Bench:Prakash Shrivastava
3 IP cases indexed. Covers patent matters.
Cases Presided Over
3 cases indexed | Page 1 of 1
Kanishk Sinha v.The Union Of India And Anr.
The appellant challenged the denial of his plea for extending the validity/tenure of his Patent due to seven-year delays by authorities. He also questioned the constitutional validity of Section 53 of the Patents Act, 1970. The Calcutta High Court upheld the Single Judge's decision, stating that no provision allows for automatic extension as a penalty and noting that the issue of constitutional validity was not properly argued.
Kanishk Sinha & Anr v.Union Of India & Anr
The appellants challenged the dismissal of their writ petition, which sought linkage between their software and the 'VAHAN' vehicle registration system. The core issue raised was entitlement to compensation under Section 102(3) of the Patents Act, 1970.
Narendra Singh v.Ashendra Mishra
Narendra Singh filed an application seeking the appointment of an independent arbitrator under the Arbitration and Conciliation Act, 1996, against Ashendra Mishra regarding disputes arising from their partnership firm, M/s. Kautilya Academy. The applicant alleged misuse of the trade mark and siphoning of funds by the respondents. However, the court dismissed the application, holding that since there were serious allegations of forgery, fraud, and dispute over the very execution of the partnership deed, the matter was not fit for arbitration. The proper remedy was directed to be sought in a civil court.
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