Court : Delhi
Decided on : Feb-14-1989
Reported in : AIR1989Delhi249; 1989(1)ARBLR339(Delhi); 38(1989)DLT78
..... has not otherwise given any grounds, much less cogent, for not following the principles behind the grant of patents in those cases. learned counsel for the respondent has submitted that claim for 'process for generation of power from solid carbonized fuels' was refused ..... the controller that the process of 'removal of dust' and the 'process of purifying exhaust gases coming out of diesel engine' were registered as patent no. 133673 and 147324 respectively but in the instant case the controller has ignored the same on the plea of these being bad precedents. he ..... at this stage to refer to provisions of section 5 of the act which lays down : section 5. inventions where only methods or processes of manufacture patentable. in the case of inventions. (a) claiming substances intended for use, or capable of being used, as food or as medicine or drug, or ..... himself and has ignored the provisions of section 5 of the patents act, 1970 (hereinafter referred to as 'the act') while rejecting the claim of the appellant. i have been taken through the order and various ..... the appellant had cancelled earlier statements of claims and as such the learned/counsel for the appellant has limited his appeal to the rejection of patent claim in respect of the above reproduced statement of claims only. (2) learned counsel for the appellant has urged that the controller has misdirected .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-19-1989
Reported in : AIR1989SC2227
..... ayurvedic, unani and homoeopathic preparations' as was done in the director's circular. on a comparison of the earlier explanation and the substituted explanation one would notice that earlier 'patent and proprietary medicines' meant a drug. in the substituted explanation it means any medicinal preparation. however, it cannot be lost sight of that the words 'medicinal preparation' ..... (allopathic, ayurvedic, unani and homoeopathic preparations) containing alcohol, opium, indian hemp or other narcotic drug or narcotic, which fall within the purview of the new definition of 'patent or proprietary medicines' given in the explanation, should therefore, be recovered at the rate of 10 per cent ad valorem from the holders of the licences granted under the ..... 17. the schedule was amended by the amending act no. 19 of 1961 and the amended schedule stood as follows :item no.descriptionof dutiable goodsrate ofduly1.medicinalpreparations, being patent or proprietary medicines,containing alcohol and which are not capable of being consumed as ordinaryalcoholic beverages.ten percent ad valorem.2.medicinalpreparations, containing alcohol, which are pre- pared ..... preparations' manufactured by the plaintiff (appellant) labelled and marked by the plaintiff (appellant) under their brand name and trade mark. this, therefore, fell within the scope of patent or proprietary medicine as given in explanation i below the schedule annexed to the act, as inserted from april 23, 1962 by finance act (no. 2) 1962.9. .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-24-1989
Reported in : 30ITD329(Mum)
..... and similar payments paid as consideration for the use of, or for the right to use, in one of the contracting states, any copyrights, artistic or scientific works or equipments, patents, designs, secret processes and formulae, trade marks, cinematograph films and other like properties and fees for technical services rendered in that connection, shall be treated as income from sources within ..... been defined as payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific works, cinematograph films, patents, models, designs, plans, secret processes or formulae, and trademarks. it would be clear from the above definition that the payment made by the indian company to the assessee could but .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-16-1989
Reported in : (1990)85CTR(Cal)98,190ITR525(Cal)
..... 1968, when the plant for production of tapered roller bearings was put up. the expenditure incurred prior to that date by way of payments for designs, patents, etc., amounting to rs. 1,524 lakhs were treated as capital expenditure. from the assessment year 1969-70 till the assessment year 1973-74, the ..... is how are the royalty payments to be treated after the manufacturing process started.13. the question of allowability of expenditure incurred for use of scientific data, patents and trade marks was gone into exhaustively by the supreme court in the case of cit v. ciba of india ltd. : 69itr692(sc) . ..... 1922. in that case, the supreme court pointed out that the assessee had not 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 of the swiss company. the assessee was 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 the company, the swiss company had not parted with any asset of the business by making the technical knowledge available to ..... unable to uphold this contention. the case before the supreme court was not a case of payment of royalty by a licensee for user of technical know-how, patents, designs, trade marks, etc. on the contrary, the supreme court pointed out (at p. 95 of 157 itr) :'the tenor of the agreement clearly .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-21-1989
..... interpretation of illinois unfair competition law in sears and compco, the florida statute represents a break with the tradition of peaceful coexistence between state market regulation and federal patent policy. the florida law substantially restricts the public's ability to exploit an unpatented design in general circulation, raising the specter of state-created monopolies in a ..... must take account of competing federal policies in this regard. similarly, as justice marshall noted in his concurring opinion in kewanee: "state trade secret laws and the federal patent laws have coexisted for many, many, years. during this time, congress has repeatedly demonstrated its full awareness of the existence of the trade secret system, without any ..... component part"). given the substantial protection offered by the florida scheme, we cannot dismiss as hypothetical the possibility that it will become a significant competitor to the federal patent laws, offering investors similar protection without the quid pro quo of substantial creative effort required by the federal statute. the prospect of all 50 states' establishing similar ..... domain through disclosure. state law protection for techniques and designs whose disclosure has already been induced by market rewards may conflict with the very purpose of the patent laws by decreasing the range of ideas available as the building blocks of further innovation. the offer of federal protection from competitive exploitation of intellectual property would .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-29-1989
..... authority over non-indian fee lands in the "open" area of its reservation is wrong, in my view, as a matter of law and fashions a patently unworkable legal rule, i dissent in nos. 87-1697 and 87-1711. because page 492 u. s. 449 justice stevens' opinion reaches the right ..... indians. allotted lands were held in trust for members of the tribe for a period of at least 25 years, after which the members received fee patents and could freely transfer the land to nonmembers. "when all the lands had been allotted and the trusts expired, the reservation could be abolished." mattz v ..... not restore to the indians the exclusive use of those lands that had already passed to non-indians or prevent already allotted lands for which fee patents were subsequently issued from thereafter passing to non-indians. justice stevens acknowledges that the allotment act eliminated tribal authority to exclude nonmembers from fee lands they ..... of the tribe. the land was held in trust for a period of years, generally 25, although the period was subject to extension, after which fee patents were issued. 5, 24 stat. 389. over time, through sale and inheritance, nonmembers of the tribe, such as petitioners brendale and wilkinson, have come ..... brendale's great aunt, a member of the yakima nation. the land passed by inheritance to brendale's mother and grandfather, who were issued a fee patent in 1963, and then, on his mother's death in 1972, to brendale. the land is zoned as reservation restricted area by the yakima nation .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-05-1989
..... all copyright registrations were for works for hire, according to a copyright office study. see varmer, works made for hire and on commission, in studies prepared for the subcommittee on patents, trademarks, and copyrights of the senate committee on the judiciary, study no. 13, 86th cong., 2d sess., 139, n. 49 (comm. print 1960) (hereinafter varmer, works made for hire). the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-23-1989
..... the alien tort statute and presumably such other grants of subject matter jurisdiction in title 28 as 1331 (federal question), 1333 (admiralty), 1335 (interpleader), 1337 (commerce and antitrust), and 1338 (patents, copyrights, and trademarks). [ footnote 5 ] congress provided in 1602 of the fsia that "[c]laims of foreign states to immunity should henceforth be decided by courts of the united states .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-15-1989
Reported in : (1990)89CTR(AP)43; 182ITR242(AP)
..... be perused by the court in considering whether or not a writ of certiorari should be granted on this aspect, lord denning, in his judgment in baldwin and francis v. patents appeal tribunal  2 all er 433 , observed (at page 444) : 'what is the 'record' for this purpose it is not confined to the formal record of the proceedings such .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Sep-11-1989
Reported in : I(1990)ACC659,1990ACJ608
..... /- per crop and so annually, it would be around rs. 3,000/- to rs. 4,000/- (two crops a year). it is normal that the deceased was young and his patents were in advanced stage of life; so he would be looking after the main agricultural opciations. the value of his contributions to the agriculture can thus be more than others .....Tag this Judgment!