Court : Kolkata
Decided on : Nov-15-1995
Reported in : (1996)2CALLT483(HC)
..... the article or apparatus being new and useful-both these conditions must be present in the matter of obtaining the grant of a patent under the patent act. be it also noted that the learned trial judge has dealt with the two english decisions as cited by mr. chakraborty in ..... if the words 'new and useful manner of manufacture' were limited to the production of new articles without reference to the process of manufacture involving patent and improved, the inducement which law intended to give to the inventor would be encompassed within very narrow rules. the word 'manufacture' would, in ..... said to be correct since the appellant prayed for an order of injunction before the learned trial judge in regard to the protection of its patent being no. 169335 in its entirety. the respondents, however, disputed such a stand by reason where for the notes of submission, as submitted ..... of such inventions would be totally frustrated and the inventor would turn out to be a man dejected. the fundamental aim in practising the patent system is to protect and encourage fair competition in the field of technology so as the transform inventions or creations into real productive forces ..... a developing society and thereby giving rise to further scientific research and development for the benefit and enrichment of the present-day society, '''he patent office, therefore, has an important role to play in promoting scientific and technical progress and consequent economic development of the country. the inventions .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-22-1995
Reported in : AIR1995Kant290; 1996(6)KarLJ464
..... of the national flag or any colourable imitation thereof for the purpose of any trade, business, calling or profession or in the title of any patent or in any trade mark or design without the prior permission of the central government is an offence under the emblems and names (prevention of improper ..... seeks to prevent the improper use of these names, emblems, etc., for the purpose of trade, business, calling, profession patent or design, and to impose a penalty tor misuse of emblems, etc., specified in the schedule and empowers the central government to make additions and amendments ..... commercial and trade purposes and in a manner likely to offend the sentiments of the people. the provisions of the indian trade marks act 1940, indian patents and designs act, 1911, indian merchandise marks act, 1889, and the indian companies act, 1913, are not adequate to prevent these abuses. the bill ..... bearing any name or trademarks or designs which bear emblem or name specified in scheduled as well as for prohibition to the grant of a patent in respect of an invention which bears a title containing any emblem or name, provided the use of such emblem is in contravention of the ..... the central government, use or continue to use, for the purpose of any trade, business, calling or profession, or in the title of any patent, or in any trade-mark or design, any name or emblem specified in the schedule or any colourable imitation thereof without the previous permission of the .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-21-1995
Reported in : (1996)132CTR(Guj)102; 220ITR153(Guj)
..... agreement under which the assessee was licensed to manufacture in india cyanuric chloride as per the process developed by musashino or degussa, geigy was the person authorised under respective patent orders to manufacture that product in india. it was also permissible for geigy to sub-licence its associates in india for the manufacture of the said product in india. ..... entered into the agreement with the assessee on 14th july, 1965. the geigy sub-licensed the assessee to manufacture cyanuric chloride under musashino's as well as degussa's patents processes, know-how and improvements. in consideration of the said sub-licence permitting the assessee to manufacture cyanuric chloride under the said two processes, the assessee was to pay ..... chloride under or according to degussa's patents, processes, know-how and improvements. under this right to manufacture the said product in india from the said two companies. geigy had a right to sub-licence geigy's ..... 1st jan., 1956 had acquired the right to manufacture in india cyanuric chloride under the licence from musashino chemical laboratories ltd. ('musashino' for brevity) under or according to musashino's patents processes, know-how and improvements under a supplemental agreement dt. 22nd april, 1963. likewise, geigy has also obtained licence from a german company 'degussa' to manufacture in india cyanuric .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-08-1995
Reported in : 1997(57)ECC179; 1995LC427(SC); 1995(76)ELT481(SC); 1995(2)SCALE153; 1995Supp(2)SCC372; 2SCR595
..... said industrial property rights including applicable patents, trade marks, registered designs and design copyrights relating to the engine or any parts, components or other elements thereof; xxx xxx xxx xxx xxx xxx xxx xxx(e) peugeot hereby ..... and its exclusive possession of all the industrial property rights relating to the engine and to the peugeot engine technology such as processes and manufacturing secrets as well as licences, patents, trade marks and brand names; (b) to enable implementation of the objectives of this agreement, feugeot expressly grants to m&m; the exclusive rights to use in india all the ..... , after hearing the company, issued an order dated 20.9.1985, holding that out of the lumpsum payment made to the respondents-m/s. peugeot 15% is attributed towards designs, patents and trade marks, and the circumstances under which ckd packs are imported warrant valuation under rule 8 of the customs valuation rules, 1963 read with section 14(1)(b) of .....Tag this Judgment!
Court : Authority for Advance Rulings
Decided on : Aug-23-1995
Reported in : (1997)228ITR487AAR
..... consists of lump sum consideration for the transfer outside india of, or the imparting of information outside india in respect of, any data, documentation, drawing or specification relating to any patent, invention, model, design, secret formula or process or trade mark or similar property, if such income is payable in pursuance of an agreement made before the 1st day of april ..... equipment by abc and the usa which stipulates for no separate consideration at all, all the other contracts provide for payments to abc as a consideration for the use of "patenting trademarks, designs, models, plans, secret formula or processes" which belong to abc or are acquired by it from others or "for information concerning industrial, commercial or scientific experience" or "in ..... the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, or films or tapes used for radio or television broadcasting, any patent, trade mark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience. (4) the term "fees for technical services" as used in this ..... permanent establishment to the head office of the enterprise or any of its other offices, by way of royalties, fees or other similar payments in return for the use of patents or other rights, or by way of commission for specific services performed or for management, or, except in the case of a banking enterprise, by way of interest on .....Tag this Judgment!
Court : Delhi
Decided on : Sep-22-1995
Reported in : 1995(35)DRJ11
..... in india, steam leak detection equipment, which might be similar in technical specifications to the plaintiff's acoustic steam leak detection system registered under indian patent no.162647. defendant has now applied for vacation of the order of injunction. i heard learned counsel for the parties at length, after notice ..... alleged that the acoustic system offered by the defendants to the chief engineer (thermal designs) of tamil nadu electricity board is in violation of plaintiffs' patent in all respect, since all the salient features of the plaintiff's apparatus have in pith and substance been copied by the defendants. it is ..... s suit. not only there is deliberate concealment of material fact but there is a positive false statement made that plaintiff's system has got patent protection in many countries of the world except south africa. plaintiff no.2 in the litigation, which resulted in a judgment in defendant's ..... 1985 pertaining to plaintiff's invention 'steam leak detection'. had this information been brought to court's notice that plaintiff no.2 had a patent in south africa where defendant no.2 had been engaged in similar business and both plaintiff no.2 and defendant no.2 had litigated with ..... specifications were available to the public and were publicly known prior to the claim since there has been publication of plaintiff's application for european patent. (10) the defendant's on affidavit stated that as many as 70 systems and 1356 sensors had already been sold by defendant no.2 .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : May-26-1995
Reported in : (1995)LC258Tri(Delhi)
..... the copy of the judgment of principal distt. judge. it is clear from the finding of the court that shri doraiswamy has no exclusive rights under the patent and designs act. in such a circumstance, how could shri doraiswamy claim royalty and therefore, this finding cannot be given much credence.(ii) the ld. ..... to tilting type wet grinders that the design had been registered under designs act, 1911 and designs rules 1933; the pattern has been applied for under patents act, 1970 by shri r. doraiswamy and the tilting type wet grinder manufactured by all the 11 units for its own benefits, and part of manufacture ..... through a job worker and these bodies were supplied to the other units who are engaged by the said shri r. doraiswamy for the manufacture of these patented tilting type wet grinders. (d) the bottom plate and top cover required for the grinders were obtained from m/s. plastic craft ltd., madras ..... said to be controlled by the said r. doraiswamy only as explained below: (a) the goods are continued to be manufactured on the same design as patented by shri r. doraiswamy in the brand name 'santha'. for the goods claimed to have been manufactured by the other units, no royalty said to ..... . santha industrials had designed a tilting type wet grinder and registered the same in his name and the same is patented under the indian patents and designs act, 1911 in his name. the patent number is 156166. the brand name and the logo embossed on the wet grinders were applied for registration by him .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-12-1995
Reported in : ILR1995KAR2010
..... pure drug co. (india) ltd. v. may and baker ltd., wherein certain principles are noticed, which govern the grant of an interlocutory injunction in the case of an infringement of patent. the calcutta high court therein required the plaintiff to prove three factors, namely : (a) they must show a prima facie case by placing material, which would lead the court ..... infringing in any manner certain patent of which the plaintiff claimed to be a proprietor and patentee the plaintiff had to make out a prima facie case about the existence of his monopoly right and its ..... bishwanath prasad radhey shyam v. m/s. hindustan metal industries : 2scr757 . this position is reiterated in ilr (1991)) 1 delhi 257. no presumption of validity would attract to a patent granted by the controller under this act notwithstanding the examination and investigation made under sections 12 and 13 thereof. thus, in a suit for permanent injunction restraining the defendants from ..... have allowed that status to continue and decide the case quickly rather than vacating the same. 5. the respondents denied that the appellants are exclusively entitled to the registered patent relating to the improved probe for umht and they had obtained the same by suppressing the facts. the respondents aver that proceedings had already been initiated to revoke the alleged .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-09-1995
Reported in : (1996)131CTR(Guj)1
..... to use the patents and the trade marks of that company. it was held that under the above agreement the assessee did not acquire any asset of advantage of an enduring nature for the ..... knowledge of the swiss company for a limited period of 5 years. even for that limited duration, the assessee did not, under the said agreement, become entitled exclusively to the patents and trade mark of the swiss company. the assessee was on that account merely licensee for a limited period of the technical knowledge of the swiss company with the right ..... it ref. no. 174 of 1983) for exclusive user of the trade mark 'tebilized', nor did any of the agreements dt. 30th sept., 1972, transfer any ownership right in any patent or trade mark in favour of any of the above assessee-companies, but the technical knowhow was for a process employed merely to give anti-crease property to cloth and .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Sep-29-1995
Reported in : (1996)(81)ELT81TriDel
..... grants deductions for royalties and licence fees referred to in rule 9(1)(c), which may include among other things payments in respect to patents, trademarks and copyrights. the rule further states that the charges for the right to reproduce the imported goods in the county of importation shall ..... expense or compromise incurred or made by sbi without the licensor's prior written consent. 15.3 where, in consequence of a claim of patent infringement in respect of the software, sbi is permanently enjoined from using the same licensor will, at its expense, either procure for sbi the ..... any third party action brought against sbi based on a claim that the software as supplied to sbi infringes, an existing indian or any international patent, provided that the licensor shall first be promptly notified in writing of such claim and given complete authority, information and assistance required for the ..... in india. the licensor shall have the right to control and direct the defence of any claim that the software infringes any copyright or patent, and will indemnify sbi against direct expenditures incurred in defending any such claim, sbi shall endeavour to give the licensor adequate cooperation and assistance ..... prescribed as follows: "the royalties and licence fees referred to in rule 9(1)(c) may include among other things payments in respect to patents, trademarks and copyrights. however, the charges for the right to reproduce the imported goods in the country of importation shall not be added to the .....Tag this Judgment!