Court : Delhi
Decided on : Nov-07-2001
Reported in : 94(2001)DLT865
..... counsel for the appellant, has drawn our attention to a chart filed along with note of arguments by the appellant and contended that there are inconsistent claims regarding ownership of patents made by the respondent before different forums. the purport of this is to show that the respondent has not come to the court with clean hands. it was thus contended ..... proceedings. b) the design registrations relied upon in the plaint have lapsed. c) functional shapes or mechanical devices 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 plaintiff's case is hit by acquiescence, estoppel, delay and laches. f) the defendant has spent rs. four ..... respondent for which respondent has registered patents and design, in india or any where in the world for the product range of electric contractors and accessories known as the d2 range. the present appeal arises from the ..... kaul, j. 1. the souring of relationship between joint venture partner's has given rise to the present dispute where the respondent is aggrieved by the alleged infringement of its patents by the appellant. a suit was thus filed by the respondent herein against the appellant for mandatory injunction from manufacturing and advertising as its own and selling the products of .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-23-2001
Reported in : (2001)3GLR2010
..... arise. on the contrary, if the argument advanced is accepted, it would, ultimately, result into a situation where the provision granting jurisdiction to the district court for trying patent infringement suits would become redundant. it may also be noted that, at this stage, the defendants have only expressed their intention of making counter-claim and possibility of their ..... separately but in the written statement. admittedly, no written statement is filed. therefore, the contention regarding the transfer of suit under the proviso to section 104 of the patents act under which the application was tendered before trial court cannot be accepted. the proviso specifically provides that where a counter-claim for revocation is made by the defendants, ..... petition challenging the validity before appropriate forum and till that is filed and decided by the competent authority, this hon'ble court is required to consider the validity of a patent in favourof the plaintiffs, and therefore, injunction application is required to be allowed by this honourable court.' 11.1 in paragraph 10 of the affidavit-in-rejoinder, it ..... revisioners, who are the original plaintiffs in civil suit no. 11 of 2000 pending in district court, at vadodara. that suit is preferred by the plaintiffs alleging infringement of registered patent no. 183097 dated march 19, 1998, possessed by the plaintiffs by the defendants. in that suit, application for interim injunction was tendered and the learned assistant judge, vadodara, .....Tag this Judgment!
Court : Delhi
Decided on : Oct-11-2001
Reported in : 95(2002)DLT830
..... , as well as the trade world, is entitled at its will to take, in all cases, its choice of ordinary trade variants for use in any particular instance, and no patent and no registration of a design can prevent an ordinary workman from using or not using trade knowledge of this kind.'18. a person looking at one lock than looking ..... 107 read with section 64 of the patents act and if both are read in conjunction, the plaintiffs would not be entitled for injunction. in franz xaver huemer v. new yash engineers : air1997delhi79 a division bench of this ..... available to the defendants, injunction as prayed for by the plaintiffs cannot be granted. mr. singh contended that section 107 of the patents act is parameter with section 22(3) of designs act and section 64 of the patents act is parameter with section 19 of the designs act. a division bench of this court had the occasion to deal with section .....Tag this Judgment!
Court : Delhi
Decided on : Jul-24-2001
Reported in : 93(2001)DLT56; 2002(64)DRJ211
..... means: 'property is that which belongs to a person exclusively or others, and can be the subject of bargain and sale. it includes goodwill, trade marks, licenses to use a patent, book, debts, options, to purchase, life policies and to the rights under a contract.' according to our constitution the word 'property' in article 19(1)(f) of the constitution of ..... not material in the popular sense, eg. electricity. (4) a thing which is neither material, corporeal, nor tangible but is an element of wealth, e.g. a copyright or a patent...'(5) a thing which is not material and which is not directly an economic asset or element of wealth e.g. a reputation.' on these authorities and patons's clear ..... , commn, 391). see animals ferae naturae...'this definition also shows that the expression signifies 'things and rights considered as having a money value'. even incorporeal rights like trade marks, copyrights, patents and rights in personam capable of transfer or transmission, such as debts, are also included in its ambit. the meaning given to 'general property' and 'special property' are self-explanatory ..... to transfer or succession, and to their capacity of being injured. property includes not only ownership, estates and interests in corporeal things but also right such as trade marks, copyrights, patents and rights in personal capable of transfer or transmission such as debts.property is of two kinds, real property (q.v) and personal property (q.v)property in reality is .....Tag this Judgment!
Court : Guwahati
Decided on : Apr-04-2001
..... cases but that cannot be the basis for providing a forum for appeal.13. in view of our aforesaid discussion, we held that no letters patent appeal lies against the judgment of the single judge passed in misc. first appeal arising in respect of an order passed by the subordinate court under ..... ors. v. sukuri dibya & ors., 2000 9 (2) scc 218 held that in view of the provisions contained in section 104 cpc, the letter patent appeal against the order of the single judge is not maintainable. section 104 cpc clearly provides that no further appeal shall lie from an order passed in appeal ..... the law laid down by (he apex court in the case of resham singh pyara singh (supra) we are of the opinion that the letters patent appeal will not lie before the division bench of high court against the order of the learned single judge by virtues of section 104(2) of ..... appeal before the high court and the learned single judge-dismissed the appeal, whereupon the appellant preferred the letters patent appeal. the respondent plaintiff raised objections regarding the maintainability of the letters patent appeal in view of the provisions contained in section 104(2) cpc and relied on a decision of the ..... the judgment from an appellate jurisdiction stands excluded under the first part of clause 10 of the letters patents itself. therefore, the division bench of the high court was right in holding that the letters patent appeal would not lie against man order of the learned single judge.'6. relying on the decision .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-20-2001
..... by showing that it is merely an ornamental, incidental, or arbitrary aspect of the device. in the case before us, the central advance claimed in the expired utility patents (the sarkisian patents) is the dualspring design; and the dual-spring design is the essential feature of the trade dress md i now seeks to establish and to protect. the rule ..... functionality of the dual-spring design. iii in finding for mdi on the trade dress issue the court of appeals gave insufficient recognition to the importance of the expired utility patents, and their evidentiary significance, in establishing the functionality of the device. the error likely was caused by its misinterpretation of trade dress principles in other respects. as we ..... and helen hill minsker filed a brief for the international trademark association as amicus curiae. 26 26 traffix devices, inc. v. marketing displays, inc. this litigation followed after the patents expired and a competitor, traffix devices, inc., sold sign stands with a visible spring mechanism that looked like mdi's. mdi and traffix products looked alike because they were. when ..... cost advantage over alternative designs. pp.28-32. (b) in reversing the summary judgment against mdi, the sixth circuit gave insufficient weight to the importance of the expired utility patents, and their evidentiary significance, in establishing the device's functionality. the error was likely caused by its misinterpretation of trade dress principles in other respects. "'in general terms a .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-10-2001
Reported in : (2001)3GLR2192
..... and alcohol which the appellant uses and raises the octane level. it was stated by his learned counsel that the appellant had even applied for a patent under patents act, 1970, but the concerned authority returned his application (which was shown to the court) for want of details of the process. however, since ..... the garb of an invented commodity. an invention is a new method, an instrument or device which is created by thought, one for which a patent can be granted. invention cannot be understood in the sense of concoction of a false story, invented to circumvent the statutory provisions enacted to ensure ..... a process for producing such substance (clause f); will not be considered to be inventions. that what is not an invention for the purpose of patents law cannot be consecrated as an invention by the court. otherwise, what the law denounces so very specifically by stating that an invention the use ..... did not want to disclose his trade secret formally, he did not apply again. 18.1 the word 'invention' is defined under section 2(j) of the patent act, which means any new and useful (i) art, process, method or manner of manufacture; (ii) machine, apparatus or other articles; (iii) substance produced ..... torture and agony to him by the impugned action of the respondents. 2.2 in special civil application no. 9076 of 2000 from which the letters patent appeal no. 692 of 2000 arises (in the title of which writ petition, the appellant had also mentioned special civil application no. 5981 of 1999 .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Pune
Decided on : Mar-20-2001
Reported in : (2002)76TTJ(Pune.)646
..... term 'royalties' means payment of any kind received as consideration for the use of; or for the right to use, any copyrights of literary artistic or scientific works, cinematographic films, patents, models, designs. plans, secret processes or formulae, trademarks or for the use of, or for the right to use, industrial, commercial or scientific equipment or for information concerning industrial, commercial ..... extraction of natural resources." from the above definition, it is evident that the term 'royalties' is to mean as consideration for the use of, or right to use any copyrights, patents, models, designs, plans, etc. or for the use of, or right to use information concerning industrial, commercial or scientific experience. the term 'fees for technical services' has not been defined ..... discussion related to the definition in section 9(1)(vi) and (vii). in the case before us, there is no consideration paid for the right to acquire use of any patents, models, designs, secret processes or formulae so that they can be exploited on a regular basis.this is simply a case of referring a technical difficulty encountered in the course .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Aug-14-2001
..... authorised use of the technology hereunder, unless the technology and said other information; (a) are contained at the time of disclosure by apollo hereunder or thereafter in a patent or patent application or other printed publication made by a third party without a breach of this agreement by hcl; or (b) are acquired by hcl from a third party lawfully ..... sell the licensed products under the rights granted herein without the obligation of paying any additional consideration to apollo, including the right to manufacture, use and sell under any patents included in the technology covering the licensed products, provided that hcl shall make no claims against apollo with respect to the licensed products." 32. all in conclusive terms according ..... "held, that, firstly, the agreement between the assessee and the foreign company was for a period of ten years only. secondly, it was in respect of certain secret or patent formulations owned or controlled by the foreign company. the payment, though called 'research contribution' in the agreement, was nothing but the consideration correlated to the extent of the exploitation of ..... the secret formulations and patent rights and various other rights belonging to the foreign company by the assessee in india and that it was for the exclusive right to manufacture the products that the payment .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Pune
Decided on : Mar-20-2001
Reported in : (2002)83ITD436(Pune.)
..... term 'royalties' means payment of any kind received as consideration for the use of; or for the right to use/any copyrights of literary, artistic or scientific works, cinematographic films, patents, models, designs, plans, secret processes or formulae, trademarks or for the use of, or for the right to use, industrial, commercial or scientific equipment or for information concerning industrial, commercial ..... extraction of natural resources." from the above definition, it is evident that the term 'royalties' is to mean as consideration for the use of or right to use any copyrights, patents, models, designs, plans, etc. or for the use of, or right to use information concerning industrial, commercial or scientific experience. the term 'fees for technical services' has not been defined ..... discussion related to the definition in section 9(l)(vi) and (vii). in the case before us, there is no consideration paid for the right to acquire use of any patents, models, designs, secret processes or formulae so that they can be exploited on a regular basis. this is simply a case of referring a technical difficulty encountered in the course .....Tag this Judgment!