Court : Chennai
Decided on : Apr-28-2004
Reported in : 2004(3)CTC95; 2004(29)PTC108(Mad)
..... as good as the first plaintiff himself applying for the same and getting it. reading of section 24b(1) of the act only contemplates the applicant, who had filed the patent claim, receiving the marketing approval. inasmuch as, the provisions contained in the drug and cosmetic rules enables the manufacturer's agent to apply for marketing approval, which provision stands modified ..... person in the application for marketing approval in the convention country. therefore, it depends upon the law prevailing in australia, on the issue namely? whether the applicant for the patent claim in the convention country should be the applicant in the application for marketing approval, no provision of law requiring the same is brought to the notice of this court ..... marketing approval in his name. but in this case, the marketing approval is given in the name of the second plaintiff.(c) the substance in the patent application in india; in the patent application and the patent grant in the convention country; in the marketing approval granted in the convention country; in the marketing approval granted by the central government and in the ..... therefore each of the plaintiff should be treated as a separate legal entity and not as a single economic unit. as already stated, the substance in the patent application in india; the patent application and the patent granted in the convention country; the marketing approval given in india and the application for granting the 'emr' in india is not identical. no tests .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-23-2004
Reported in : 2005(3)BomCR191; 2005(30)PTC160(Bom)
..... was needle shaped. beta was found to be thermodynamically stable and was prepared for use in pharmaceutical preparations. perusal of the application submitted by the plaintiffs in 1993 for patent in canada shows that the plaintiffs have disclosed the compound as well as its salt. beta crystals are clearly disclosed in the application. therefore, in my opinion, apart from ..... and in negation of any public health or public interest considerations. it is material to note that an emr grantee enjoys such an unfettered monopoly, even though its product patent application is pending and may be rejected after 1st january 2005 whenever examined. even distribution through channels of charity is hit by the anti-competitive and monopolistic effects of ..... of patients worldwide in case their right is not enforced.12. the plaintiffs submit that in matters of intellectual property, particularly infringement of statutory rights like trade mark, copyrights, patents and designs, the court is, prima facie, required to see where there is an infringement or not. if there is an infringement, then an order of injunction must follow ..... until the plaintiffs launched the commercial embodiment of the substance under the brand name glivec before they could make their impugned drugs.(h) any further examination of the underlying patent examination will result in examining a black-box/mail-box application, which exercise is prohibited by the legislature in terms of section 24-a7. nevertheless, the plaintiffs further .....Tag this Judgment!
Court : Delhi
Decided on : Apr-06-2004
Reported in : 2004(29)PTC71(Del)
..... or order or direction for declaring the provisions contained in chapter iva and, particularly, sections 24a and 24f of the patents act, 1970 as unconstitutional and to quash and set aside the order made by the respondent no. 2, controller of patents, trade marks and designs, kolkata.2. the petition has also prayed for issuance of an appropriate writ restraining the respondents .....Tag this Judgment!
Court : Chennai
Decided on : Apr-01-2004
Reported in : (2004)3MLJ74; 137STC117(Mad)
..... , 1977), the court observed as under:-' 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 or rights in personam capable of transfer or transmission, such as debts, are also included in its ambit.' the court, in the later part of the said judgment, again observed ..... as follows:- ' similarly, patents, copyrights and other rights in rem which are not rights over land are also included within the meaning of movable property.' c. volume 112 stc 370 (commissioner of sales tax .....Tag this Judgment!
Court : House of Lords
Decided on : Oct-21-2004
..... diplock in catnic components ltd v hill and smith ltd  rpc 183, 243 when he said that the new approach should also be applied to the construction of patent claims: "a patent specification should be given a purposive construction rather than a purely literal one derived from applying to it the kind of meticulous verbal analysis in which lawyers are too ..... to methods of purification. it is true that the patentee must be taken to have contemplated the kind of method a skilled man would have adopted in 1984 and the patent cannot become insufficient because some entirely different method, consistently producing uepo with a different molecular weight, is invented afterwards. but the specification refers to a number of methods of ..... have thought he was claiming. the background was the tendency to literalism which then characterised the approach of the courts to the interpretation of documents generally and the fact that patents are likely to attract the skills of lawyers seeking to exploit literalism to find loopholes in the monopoly they create. (similar skills are devoted to revenue statutes). 42. if ..... is article 69 of the epc, which applies to infringement proceedings in the domestic courts of all contracting states: "the extent of the protection conferred by a european patent or a european patent application shall be determined by the terms of the claims. nevertheless, the description and drawings shall be used to interpret the claims." 20. in stating unequivocally that the .....Tag this Judgment!
Court : Chennai
Decided on : Dec-20-2004
Reported in : 2005(1)CTC27
..... at liberty to move the central government for necessary directions invoking the power of the central government conferred under section 24-d(2) of the patents act, 1970.11. from the above rival contentions made by either side on the validity of the emr granted in favour of the respondents/plaintiffs ..... or whether or not the invention involves any new inventive skill having regard to what was known or used prior to the date of the patent, it may not be just and proper to pass an order of interim injunction restraining the appellants/defendants from pursuing their normal business activities.7 ..... by the authority, the central government alone can, by notification, pass appropriate directions exercising the power conferred under section 24-d(2) of the patents act.4. pending the above suits, the respondents/plaintiffs sought for an order of interim injunction, which is identical in all the original applications and ..... approval to sell the identical product was granted in australia on 13.8.2001 followed by the proceedings dated 28.2.2002, by which, the patent product was granted in australia;(vi) on 4.12.2001, marketing approval for an identical product was granted in india in favour of the second ..... imalek','imanib','zoleta' and 'temsan' respectively or any other brandname/mark or otherwise; so long as the exclusive marketing right granted by the controller of patents on 10.11.2003 under emr no. 002 and notified in the official gazette on 13.12.2003 is subsisting;(b) for a direction to .....Tag this Judgment!
Court : House of Lords
Decided on : Feb-05-2004
..... (a)". this appeal came before the house without the leave of the inner house. 36. in his action mr buchanan concluded for interdict against alba from infringing the 321 patent, for count reckoning and payment for the profits made by the manufacture and sale of their implement and alternatively for damages. alba lodged defences in which it was averred, among ..... sir george jessel, they were likely to be extremely unattractive to any lender or purchaser unless accompanied by some assurance that their value could not be destroyed by a subsequent patented improvement. to say that mr buchanan and his company could not offer such security is to say that they should in practice be debarred from using their intellectual property rights ..... by cooler liquid from the brake fluid reservoir. the entry of cooler liquid would prevent the temperature from rising significantly above boiling point while it was measured. alba obtained a patent for this device, with priority date 10 may 1994 and naming mr mills as the inventor. alba markets an embodiment of this invention, which mr buchanan alleges to be ..... 000 owing by [innovations] to [mr mills] the assignors hereby:- (1.1) assign to [mr mills] their whole right, title and interest past present and future in and to the patents and the applications and all improvements , prolongations and extensions relating therein and thereto (hereinafter referred to as "the charged assets") provided always that there is excluded from the assignation under .....Tag this Judgment!
Court : Authority for Advance Rulings
Decided on : Dec-15-2004
..... under the service contract. however, separate consideration has been provided for installation, services and training. the original contracts contemplate use and right to use of intellectual properties like patents etc. subject to grant of license to the applicant. computer software and technical documentations etc. are described as property of the queen of canada. certain limitations have been ..... a literary, artistic, or scientific work, including cinematograph films or work on film, tape or other means of reproduction for use in connection with 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, including gains derived from the alienation of any such ..... clear from that sub-para that payments of any kind received as consideration for the use of, or the right to use, any copyright of a scientific work, any patent, design or model, secret formula or process, or for information concerning industrial, commercial or scientific experience, including gains derived from the alienation of any such right or ..... expressions not relevant to the present discussion are omitted). if the payment represents consideration for the use of, or the right to use, any copyright or scientific work of any patent design or model or process, it would fall within the meaning of ??royalties ? . the expression ??fee for included services ? as defined in para 4, quoted above, .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Jul-29-2004
Reported in : (2004)85TTJ(Delhi)236
..... to it and to refrain from communication. their lordships held that the assessee did not under the agreement become entitled exclusively even for the period of the agreement, to the patents and trademarks of the swiss company, it had merely access to the technical knowledge and experience in the pharmaceutical field which the swiss company commanded. the assessee was on that ..... applied to such payment. the learned counsel relied upon commentary of learned authors kanga and palkhiwala, 8th edition, vol. 1, wherein the learned author have opined that right to use patent or copyrights and payment made therefor is a revenue expenditure under section 37 of the act. section 35a deals with expenditure, i.e., price paid for purchase of copyright or ..... not in the nature of capital expenditure. in this case, the know-how, recent formula not being disclosed by the assessee as discussed above, designs and specifications are undoubtedly patent rights of m/s shaw wallace group. the expenditure under the head royalty in this case is of capital nature. capital expenditure does not necessarily mean to be one time ..... of agreement between balbir distilleries ltd. and shaw wallace & co. ltd. further, the argument of the authorised representative that after the agreement, the company started producing and selling branded and patented goods of shaw wallace successfully holds no water as prior to agreement only, majority shareholding was acquired by the shaw wallace group company and as a result of this all .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-11-2004
Reported in : (2004)3CALLT71(HC),2004(29)PTC665(Cal),51SCL498(Cal)
..... wrongly registered as a design. it is neither two dimensional nor three dimensional. reference in this connection can be made to section 213(3)(c) of the copyright, designs and patents act, 1988 (uk) which provides that design right does not subsist in a surface decoration. the allegation of passing off by the defendant is absolutely baseless. the defendant has a ..... such supplementary affidavits.2. the plaintiff and the defendant both manufacture and sell various kinds of glass. on january 2nd, 2001 the controller-general of patents, designs and trade marks of the government of india, the patent office (designs branch) issued a certificate of registration of design in favour of the plaintiff. it was stated in this certificate that design no. 183322 ..... caution notice in newspapers, published from several cities of the country, to warn manufacturers and competitors against infringement of its patent right over the designs 'karatachi' and 'yozora.' on january 15th, 2003 the defendant made a petition to the controller-general of patents, designs and trade marks for cancellation of registration of the design 'karatachi' in the name of the plaintiff. the .....Tag this Judgment!