Court : Gujarat
Decided on : Apr-08-1994
Reported in : (1995)1GLR380
..... understood that the defendant would be launching its product tea under the name 'sargam' in the market 'shortly.' thus this letter dated august 22, 1991, of l. s. dawar & co., patents and trade mark attorneys to the defendant firstly makes it clear that at least on august 2, 1991, the defendant knew that the plainitff had entered the market with its ..... . 11. the learned trial judge has very heavily and, in my opinion rightly, relied upon the letter dated august 22, 1991, received by the defendant from l. s. dawar & co., patents & trade mark attorney. that letter dated august 22, 1991, was written by l. s. dawar & co. to the defendant in reply to the defendants letter dated august 2,1991. that .....Tag this Judgment!
Court : Delhi
Decided on : Nov-21-1994
Reported in : 1994IVAD(Delhi)1045; 56(1994)DLT673; 1995(32)DRJ429
..... with the written statement, referred to in the preceding paragraph, reads as under :- annexure-1 comparative chart prior art given in the prior art given in plaintiffs' alleged plaintiffs patent specifications - patent invention patent specifications no-111139 no. 157991.: dtd.17.6.67 in favor of bj. hegde pulverized glass of powdering of glass to powdering the substantial particle 100 to 200 mesh ..... c. 1444, their lordships of the supreme court have held :- 'it is important that in order to be patentable an improvement on something known before or a combination of different matters already known, should be something more than a mere workshop improvement; and must independently satisfy the test of ..... annexure-1 with the written statement, this.court is satisfied that the defendant has raised prima facie a valid defense to the plaintiff's action of alleged infringement of his patent no. 157991. the plaintiff is, thereforee, not entitled to the grant of ad-interim injunction prayed for. (16) in bishwanath prasad radhey shyam vs. h.m. industries, 1982 s. ..... displaced when applied to , wall surface. such tiles were produced from molten glass. the plaintiff's research involving considerable expenditure and effort resulted into a solution forming subject matter of patent no. 154388 effective from 4.6.80 it related to a glass tile having a front face thereon the distance between two opposite side walls of the front face was .....Tag this Judgment!
Court : Delhi
Decided on : Apr-22-1994
Reported in : 1995(32)DRJ447
..... to increase their economic value or that of their products is not an invention. out attention is invited to. section 4 of the act which deals with grant of the patent subject to certain conditions. (5) learned counsel contended that if gatt agreement is allowed to be signed by the indian government, the fundamental rights of citizens of this country, ..... for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof. this provision shall be reviewed four years after the expiry into force of the agreement establishing the wto ..... of the said annexure which deals with article 27.5.3(b) of trips (trade related aspects of intellectual property rights) which read as follows : 'parties may exclude from patentability plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and micro-biological processes. however, parties shall provide ..... to restrained the union of india from, agreeing to sign and signing art. 27.5.3(b) of the trips agreement. they also seek a direction for exclusion of patents on life-forms including plants, animals, human beings produced through biological or microbiological processes, whether natural or modified on grounds of public morality and public order. they seek a further .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : May-13-1994
Reported in : (1994)LC362Tri(Delhi)
..... the licensee under its technical information and improvements furnished by the licensor to the licensee pursuant to this agreement as well as under relevant patents of the licensor which the licensor has filed or will file for said technical information, non-exclusive, non-transferable rights to manufacture contract products in india and to sell contract ..... the licensor." as can also be seen from para 7.1., of the agreement, the collaborator has granted rights to the appellant in respect of technical information and improvement including patents of the licensor as per the [terms] of the contract. para 7.1 to 7.3 states as follows : "7.1. the licensor for the period this agreement, grants to ..... of the same company. the appellants are manufacturing the goods according to the specification and design of their collaborator. the goods were being marketed throughout the world. the goods were patented and its rights were held by the collaborator company. ld. jdr also submitted that the appellants had not disclosed about the fact of use of the trade name "festo" held .....Tag this Judgment!
Court : Chennai
Decided on : Aug-30-1994
Reported in : (1995)127CTR(Mad)221; 214ITR22(Mad)
..... correct to say that mere goodwill has been purchased by the assessee in the instant case. the agreement details the use of not only the technical know-how, but also patent, design, etc., which would be a commodity like any other capital asset. for this reason, the argument that the amount paid will have to be treated as a revenue expenditure ..... assessee has, in fact, allotted 200 shares worth rs. 2,00,000 to its foreign collaborator in consideration not only of the know-how, but also for the use of patents, trademarks, licence, certification, designs, marks, etc., in india. it is also not in dispute that having done so, the assessee has shown the said amount of rs. 2,00,000 ..... compounds. the foreign company, messrs. maschmeijer aromatics, has permitted its technical know-how to be supplied to be used by the assessee. they have also permitted the use of their patent trademark, design, certification marks, etc., by the assessee-company. clause 7(g) of the agreement provides that the assessee-company will have exclusive licence to use in india, the ..... patents, trademarks, designs, licence, certification marks, processes and modes of production for the manufacture and sale of the said production in the country. it appears that the participation of the foreign .....Tag this Judgment!
Court : Monopolies and Restrictive Trade Practices Commission MRTPC
Decided on : Aug-11-1994
Reported in : (1994)81CompCas341NULL
..... right or title. accordingly choses in action included debts, benefits of contract, damages for breach of contract or tort, also stock, shares and debentures and even such incorporeal rights as patents, copyrights and trademarks." 10. analysing the concept and characteristics of debentures ramaiya on company law and procedures (twelfth edition) commented at page 29 that a debenture is a chose in .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Chandigarh
Decided on : Aug-31-1994
Reported in : (1994)51ITD313(Chd.)
..... vi(2), however, defined the term "royalty" to mean "any royalty or other like amount received as consideration for the right to use copyright, artistic or scientific works, cinematographic films, patents, models, designs, plant, secret processes or formulae, trade marks and other like property or rights".article xvii stipulated that "the laws in force in either of the territories will continue ..... the income of the recipient chargeable under the head 'capital gains') for- (i) the transfer of all or any rights (including the granting of a licence) in respect of a patent, invention, model, design, secret formula or process or trade mark or similar property; (ii) the imparting of any information concerning the working of, or the use of, a ..... patent, invention, model, design, secret formula or process or trade mark or similar property; (iii) the use of any patent, invention, model, design, secret formula or process or trade mark or similar property; (iv) the imparting of any information concerning technical .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Oct-27-1994
Reported in : (1995)52ITD640(Mum.)
..... tenements, goods or chattels which does not depend on another's courtesy; it includes ownership, estates and interests in corporeal things and also rights such as trade-marks, copy-rights, patents and even rights in personam capable of transfer or transmission, such as debts; and signifies a beneficial right to or a thing considered as having a money value, especially with .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Nov-29-1994
Reported in : (1995)52ITD249(Delhi)
..... 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, cinematographic films (including films for use in connection with television and other like properties) and fees for technical services rendered in that connection ..... which are rendered the services for which such fees are paid.it is clear from the above definition of 'royalty' that it is consideration for use of copyright, work, design, patent, etc. the extended definition would include fees for technical services rendered in that connection in the contracting state. in other words, for purposes of article x(e) the property in .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Sep-12-1994
Reported in : (1994)LC44Tri(Delhi)
..... )(a) of the customs act, 1962 and the decision to resort to section 14(1)(b) and loading of the invoice value on account of design, patent and trade mark fee in terms of rules 6 and 8 of the valuation rules, 1963 is not sustainable.11. it has been contended on behalf of ..... suzuki, japan. the tribunal also held that payment of royalty/fee under the licencee agreement was relatable to indigenous manufacture of components and vehicles of suzuki's patents, designs and specifications and the use of trade mark was also for marketing of indigenously manufactured goods and neither royalty nor the use of trade mark had ..... such payments and the imported parts. he added that out of the know-how fee paid by the appellants no payment was attributable to the so-called patent and design rights granted by the foreign collaborator. he submitted that the reliance placed by the collector (appeals) on the provisions of brussels convention was wholly ..... assistance agreement there was a special relationship between the appellants and their foreign collaborators. on the grounds that the appellants were using the patent, design and trade mark of the foreign collaborators and as per rule 6 of the customs valuation rules, 1963 any fee paid for use of ..... patent, design and trade mark is to be included while determining the value of imported goods, he held that having regard to the royalty paid .....Tag this Judgment!