Court : Delhi
Decided on : Jan-29-2003
Reported in : 103(2003)DLT491; 2003(67)DRJ773; 44SCL498(Delhi)
..... sesa does not mean that sesa has no right to call itself successor-in-interest of lte. similarly change of name by sesa to sei in respect of `patents and designs' does not mean sei cannot claim itself successor-in-interest of lte for the aforesaid limited purpose.19. apart from this, there are no rival ..... interest of lte in respect of limited rights confining to its name and patents and designs and not in respect of the shares as the contract of contribution itself connotes the merger of lte with schneider sa in respect of the ..... automatically went to schneider sa and by no means these shares could have come to the share of sei as sei only inherited the name `telemecanique' and patents and designs of lte.17. as regards the affidavit of the representative of the sei it is clear that the sei represented itself as a successor-in- ..... plaintiff as a successor of lte, the learned counsel for the defendant has tried to receive support from the following documents:-(i) form 58 under the patents act, 1978 rule 117 filed by renfrey and sagar, attorney for lte on 30th march, 1999 showing that not only does lte very much exist but is ..... office to m/s renfrey & sagar accepting the request under rule 78(1) of lte for alteration of the address of the service of the patent in the register of patents from lte to sei. this communication indicates that on 23.9.1999 lte was in existence and its name was changed to sei on that date .....Tag this Judgment!
Court : Delhi
Decided on : Feb-21-2003
Reported in : 2003IIAD(Delhi)351; 103(2003)DLT321; 2003(26)PTC349(Del); 2003(2)RAJ86
..... material facts/mis-representation inasmuch as in the first instance an attempt was made to show that the defendant has applied for the registration of patent which clearly mean that he is the manufacturer of the product and when he was cornered, he came out with the plea that he is ..... by the authors/employees in the course of their employment with the plaintiff and, thereforee, the plaintiff is the first owner of the copyright. the patents in respect of the drawings and products registered under the copyright law of united states are also in the name of the plaintiff. thereforee, i see ..... of the plaintiff. such details/description only denote the name of the disease, i.e. `asd' stands for `atrial septal defects', `pda' stands for `patent ductus arteriosus' and `cat no. ' denotes various sizes of the devices. there can be no artistic work or copyright in the name and size of a ..... may say so a somewhat complex question about the interpretation and applicability of the provisions of the copyright act, 1957, the designs act and the patents act. as noticed in the earlier part of this order, the plaintiff's case is that it has the subsisting copyright not only in the ..... under the trade name ' amplatzer'. some of these devices as - precutaneous catheter directed intravasculr occlusion devices and precutaneous catheter directed occlusion devices are patented in us vide patent nos.5,725,552 and 5,846,261 respectively. it is stated that the plaintiff is also the owner of the drawings of the product .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-30-2003
Reported in : 2003(4)ALLMR139; 2003(6)BomCR65; 2003(4)MhLj264; 2003(27)PTC538(Bom); 45SCL362(Bom)
..... be said to be substantially similar. going purely by the design aspect, i find that there is substantial similarity between u.s. patent nos. des.340,947 patented on 2.11.1993 and the registered design of the plaintiffs. the only difference seems to be that the length of the clip on the u ..... . gazettes were received by that office on 14.8.1992 and 25.3.1994 and that the said gazettes were a part of the records of the patent office library and were available for public inspection. the learned counsel for the plaintiffs, however, contended that the publication is not of a design which can ..... of the claim or to what was published in india or elsewhere in any of the documents referred to in section 13;provided that in relation to patents granted under the indian patents and designs act, 1911 (2 of 1911), this clause shall have effect as if the words 'or elsewhere' has been omitted;'in contrast, ..... this act, may, on the petition of any person interested or of the central government or on a counter-claim in a suit for infringement of the patent, be revoked by the high court on any of the following grounds, that is to say:-...(e) that the invention so far as claimed in any claim ..... is not of relevance in the present case. it is important to note that where parliament intended to govern the revocation or cancellation of patents granted under the indian patent and designs act, 1911, in accordance with the law under which they were granted, it made specific provision that in relation to .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-13-2003
Reported in : 2004(1)ALLMR705; 125CompCas14(Bom); (2004)1CompLJ358(Bom); 2004(1)MhLj1046; 49SCL660(Bom)
..... appeals to the new forum specific provision to that effect has been made in the statute, for example, the recovery of debts due to banks and financial institutions act, 1993, patents (amendment) act, 2002, etc. it is true that no litigant has any vested right in a matter of forum but when the appeals have been filed in the tribunal or .....Tag this Judgment!
Court : Delhi
Decided on : Dec-11-2003
Reported in : 109(2004)DLT41; 2004(28)PTC1(Del)
..... the trial court granted an injunction but in appeal it was held that the design was not new or original within the meaning of the patents and the design act 1907 and that the defendant has not infringed the design and that a design which is not new but is original ..... support the case of the plaintiff rather than the argument of the defendant who has cited them. counsel also argued that both the design patent and a utility patent cover different aspects of the same article as per commentary of macarthy on trademarks, which has been referred to by the defendant. this ..... certain functional features and certain features which are design registrable that appeal to the eye. it is submitted that functional aspect forms subject matter of a patent and the aspect which appeals to the eye is registrable as a design. attention was invited to the judgment in amp incorporated v. utilux proprietary ltd ..... according to him each of these five brushes involved have sufficient innovative steps to be designed and reference has been made to the judgment in terrell on patents and a. fulton co. ltd. v. grant barnett co. ltd. 2001 rpc (16)257. it is vehemently argued that substantial changes have been ..... is, thereforee, strenuously argued that the plaintiff's design registration is not only invalid of protection but there is in fact no infringement of the patent and design of the toothbrush of the plaintiff by the defendant. 17. in reply to the aforesaid submissions counsel for plaintiff has argued that the .....Tag this Judgment!
Court : Kerala
Decided on : Apr-08-2003
Reported in : 2003(2)KLT1009
..... not consider the question in the manner projected by him in the present case. if the classification between general dealers of manufactured goods and dealers of manufactured goods who had patent or trade mark is a reasonable classification which has a rational nexus or connection, the fact that a sub classification was reasonable but has not been made cannot be a ..... ascertain whether persons are similarly placed, one must look beyond the classification and to the purposes of law.'the court thereafter observed that classification of dealers who are holders of patents or trade marks and dealers who are not, for the purpose of levy of tax on the sale of purchased goods by them, appear to be a reasonable classification, having ..... possible and that such further classification is not made cannot be a ground for attack under article 14. in aryavaidaya pharmacy's case, it was noted that while all other patent or proprietory medicinal preparations belonging to the different systems of medicines were taxed at the rate of 7% only, without any classifications, based on per centage of alcoholic contents, arishtams ..... supreme court thereafter considered the decision in aryavaidaya pharmacy's case mentioned above and it was observed thus:'in that case, it is to be noted that while all other patent or proprietor y medicinal preparations belonging to different systems of medicines were taxed at 7 per cent only without any classification, arishtams and asavas prepared under the ayurvedic system alone .....Tag this Judgment!
Court : Delhi
Decided on : Sep-09-2003
Reported in : 2004(73)DRJ649; 54SCL378(Delhi)
..... a design. according to defendants, they were using two ribs/lines on their products as a 'design' which they had got registered even in the office of the controller of patents and designs, kolkata. it was also pleaded that these blanks/lenses were not purchased by the consumers directly but were purchased by the opticians, who could not be mislead as ..... to prevent passing off. the plea of the defendants on the other hand is that the ribs are a 'design' which stands registered in their favor by the controller of patents and designs, kolkata and as such the plaintiffs have no case in their favor. according to the defendants, a design can never fall under the definition of a 'trade mark .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Feb-07-2003
..... be paid in three instalments subject to india taxes. (b) palod shall pay to kukje a royalty. it is observed that the royalty and lumpsum payments also constitute compensation for patents, design, drawings, etc. and these amounts have also to be added to the invoice value of all imports from the collaborators m/s. kukje machinery co. ltd., korea under rule .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-27-2003
Reported in : (2003)185CTR(Kar)417; 265ITR498(KAR); 265ITR498(Karn)
..... . that was emphasized by lord blackburn in river wear commissioners v. adamson and by the earl of halsbury l.c. in eastman photographic materials co. ltd. v. comptroller-general of patents, designs and trade marks in passages which are worth reading time and again. but how are the courts to know what were the circumstances with reference to which the words .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-27-2003
Reported in : AIR2003SC1843; [2003(97)FLR411]; JT2003(2)SC295; (2003)IILLJ150SC; 2003(2)SCALE481; (2003)4SCC579; 2SCR387; 2003(2)SLJ334(SC); (2003)2UPLBEC1206
..... exercise of power will be regarded as manifestly erroneous. if a power (whether legislative or administrative) is exercised on the basis of facts which do not exist and which are patently erroneous, such exercise of power will stand vitiated. (see commissioner of income-tax v. mahindra and mahindra ltd. : 144itr225(sc) . the effect of several decisions on the question of ..... . it was further held that the protection under article 311(2) was available and non- observance of the procedure vitiated the order of dismissal. the matter was challenged in letter patents appeal before the division bench of the delhi high court by the present appellant.4. it was submitted that there was no scope for judicial review of the order dispensing .....Tag this Judgment!