Search Results for "Patents Act, 1970"

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Bombay High Court Allows Release of Imported Goods in Trademark Dispute, Directs Customs to Not Withhold Clearance Based on Pending Civil Suit. Customs Authorities Cannot Refuse Clearance Solely Due to Private Trademark Dispute; Remedy Lies in Civil Court Under Trade Marks Act, 1999.

The petitioners, UPS Sales and Suzhou Dake Machinery Company Ltd., imported goods under Bill of Lading No. EXSH2310608. The customs authorities (respo...

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Supreme Court Dismisses Appeal in Design Infringement Suit Transfer Case — Commercial Court at District Level Competent to Decide Cancellation of Design Under Section 22(4) of Designs Act, 2000. Transfer to High Court Not Mandatory Where High Court Lacks Ordinary Original Civil Jurisdiction.

The present appeal arose from a suit filed by the respondent, M/s. Mold Tek Packaging Ltd., against the appellant, S.D. Containers Indore, seeking a d...

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Supreme Court Allows Appeals Against Revocation of Patent for Bt Cotton Technology, Remands for Trial on Patent Validity and Infringement Issues. The Court held that patent validity under Section 3(j) of the Patents Act, 1970 cannot be summarily decided without trial and requires expert evidence.

The Supreme Court heard a batch of appeals arising from a suit for permanent injunction filed by Monsanto Technology LLC and others (plaintiffs) again...

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Supreme Court Upholds Return of Plaint in Commercial Dispute Case — Immovable Property Not Used Exclusively in Trade or Commerce. Agreement to Sell and Mortgage Deed Registration Dispute Falls Outside Commercial Courts Act, 2015 as Land Was Not Pled to Be Used for Trade or Commerce.

The appellant, Ambalal Sarabhai Enterprises Ltd., filed a Commercial Civil Suit No. 41/2018 before the Commercial Court at Vadodara seeking enforcemen...

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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

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Bombay High Court Upholds Tax on Hire Purchase Components Under Bombay Sales Tax Act — Option Money, Insurance, and Hire Premium Included in Sale Price. Hire Purchase Transaction Constitutes a Sale and Resale Deduction Under Section 8 Not Available.

The case involves two sales tax references under the Bombay Sales Tax Act, 1959, arising from the Maharashtra Sales Tax Tribunal. The applicant, M/s. ...