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Judgment Search Results Home > Cases Phrase: patents Year: 2000 Page 1 of about 1,090 results (0.010 seconds)

Nov 27 2000 (HC)

Schneider Electric Industries S.A. Vs. Telemecacique and Controls (Ind ...

Court : Delhi

Decided on : Nov-27-2000

Reported in : 2000(56)DRJ539

..... reasonable cause failed to comply with the request of the central government to make, use or exercise the patented invention for the purposes of government within the meaning to section 99 upon reasonable terms........'however, under section 64 the following persons may petition ..... (a) for the purpose of reasonable trial or experiment only........ (4) without prejudice to the provisions contained in sub-section (1) a patent may be revoked by the high court on the petition of the central government, if the high court is satisfied that the patentee has without ..... within six months for recordal of the deed of the assignment dated 28th march, 1994. the plaintiffs representation to the controller of designs and patents that there was only a simple change of name from lte to schneider electric industries is an over simplification. in so far as this ..... agreement.in march, 1984 all rights of lte vested in schneider electric s.a. (the previous name of the plaintiff) with all rights including patents, and designs. thereafter lte merged into the holding company of the plaintiff and such merger was approved on 9th june, 1997. the plaintiffs grievance ..... relied upon in the plaint have lapsed.c) functional shapes or mechanical devises cannot be the subject matter of design registration.d) the patents are invalid as the patented features are in the nature of obvious improvements.e) the plaintiffs case is hit by acquiescence, estoppel, delay and laches.f) the .....

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May 09 2000 (SC)

M/S S. M. Dyechem Ltd. Vs. M/S Cadbury (India) Ltd.

Court : Supreme Court of India

Decided on : May-09-2000

Reported in : 2000LC1(SC); (2000)3GLR2548; JT2000(7)SC151; 2000(4)SCALE713; (2000)5SCC573; [2000]Supp1SCR86; 2001(1)LC181(SC)

..... there was considerable criticism of the principles laid down in american cyanamid. (see also floyd, interlocutory injunctions since cyanamid 1983 e 1 pr 238, (cole, interlocutory injunctions in u.k. patent cases 1979.e 1 pr 71 (see also edenborough m and tritton, american cyanamid revisited 1996 e 1 pr 234 and philipps in 1997 jbl 486. this court referred to ..... distribution is in accordance with any one or more of the conditions specified in section 47.it is true that under section 107 of the patents act, it is permissible in any suit for infringement of a patent, for the defendant to raise all pleas in defence which he could have raised under section 64 of the act for revocation and there ..... ground on which it may be revoked under section 64 shall be available as a ground for defence.(2) in any suit for infringement of a patent by the making, using or importation of any machine, apparatus or other article or by the using of any process or by the importation, use or distribution of any medicine ..... to move for rectification and is to adjourn the suit.15. learned senior counsel, in this context, pointed out the distinction, between the trade marks act and the patents act, by referring us to section 107 of the patents act, 1970. that section reads as follows:section 107 defences, etc. in suits for infringement:(1) in any suit for infringement of a .....

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Jul 24 2000 (HC)

The Cit Delhi-i Vs. the Printers House Pvt. Ltd.

Court : Delhi

Decided on : Jul-24-2000

Reported in : (2002)173CTR(Del)72

..... having found so, the tribunal came to the conclusion that the entire amount of dutch guilders 1,25,000 was for the acquisition of the patent rights by the assessee. while arriving at the said conclusion the tribunal also referred to the letter issued by the government of india approving the ..... the revenue had preferred appeal to the tribunal against the finding of the appellate assistant commissioner that 50% of the payment was towards acquisition of patent rights and that board's said circular was applicable to the facts of the case. the stand of the assessed before the tribunal was that ..... been wrongly applied by the appellate assistant commissioner. it was also argued before the tribunal that the present was not a case of acquisition of patent rights or copyrights and the assessed had in fact bought only technical know-how which did not fall within the ambit of the afore-noted ..... way of depreciation had been under consideration of government for quite some time. it has now been decided that the expenditure incurred on purchase of patent rights should be treated as consolidated revenue expenditure by spreading it over a period of 14 years. accordingly, such expenditure may be allowed to be ..... 9th june, 1961, the tribunal was legally correct in holding that the entire payment of 1,25,000 dutch guilders was for the acquisition of patent rights by the assessed company?' 2. though the references are four in number but they pertain to three assessment years, namely, assessment years 1969- .....

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Jul 24 2000 (HC)

Commissioner of Income-tax Vs. Printers House Pvt. Ltd.

Court : Delhi

Decided on : Jul-24-2000

Reported in : [2000]246ITR663(Delhi)

..... having found so, the tribunal came to the conclusion that the entire amount of dutch guilders 1,25,000 was for the acquisition of the patent rights by the asses-see. while arriving at the said conclusion, the tribunal also referred to the letter issued by the government of india approving ..... had preferred appeal to the tribunal against the finding of the appellate assistant commissioner that 50 per cent. of the payment was towards acquisition of patent rights and that the board's said circular was applicable to the facts of the case. the stand of the assessed before the tribunal was ..... been wrongly applied by the appellate assistant commissioner. it was also argued before the tribunal that the present was not a case of acquisition of patent rights or copyrights and the assessed had in fact bought only technical know-how which did not fall within the ambit of the aforenoted circular. ..... of depreciation had been under consideration of the government for quite some time. it has now been decided that the expenditure incurred on purchase of patent rights should be treated as consolidated revenue expenditure by spreading it over a period of 14 years. accordingly, such expenditure may be allowed to be ..... june 9, 1961, the tribunal was legally correct in holding that the entire payment of 1,25,000 dutch guilders was for the acquisition of patent rights by the assessee-company ?'2. though the references are four in number they pertain to three assessment years, namely, assessment years 1969-70 to .....

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Nov 27 2000 (HC)

Gowri Shankar Finance Ltd. Vs. Commissioner of Income-tax

Court : Karnataka

Decided on : Nov-27-2000

Reported in : (2001)166CTR(Kar)137; [2001]248ITR713(KAR); [2001]248ITR713(Karn); [2001]116TAXMAN375(Kar)

..... assessee argued that an assessee is entitled to depreciation under section 32 of the act on tangible assets like building, machinery, plant or furniture and intangible assets like know-how, patents, copyrights, trade marks, licences, etc., if he owns the assets and uses them for the purpose of business/profession. for this he has placed reliance on the judgment of this .....

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Jul 24 2000 (HC)

Commissioner of Income Tax Vs. Printers House (P) Ltd.

Court : Delhi

Decided on : Jul-24-2000

Reported in : (2000)163CTR(Del)189; [2000]112TAXMAN423(Delhi)

..... having found so, the tribunal came to the conclusion that the entire amount of dutch guilders 1,25,000 was for the acquisition of the patent rights by the assessee. while arriving at the said conclusion by the tribunal also referred to the letter issued by the government of india approving ..... had preferred appeal to the tribunal against the finding of the appellate assistant commissioner that 50 per cent of the payment was towards acquisition of patent rights and that board's said circular was applicable to the facts of the case. the stand of the assessed before the tribunal was that ..... been wrongly applied by the appellate assistant commissioner. it was also argued before the tribunal that the present was not a case of acquisition of patent rights or copyrights and the assessed had in fact bought only technical know-how which did not fall within the ambit of the aforenoted circular. ..... way of depreciation had been under consideration of the government for quite sometime. it has now been decided that the expenditure incurred on purchase of patent rights should be treated as consolidated revenue expenditure by spreading it over a period of 14 years. accordingly, such expenditure may be allowed to ..... dated 9-6-1961, the tribunal was legally correct in holding that the entire payment of 1,25,000 dutch guilders was for the acquisition of patent rights by the assessee- company ?'2. though the references are four in number but they pertain to three assessment years, namely, assessment years 1969 .....

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Jun 30 2000 (TRI)

Jayaprakash Mady Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT

Decided on : Jun-30-2000

..... assessee was on that account 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, the assessee had acquired under the agreement merely the right to draw, for the purpose of carrying on its business ..... of the income earned by cmeri by the exploitation of patents and as such the same could not be taxed in the hands of the recipient investors once again." 16. in the case of nabin chandra narayan ..... ld. jm, viz., the incurring of huge expenditure on scientific research by the employer-institution, the amounts received by cmeri on the exploitation of these patents on assignment are taxable receipts only in the hands of cmeri. any payment made by cmeri to the assessee or any co-inventors was only an application ..... the hon'ble supreme court in the case of b.c. srinivasa setty (supra). 4. the assessee along with two other co-inventors acquired patent rights in respect of the invention of tractor components without any cost of acquisition to himself or to his other co-inventors. 5. he did not ..... central government laboratory. it was clear that the assessee along with his two colleagues alienated the ownership of the property rights in the patents once and for all and since the patent was a capital asset, any consideration on its transfer was on capital account and taxable only under sections 45 to 48. 6. .....

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Jul 14 2000 (HC)

Britannia Industries Ltd. Vs. Sara Lee Bakery

Court : Chennai

Decided on : Jul-14-2000

Reported in : AIR2000Mad497

..... design and in the said proceedings, the applicant/plainliff took notice. thus, it is obvious that the designs of both the parties have been registered by the controller general of patents, designs and trademarks and both of them have initiated separate proceedings to cancel their respective design registration.18. it is the contention of the respondent through the counter-affidavit dated ..... on 1-4-1999 through the design registration certificate bearing no. 179167. thus, it is clear that both the parties have registered their respective designs before the controller general of patents and designs and trademarks.15. it is the contention of the applicant/ plaintiff that under section 51-a of the act. he filed an application for cancellation of the registration ..... gist of his submission is as follows :--'the applicant/plaintiff is the registered proprietor of the design bearing no. 171091 dated 11-4-1996 issued by the controller general of patents & designs and trademarks, the novelty being in the shape and configuration of the biscuit. by the grant of registration under section 47 of the designs act, the applicant would ..... . the sign of the respondent's biscuit ts entirely different from the applicant's biscuit. the differences arc easily perceivable even by young customers. in fact, the controller of patents and designs has already recognized this fact and has granted a design registration certificate on 1-4-1999 in respect of the respondent's biscuits. (d) the applicant's biscuits .....

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Jun 30 2000 (TRI)

Jayaprakash Mady Vs. Ito

Court : Income Tax Appellate Tribunal ITAT

Decided on : Jun-30-2000

Reported in : (2004)89TTJ(Bang.)943

..... the assessee was on that account a mere licensee for a limited period of the technical knowledge of the swiss company with the right to use the.patents and trademarks of that company, the assessee had acquired under the agreement merely the right to draw, for the purpose of carrying on its business as ..... application of the income earned by cmeri by the exploitation of patents and as such the same could not be taxed in the hands of the recipient investors once again." in the case of nabin chandra narayan das ..... the learned jm, viz., the incurring of huge expenditure on scientific research by the employer-institution, the amounts received by cmeri on the exploitation of these patents on assignment are taxable receipts only in the hands of cmeri. any payment made by cmeri to the assessee or any co-inventors was only an ..... the hon'ble supreme court in the case of b. c. skinivasa setty (supra).4. the assessee along with two other co-inventors acquired patent rights in respect of the invention of tractor components without any cost of acquisition to himself or to his other co inventors.5. he did not lease ..... central government laboratory. it was clear that the assessee along with his two colleagues alienated the ownership of the property rights in the patents once and for all and since the patent was a capital asset, any consideration on its transfer was on capital account and taxable only under sections 45 to 48.6. .....

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Apr 25 2000 (FN)

Nelson Vs. Adams Usa, Inc.

Court : US Supreme Court

Decided on : Apr-25-2000

..... kirno hill corp. v. holt, 618 f.2d 982 , 985 (ca2 1980) (a corporation's veil may not be pierced merely because it has only one owner). indeed, where patents are concerned, the one-person corporation may be an altogether appropriate means to permit innovation without exposing inventors to possibly ruinous consequences. the legitimacy of ocp as a corporation, in ..... granted the motion on the ground that nelson, who was at all relevant times president and sole shareholder of ocp, had deceitfully withheld the prior art from the united states patent and trademark office. this behavior, the district court concluded, constituted inequitable conduct chargeable to ocp. on january 20,1998, the district court awarded adams costs and fees in the ..... beres, and john william scruton. justice ginsburg delivered the opinion of the court. this litigation began when ohio cellular products corporation (ocp) sued respondent adams usa, inc. (adams), claiming patent infringement. the district court eventually dismissed ocp's claim and ordered ocp to pay adams' costs and attorney fees. adams feared that ocp might be unable to pay the fee ..... of appeals for the federal circuit no. 99-502. argued march 27, 2000-decided april 25, 2000 ohio cellular products corporation (ocp) sued respondent adams usa, inc. (adams), for patent infringement. the district court dismissed ocp's claim and ordered ocp to pay adams' costs and attorney fees. in awarding costs and fees, the court determined that petitioner nelson, president .....

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