannot be regarded as income derived from property held under trust. before clause 2(j ..... general public utility, then it will be charitable purpose only if such activity for profit. he submitted that in the present case if the patents and inventions are exploited by the trustees they are indulging in an activity for profit and, therefore, having regard to the special definition given ..... out that the business is incidental to the exploitation of the parents and inventions and what is incidental is a part of the trust. if the patents and inventions are taken out, there would be no business left. according to him the business itself is, therefore, held under trust. the .....

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Nov 16 1977 (HC)

Antifriction Bearings Corporation Ltd. Vs. Commissioner of Income-tax, ...

Court : Mumbai

Decided on : Nov-16-1977

Reported in : [1990]186ITR181(Bom)

..... this question the supreme court observed as follows at page 699 : 'the assessee 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 the swiss company commanded. the assessee was on ..... which might be useful to introduce licensed preparations and to promote their sale in india. the indian company was also granted a 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. licence was also granted to use certain specified trade marks in the territory ..... the know how, etc., and that too far an indefinite period, and acquisition of a capital asset should be distinguished from the other benefits under the agreement like user of patents and receiving continuous advice and assistance for manufacture including information embodying in the fruits of further research. the tribunal, therefore, split up the amount of royalty on a rough and ..... machinery, material, etc. the assessee-company had agreed that it would not be entitled to use any knowledge about investing of the austrian company for the procurement of its own patents. the consideration which the assessee-company was required to pay in pursuance of the collaboration agreement with the austrian company was specified in clause 16 as follows : 'in consideration of .....

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Jul 05 1977 (HC)

Harihar Pershad Jaiswal Vs. Suresh Jaiswal and ors.

Court : Andhra Pradesh

Decided on : Jul-05-1977

Reported in : AIR1978AP13

..... the minor was actually living with her mother at vaghel village which was within the jurisdiction of the mehasana district court. against this decision of the single judge, a letters patents appeal had been filed and a division bench of the gujarat high court has clearly observed that court at palanpur had no jurisdiction to try the original petition as the .....

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Dec 22 1977 (HC)

Girdhari Lal Gupta Vs. K. Gian Chand JaIn and Co., Delhi-6

Court : Delhi

Decided on : Dec-22-1977

Reported in : AIR1978Delhi146; 14(1978)DLT132

..... -matter of such an application was the registration of a design by an entry made in the register of designs which is maintained in the patent office under s. 46 of the act. she argued that the subject-matter consisted, thereforee, only of the act of registration and continuance ..... place, then the legislature would have defined the high court to mean the high court having jurisdiction over the controller general of patents & designs functioning in the patent office. the reason why the legislature did not do so must be that according to the scheme of the act, the legislature ..... legislature had intended that only one high court should have jurisdiction to entertain petitions for revocation of patents under the old s. 26 of the act, repealed in 1970, or for petitions for cancellation of registration of designs under s. 51-a ..... amendments since the original definition was enacted in 1911. the following significant inferences can be drawn from this definition.1. though, there was only one patent & designs office in india from 1911 to 1970, the definition of 'high court' was never confined to one particular high court. if the ..... the pleas sought to be raised were that the relief of cancellation of registration has to be directed against the register of designs maintained at the patent office situated at calcutta. the certificate of registration had been granted by the controller, who is also located at calcutta. the calcutta high court .....

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Mar 14 1977 (HC)

Commissioner of Income-tax Vs. I.A.E.C. (Pumps) Ltd.

Court : Chennai

Decided on : Mar-14-1977

Reported in : [1977]110ITR353(Mad)

..... dealing with the payment of the amount in question expressly provides for the said payment for the know-how and use of the names and patents, etc., of aturia and for the manufacture of units commercially saleable and for general fulfilment of other conditions of the agreement. the provision ..... the same subject to the approval of the government of india; (3) during the currency of the agreement, aturia had undertaken not to surrender its patents without the consent of the assessee and to make available to the assessee any improvements, modifications and additions to designs; (4) aturia has, also ..... knowledge for the manufacture of any particular item for a specified duration then he had acquired only a licence to use the other party's patent and knowledge and the amount would constitute ' revenue expenditure '. it is against the background of this general position we have now to consider ..... be treated as revenue expenditure for the services rendered by the foreign collaborators such as grant of licence for the manufacture of submersible pumps, use of patent and trade marks and training of indian engineers, etc. and.the other 50% should be treated only as capital expenditure. against this order of ..... the assessee to manufacture and sell electric submersible pumps up to 12 hp; clause (ii) dealt with supply to the assessee with a copy of patents deposited in india and in force in various countries such as united states, germany and england ; clause (iii) provided that the assessee will have .....

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Aug 02 1977 (HC)

Shantilal Paramshankar Joshi, Sole Prop., Espee and Co. Vs. themis Dis ...

Court : Chennai

Decided on : Aug-02-1977

Reported in : (1979)1MLJ213

..... and ask in the alternative for damages based on the profits which the infringers could have obtained by making a wrongfully use of the plaintiff's patent. the learned trial judge exercised his discretion and granted' this alternative prayer. we have had occasion to consider the import of such a request by ..... a time when there was no statutory provision is pressed into service by the learned counsel for the appellant. but for section 60 of the english patents act 1949, and even the general law as is applied and accepted in india, probably this argument is attractive. but, we cannot brush aside ..... and directing that on the plaintiff paying the court-fee due on that ascertained amount there would be a decree declaring the validity of the plaintiff's patent. the matter was again posted, after delivery of the judgment, for certain clarifications. once again the learned judge on 8th april, 1974, after ..... trial and after looking into the oral and documentary evidence, that the plaintiff was the true and first inventor of the product and that the patent claimed by the plaintiff was already known in india. on a comparison of the material objects placed before him viz., the one invented by the ..... by the defendants or loss suffered by the plaintiff by manufacturing and/or selling and/or using since the defendants commenced infringement thereof; during the patent period of such profits by the defendants or loss suffered by the plaintiff by ordering payment of such sums as the hon'ble court may .....

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Jun 28 1977 (FN)

Zacchini Vs. Scripps-howard Broadcasting Co.

Court : US Supreme Court

Decided on : Jun-28-1977

..... to invention as they do in protecting the intellectual property relating to the subject matter of copyright. the only limitation on the states is that, in regulating the area of patents and copyrights, they do not conflict with the operation of the laws in this area passed by congress. . . ." 416 u.s. at 416 u. s. 479 . although recognizing that the ..... clause empowering congress to grant patents and copyrights is the conviction that encouragement of individual effort by personal gain is the best way to advance public welfare through the talents of authors and inventors in 'science ..... in his act; the protection provides an economic incentive for him to make the investment required to produce a performance of interest to the public. this same consideration underlies the patent and copyright laws long enforced by this court. as the court stated in mazer v. stein, 347 u. s. 201 , 347 u. s. 219 (1954): "the economic philosophy behind the ..... interest of the individual in his act in part to encourage such entertainment. [ footnote 10 ] as we later note, the state's interest is closely analogous to the goals of patent and copyright law, focusing on the right of the individual to reap the reward of his endeavors and having little to do with protecting feelings or reputation. second, the two .....

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Aug 22 1977 (HC)

indo-pharma Pharmaceutical Works Private Limited Vs. Pharmaceutical Co ...

Court : Mumbai

Decided on : Aug-22-1977

Reported in : (1978)80BOMLR73

..... said order of the assistant registrar, the plaintiffs had filed the appeal, which was allowed by a single judge and the decision of the single judge confirmed in the letters patent appeal by a division bench and subsequently by the supreme court. in the suit counsel for the defendants tried to urge the contentions which are indicated in para. 6 of ..... text of this enactment is to be found at p. 658 of tenth edn. of kerley's law of trade marks and trade names. the same position continued under the patents, designs and trade marks act, 1883, and there was no comparable provision in this enactment also; the text of the act of 1883 is to be found at p. 664 .....

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