Court : Mumbai
Decided on : Feb-08-1979
Reported in : AIR1980Bom123
..... or damage or value of the property sued for did not exceed rupees one hundred. in view of the amendment to clause 12 of the letters patent, it is now not open to any party to contend that where the suit is cognizable either by the bombay city civil court or the bombay ..... question provided for by the said section 28. it was because at the date when the bombay rent act was enacted, clause 12 of the letters patent had not been amended, and the only exception to the high court's jurisdiction with respect to suits triable by the court of small cause at ..... proceedings cognizable by the high court in its admiralty, vice-admiralty, testamentary, intestate, matrimonial and insolvency jurisdictions and under any special law other than the letters patents and suits and proceedings cognizable by the small cause court. thus, by section 3 of the bombay city civil court act, the jurisdiction of the city ..... bombay, in which the debt or damage, or value of the property sued for, does not exceed one hundred rupees.'by the bombay high court letters patents amendment act, 1948 (bombay act xli of 1948), the said clause 12 was amended with respect to the aforesaid exception to the high court's power ..... the said section 41. the arguments of mr. sanghavi, however, overlook two very important statutory provisions, namely, the amendment to clause 12 of the letters patent of this high court and section 3 of the bombay city civil court act, 1948. the extent and limits of the ordinary original civil jurisdiction of this .....Tag this Judgment!
Court : Chennai
Decided on : Jul-16-1979
Reported in : 130ITR900(Mad)
..... ) of clause 13. clause 13 states that the amount of 5,000 per annum would be paid ' by way of royalty for the supply of technical information, use of leyland patents, supply of standard velo-graphs, technical data, machine loading and other similar and necessary technical information normally supplied by leyland in accordance with their practice in other countries'. this clause ..... of 5,000 per annum for a period of five years from the date of this agreement by way of royalty for the supply of technical information, use of leyland patents, supply of standard velographs, technical data machine loading and other similar and necessary technical information normally supplied by leyland in accordance with their practice in other countries. the first ..... acquired merely technical knowledge or 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 '.' 7. therefore, in determining the allowability of the amount, we have to be guided only by the terms of the agreement ..... the rate of 5,000 for a period of five years from the date of the agreement by way of royalty for the supply of technical information, use of leyland patents, supply of standard velographs, technical data relating to machine loading and other similar and necessary technical information normally supplied by leyland in accordance with their practice in other countries. .....Tag this Judgment!
Court : Delhi
Decided on : Feb-23-1979
Reported in : ILR1981Delhi939
..... two strips is used for the purpose of making a complete film strip viewer. he also made a statement that mangat ram choudhary acknowledges the patent of raj parkash to the above extent for the duration for which it is granted to him. learned counsel further stated that within 10 days ..... as claimed by the plaintiff appellant be issued. he further stated that his client will enter into an agreement with the defendant for the supply of patented viewers on terms mutually agreed between the parties and place a copy of the agreement on the record of the case. (6) on january 19 ..... narain, advocate, appearing for raj prakash, inter alia, made the following statement : 'onbehalf of my client i accept the above terms. by upholding the appellant's patent the suit may be decreed in terms of the compromise contained in statement of learned counsel for respondents 1 and 2......' on january 11, 1977 the appeal again came ..... any type of technique including masking in exposing a film, in processing a film, in developing the negative film and printing the positive films. the patent that be claims as having been granted to him is in a medially cut positive 35 mm. printed film. (with one or plurality of pictures) ..... ram choudhry, his firm, choudhry plastic works, and another firm m/s. chacha baloon store of agra, claiming that these three parties were infringing his patent rights in producing, marketing and selling a toy, which is a viewer using a 355 mm. medially cut positive film on which are printed one .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-19-1979
Reported in : 123ITR773(AP)
..... this court. therein the assessee paid royalties for acquiring a licence for the use of the special knowledge of the processes covered by certain patents owned by the collaborator english company in respect of the manufacture of anew product copper-clad laminates. though the new laminated project was of ..... emphasised that the two types of machinery to be manufactured by the assessee under the agreements were found to be entirely new items which were patented by the collaborators and which were in their production range only. the assessee, without payment of any royalty or any amount, would be ..... and technical know-how for the manufacture of a different type of machinery which was not in the production range of the assessee but was a patented product of the collaborators and as such they constituted capital expenditure. the tribunal, relying upon the decisions of this court in hylam's case : ..... of ten years shall not affect the right of the assessee-company to use for the purpose of their business all the information, techniques, patents and copy right and other rights, drawings, plans and documents which have been transferred to it or which may have come to their ..... termination of the agreement shall not affect the rights of the assessee-company to use for the purpose of their business all the information, techniques, patents, copyrights, drawings, plans and documents relating to the machine which have been transferred from the foreign collaborators to the assessee or which may have .....Tag this Judgment!
Court : Chennai
Decided on : Feb-21-1979
Reported in : (1980)14CTR(Mad)259; 136ITR322(Mad)
..... had only a licence for a limited period for making use of the technical knowledge of the foreign company with the right to use the patent, etc., and by reason of this agreement, the indian company did not acquire any kind of assets or an advantage of an enduring nature ..... assessee could carry on the business subsequently, of manufacturing brakes and other items used in automobiles, still if the manufactured items offend any of the patents, then the assessee would have to pay damages and could also be prevented from carrying on the manufacture. therefore, the assessee would not be in ..... shall hereafter obtain the control of any such improvement or addition to and in such case and whether the improvement or addition shall have been patented or not the grantor will (without payment, by the licensee of any further expenses occasioned thereby to the grantor) communicate and explain the same ..... devices manufactured and sold by the licensee, and... (iii) in consideration of the licence and other rights granted hereunder in respect of the schedule patents and the grantor's designs a royalty amounting to two per cent. of the factory cost of all licensed devices and spare parts for such ..... tools for all such equipment. the u.k. company was in possession of technical information relating to the above types of equipment. it also obtained patents in india in respect of several items of equipment. the assessee started to manufacture brakes and other items and, therefore, entered into an agreement .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-17-1979
..... ; united shoe machinery corp. v. united states, 258 u. s. 451 . [ footnote 2/12 ] indeed, the leading cases condemning the practice of "block-booking" involved copyrighted motion pictures, rather than patents. see united states v. paramount pictures, 334 u. s. 131 ; united states v. loew's inc., 371 u. s. 38 . [ footnote 2/13 ] see tampa electric co. v. nashville ..... be closely scrutinized. that duty is especially important when the aggregation is composed of statutory monopoly privileges. our cases have repeatedly stressed the need to limit the privileges conferred by patent and copyright strictly to the scope of the statutory grant. the record in this case plainly discloses that the limits have been exceeded, and that ascap and bmi exercise monopoly ..... /11 ] or by refusing to grant a license under one patent unless the licensee also takes a license under another, are equally applicable to copyrights. [ footnote 2/12 ] it is clear, however, that the mere fact that the holder of ..... cases, there would be no question about the illegality of the blanket-only licensing policy if asap and bmi were the exclusive sources of all licenses. a copyright, like a patent, is a statutory grant of monopoly privileges. the rules which prohibit a patentee from enlarging his statutory monopoly by conditioning a license on the purchase of unpatented goods, [ footnote 2 .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-28-1979
..... is in respect of the disclosure of said jane [aronson's] application (not merely in respect of its claims), and that even if no patent is ever granted on the jane [aronson] application, quick point pencil company is obligated to pay royalties in respect of any keyholder manufactured by ..... would be in conflict." 416 u.s. at 416 u. s. 484 . enforcement of this royalty agreement is even less offensive to federal patent policies than state law protecting trade secrets. the most commonly accepted definition of trade secrets is restricted to confidential information which is not disclosed in ..... contracting parties is a matter of speculation; the parties resolved the uncertainties by their bargain. (4) no decision of this court relating to patents justifies relieving quick point of its contract obligations. we have held that a state may not forbid the copying of an idea in the ..... c. 2201, that the royalty agreement was unenforceable. quick point asserted that state law which might otherwise make the contract enforceable was preempted by federal patent law. this is the only issue presented to us for decision. page 440 u. s. 261 both parties moved for summary judgment on affidavits, ..... whenever "the volume of sales does not meet our expectations." the duration of the agreement was not otherwise prescribed. a contemporaneous document provided that, if mrs. aronson's patent application was "not allowed within five (5) years, quick point pencil co. [would] pay . . . two and one half percent (2 1/2%) of .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-14-1979
Reported in : (1979)13CTR(Bom)209; 123ITR538(Bom); 2TAXMAN149(Bom)
..... selection and arrangement of plant, equipment, etc., for setting up the automotive division at tatanagar. (b) grant to telco on an exclusive basis for india the manufacturing rights, together with patents, patent rights, secret and other processes relating to the manufacture of automotive products. (c) supply of drawing and designs and full technical information required for the manufacture of automotive products. (d ..... and full technical information to be made available by m/s. daimler benz 'daimler benz will grant to telco on an exclusive basis for india the manufacturing rights together with patents, patent rights, secret and other processes relating to manufacturing programmes for the time being in force under this agreement.' 12. reference was then made to the provisions of cls. (17) ..... affidavit in respect of services rendered by m/s. henricot is annex.'c-1'. 15. in respect of both these companies it is stated by mr. moolgaonkar that no patent or patent rights or licences have been transferred or assigned to telco by either m/s. henricot or m/s. daimler benz. with regard to the services rendered by m/s. ..... the assessee-company but also for getting technical assistance which took the shape of the foreign company giving the assessee-company all inventions and designs relating to railway wagons, whether patented or not, owned by the british company. the british company was required to give full technical information in relation to the design and manufacture of any existing type of .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-23-1979
Reported in : ILR1979KAR1547; 117ITR682(KAR); 117ITR682(Karn)
..... ) the assessee acquired under the agreements the right to obtain and use further technical knowledge which might be developed by standard and its associates and the right to use the patents of standard and it associates both during and after the period of agreements. (vi) the agreements were to be a force for a period of 7 years. (vii) the assessee ..... collaborator). the assessee was on that account held to be a mere licensee for a limited period, of technical knowledge of the foreign company with a right to use the patents and trade marks of that company. in other words, the assessee was held to have acquired under the agreements, merely the right to draw for the purpose of carrying on .....Tag this Judgment!
Court : Delhi
Decided on : Aug-20-1979
Reported in : ILR1980Delhi215
..... engineering co. v. paul engineering co. : : air1968cal109 , while dealing with an application for cancellation and/revocation of a design, observed as follows 'readmgss. 51-a and 2(5) of the patents and designs act, it appears that a subsequent design should be self same or identical design registered earlier. the design, the registration of which is sought to be cancelled under ..... all points and should differ on none. they have to be substantially the same.(25) cave, j. in gordon and munro v. patrick and hili : (1895) vol. 12 reports of patent, design and trade mark cases 22, at page 24(1) gave the following direction to the jury while deciding a case relating to infringement of design : 'gentlemanof the jury: the ..... electric toasters which are being manufactured by the plaintiffs (exhibits pi and p2) and stated that they have got the design of exhibit p/l registered with the controller of patents and designs, calcutta under registration certificate no. : 140873. exhibit p/3 is the copy of the said certificate and exhibit p/4 is the representation of the plaintiffs in respect .....Tag this Judgment!