Court : US Supreme Court
Decided on : May-03-2004
..... the constitution, laws, or treaties of the united states ); 1338(a) ( the district courts shall have original jurisdiction of any civil action arising under any act of congress relating to patents, plant variety protection, copyrights and trademarks ). footnote 6 see, e.g., christianson v. colt industries operating corp., 486 u. s. 800 , 808 (1988) (a case may arise under federal law ..... if federal law is a necessary element of [a claim] ); holmes group, inc. v. vornado air circulation systems, inc., 535 u. s. 826 , 830 (2002) (a claim arises under patent law if either federal patent law creates the cause of action or the plaintiff s right to relief necessarily depends on resolution of a substantial question of federal ..... patent law ). footnote 7 see, e.g., heckler v. ringer, 466 u. s. 602 , 615 (1984) (a claim arises under the medicare act for purposes of 42 u. s. c. 405( .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-13-2004
Reported in : 54SCL397(Bom)
..... /03 in this court stating that the plaintiffs product has a distinctive design and which is registered under registration no. 1 /4429 on 4th august, 1997 with the controller of patents and designs under the designs act, 1911 and alleging that the defendant had copied the design of the plaintiffs. the plaintiff also alleged that the defendant used copies and using .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-01-2004
Reported in : 2005(1)MhLj1132
..... facie evidence. what is the effect of such provision fell for consideration in the case of dwarakadas dhanji sha v. chhotalal ravikarandas & co. : air1941bom188 , while considering identical provision of the patents and designs act, 1911; wherein this court held thus :'the words of section 46(3) however are the entry with regard to the name and address of the proprietor or ..... new or original work. the same consideration holds good even in cases arising from the provisions of the copyright act as the scheme of the copyright act as also the patent and designs act referred to hereinabove is more or less similar.30. with the above understanding of section 48, if one turns to the plaint pleadings, it is clear that .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-06-2004
Reported in : 58SCL370(All)
..... appearing at pages 104 and 105 of the paper book arc as follows:'2.1 all the properties, rights and claims whatsoever of bepl and its entire undertakings, trade marks, patents, permits, quotas authorities, privileges, various exemptions/incentives granted under different schemes of state/central government, licences including the existing industrial licence for manufacturing and/or carrying on of its business .....Tag this Judgment!
Court : Delhi
Decided on : Apr-15-2004
Reported in : 2004(29)PTC72(Del)
..... including the plaintiffs.15. this court further is of the view that zig zag s bend is a utilitarian and functional part regarding which the plaintiffs had even obtained a patent on the ground that this zig-zag bend introduces mere flexibility in the tooth brush. by merely putting some rubber cushions in the gaps this part does not become a ..... . it is also submitted that the plaintiffs had filed the application dated 5th january, 1996, regarding present design registration no. 170554 and the certificate was issued by the controller of patents & designs on 4th april, 1997, but still during the pendency of aforesaid suit and till the orders were passed by hon'ble justice dr. m.k. sharma on 26th november ..... a new and original design and there was nothing new in the said design. it is pleaded that the 's' shaped flexi neck was registered as a patent by the plaintiffs under the us patent laws which establishes the utilitarian aspect thereof and as such it is not registerable as a design. it is thus asserted that 's' shaped flexible neck in .....Tag this Judgment!
Court : Chennai
Decided on : Mar-18-2004
Reported in : 2004(2)ARBLR284(Madras); IV(2004)BC101; 123CompCas533(Mad); 2004(3)CTC754; 54SCL100(Mad)
..... with such discretion, for which the learned senior counsel for the malco relied on a decision in wander ltd., and another v. astox india (p) ltd., reported in 1991 the patents and trade marks cases 1:- (para 13)'13. the appeals before the division bench were against the exercise of discretion by the single judge. in such appeals, the appellate court .....Tag this Judgment!
Court : Chennai
Decided on : Apr-20-2004
Reported in : (2004)190CTR(Mad)517; 268ITR436(Mad)
..... tenements, goods or chattels which does not depend on another's courtesy: it includes ownership, estates and interests in corporeal things, and also rights such as trade-marks, copy-rights, patents and even rights in personam capable of transfer or transmission, such as debts; and signifies a beneficial right to or a thing considered as having a money value, especially with .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Mar-25-2004
Reported in : 2005ACJ427
..... ) corporeal personal property, which includes movable and tangible things such as animals, furniture, merchandise, etc. and (2) incorporeal personal property which consists of such rights as personal amenities, stocks, shares, patents and copy rights.19. considering the inclusive nature of the definition of the word 'property' (quoted above) a wider meaning has to be given to the term, that is, property .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Aug-30-2004
Reported in : (2005)(98)ECC293
..... drawn our attention to technical collaboration agreement between m/s. barbour campbell ltd. and the appellants, according to which technical know-how shall mean and made all inventions, processes, formulations, patents, engineering and manufacturing skills and other technical information relating to the licensed product. the licensed product means only sewing threads, twines and braids, thus, the price paid by them for ..... held in the case of daewoo motors india ltd. v. cc, 2000 (115) elt 489 (tri), relied upon by the learned advocate that the payment for the licensed information and patent has nothing to do with the working of the plant and, therefore, lumpsum payment made by the appellants had no connection, whatsoever, in the working of the capital goods imported .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-15-2004
Reported in : (2004)187CTR(SC)219; 266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201
..... to mean, "land ofwhatever description ... and includes all benefits to arise out of land".lands held for carrying on mining operations would be taken in by the saiddefinition. it is patently clear that 'minerals', which are benefitsarising out of land, will be roped in within the purview of the levy undersection 3(1) read with section 2(c) of the act ..... a grantor or lessor, on the working of the property leased, or otherwise on the profits of the grant of lease. the word is especially used in reference to mines/ patents and copyrights."prem's judicial dictionary (1992, vol. 2, page 1458) - "royalties are payments which the government may demand for the appropriation of minerals, timber or other property belonging to ..... the demised mineral worked within a specified period"wharton's law lexicon (fourteenth edition, page 893) - "royalty, payment to a patentee by agreement on every article made according to his patent; or to an author by a publisher on every copy of his book sold; or to the owner of minerals for the right of working the same on every ton ..... , that part of the reddendum which is variable, and depends upon the quantity of minerals gotten or the agreed payment to a patentee on every article made according to the patent. rights or privileges for which remuneration is payable in the form of a royalty"words and phrases, legally defined (third edition, 1990, vol.4, page 112) - "a royalty, in the .....Tag this Judgment!