Court : Chennai
Decided on : Apr-29-1992
Reported in : AIR1993Mad120
..... all the components and design, colour scheme and the patent being evolved and adopted by herself contained in the trade literature and the guarantee card and that in consequence thereof, she has been able to develop a first-hand commercial ..... to the registration of the trade mark under the relevant provisions of the trade and merchandize marks act and the copyright act having evolved a particular design and mode and patent for their product and that upon which the original owner smt. madhuri mathur isdeemed to have the exclusive and proprietory right to the registered trade mark and the copyright over ..... designs over four articles were elapsed.14. therefore, basing on the above-referred case laws and the various provisions of the trade and merchandize marks act, copyright act and the patent and designs act, importing to the facts of the instant case, the learned senior counsel, thiru u.n.r. rao, vehemently contends that in the context of the business turn ..... the guarantee card as was shown in all the documents, exs. a1 to a4, the learned senior counsel drew my attention to the registration certificate of the designs under the patents and designs act 1911 issued by the authorities constituted under the act over five designs being adopted and followed by the applicants in producing the power operated sumeet kitchen mixie .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-20-1992
Reported in : 208ITR541(Cal)
..... the property referred to also includes immovable property. there are various classes of properties. in the present day world of technology even the expertise and technical know-how, data, designs, patents and copyrights are accepted as intellectual property but on that score, such property could not be an 'article'.25. the word 'article' also occurs in the indian standards institution (certification ..... . 26. in regard to designs, the term means any article of manufacture and any substance, artificial or natural or partly natural and partly artificial, vide section 2(2) of the patents and designs act, 1911. 27. we have referred to these statutes only to explain that the word 'articles' of manufacture for trade, in its common acceptation, refers to goods and .....Tag this Judgment!
Court : Delhi
Decided on : Nov-06-1992
Reported in : 1992(24)DRJ463
..... r.p.c.127 dealt with the case of prior user. the following passages may be reproduced to illustrate the facts of the case: 'pa patent application, relating to the antibiotic ampicillin trihydrate was opposed on grounds including prior user, and the following facts were established. prior to the date of ..... or to the government undertaking.'(10) mr. pravin anand,who has appeared for the defendant has argued in support oi his application that the patent was wrongly obtained by the plaintiffs, as the invention was not new having regard to what was publicly known and publicly used in india ..... (b) by the government or by any person authorised by the government or by a government undertaking, in consequence of the applicant for the patent or any person from whom he derives title having communicated or disclosed the invention .directly or indirectly to the government or person authorised as aforesaid ..... of the filing of the relevant specification.' (3). .... 48.rights of patentees- (1) subject to the other provisions contained in this act, a patent granted before the commencement of this. act,shall confer on the patentee the exclusive right by himself, his agents or licensees to make, use, exercise, ..... from using, in any manner, whatsoever the casing, design/construction similar or deceptively similar to the casing/design/construction of the plaintiff in its indian patent no. 164857 dated may 12, 1987. (3) i.a.no. 1992 of 92 under order 39 rule 4 read with section 151 civil procedure code . .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-16-1992
Reported in : AIR1993SC477; Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217
..... ) punjab province v. daulat singh and ors. 1942 s.c.r. 67; (2) orient paper and industries ltd. v. state of orissa, : air1991sc672 and 678; (3) in re. hatschek's patents 1909 chancery division vol. ii 68 at 82 and 85 and (4) hari vishnu kamath v. syed ahmed ishaque and ors. : 1scr1104 .303. yet another argument placing reliance on .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-15-1992
Reported in : (1993)112CTR(Bom)131; 207ITR1017(Bom)
..... net proceeds of the products for future development work and technical assistance and a royalty of 2 per cent. on net products for the right to use patents and the name of the foreign collaborator on its products. on the question whether the payments made under the agreement were taxable as revenue expenditure, this court ..... foreign company commanded. since it had merely a licence for a limited period of the technical knowledge of the foreign company, with the right to use the patents and trade marks of that company, the supreme court was of the view that the assessee acquired, under the agreement, merely a right to draw, for ..... the parties; article 8 deals with the obligation of either party to inform the other party by notice in case it did not intend to apply for patents covering improvements made in the gear box in question; article 9 is the secrecy clause; article 10 provides that the agreement would be for a period of ..... , nor was it allowed to assign the benefit of the agreement or grant sub-licenses of the patents and trademarks. upon termination of the agreement, for any reason, the assessee had to cease to use the patents and trademarks and return to the foreign company all technical documents and materials received under the agreement and ..... know-how made available by a party to such an agreement does not stand on the same footing as protected rights under a registered patent. there is no property right in know-how which can be transferred just as it is, in a limited sense, in a .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-14-1992
..... its members had an interest, respondent! cross-petitioner yakima nation commenced this action for declaratory and injunctive relief, contending that federal law prohibited these taxes on fee-patented lands held by the tribe or its members. on stipulated facts, the district court awarded summary judgment to the tribe and entered an injunction prohibiting the imposition ..... governance which had characterized the pre-dawes act era, congress halted further allotments and extended indefinitely the existing periods of trust applicable to already allotted (but not yet fee-patented) indian lands. see 461, 462. in addition, the act provided for restoring unallotted surplus indian lands to tribal ownership, see 463, and for acquiring, on behalf ..... or disallowed, as appropriate, depending exclusively upon whether it has in fact been authorized by congress. pp. 266-268. (c) however, the excise tax on sales of fee-patented reservation land cannot be sustained. the indian general allotment act explicitly authorizes only "taxation of ... land," not "taxation with respect to land," "taxation of transactions involving land," ..... act, which includes a proviso authorizing the secretary of the interior, "whenever ... satisfied that any [indian] allottee is competent ... [,] to ... issu[e] to such allottee a patent in fee simple," and provides that "thereafter all restrictions as to ... taxation of said land shall be removed." (emphasis added.) thus, the indian general allotment act contains the unmistakably .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Pune
Decided on : Aug-31-1992
Reported in : (1993)44ITD83(Pune.)
..... the income tax act, 1922. it was held that under the agreement, the assessee did not become entitled exclusively even for the period of agreement of 5 years to the patents and trade marks of the swiss company and had merely access to the technical knowledge and experience in the pharmaceutical field which the swiss company commanded. the assessee was held ..... to be 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 its business as a manufacturer .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-26-1992
..... state may differ widely from the rights which [that person] enjoys in another." h. r. rep. no. 944, 76th cong., 1st sess., 4 (1939). the house committee on trademarks and patents, recognizing that "trade is no longer local, but ... national," saw the need for "national legislation along national lines [to] secur[e] to the owners of trademarks in interstate commerce definite .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-06-1992
Reported in : AIR1992SC974; JT1992(2)SC353; 1992(1)SCALE555; (1992)2SCC592; 2SCR39; 1992(1)LC780(SC)
..... well. mr. sanghi relying on the aforesaid judgment submitted before us that the decision of the division bench dated 9th august, 1978 in the letters patent appeal, when it quashed the notifications under sections 4 and 6 of the land acquisition act 'in so far as it related to the respondents therein ..... the aforesaid order of the division bench that the contention urged in support of the writ petition on behalf of the appellant was that the letters patent appeal no. 14 of 1977 was wrongly decided. against the aforesaid decision dated 11th september, 1978 special leave petition was filed which is the ..... writ petition is legally maintainable on the ground that a wrong concession was made in the letters patent appeal which was decided by us earlier, or that the decision in that appeal was wrong.no other point is urged before us.for the reasons ..... quashed. in the circumstances of the case, we are not agreeable with the learned counsel, especially when relief was granted to the respondent in that letters patent appeal on the basis of the concession that was made by mr. anand swamp, senior advocate, who was appearing for the respondents. moreover, no ..... before the competent court. the writ petition filed by the present appellant came up for hearing before the same bench which had decided the earlier letters patent appeal no. 14 of 1977 and the division bench passed the following order:the only contention raised before us is that in l.p.a. .....Tag this Judgment!
Court : Company Law Board CLB
Decided on : Oct-22-1992
Reported in : (1995)83CompCas371
..... collaboration agreement dated april 1, 1960. clause 9(b) of the said agreement clearly provided as under : " groz beckert agrees to transfer to the new company free of charge all patents, trade marks and trade names belonging to groz-beckert or over which it has power of disposal for use in india and, if necessary, grant irrevocable licence in respect thereof .....Tag this Judgment!