IP Cases — 1982
6 decisions across all jurisdictions
Page 1 of 1 · 6 total
Union Of India v.Indo-French Pharmaceutical Company
The Union of India appealed against an order allowing Indo-French Pharmaceutical Company to clear three Indian Pharmacopoeia products without paying excise duty. The dispute centered on whether a small symbol and name used on the product label qualified as a proprietary mark under the Central Excises and Salt Act, thereby attracting excise duty.
Anup Engineering Ltd. v.The Controller Of Patents Office
Anup Engineering Ltd. challenged the refusal by the Controller of Patents Office (Respondent No. 1) to accept its opposition application against a patent filed by Bharat Heavy Electricals Ltd. (Respondent No. 3) for 'metal bellows'. The petitioner argued that it had a statutory right under Section 25 of the Patents Act, 1970, to be heard before the grant of any patent.
Albright And Wilson Ltd. v.Income-Tax Officer
The dispute concerned whether the consideration received by Albright And Wilson Ltd. from selling its technical know-how and two Indian patents to an Indian company was taxable under Capital Gains provisions. The Income Tax Officer initially taxed the amount, but the Tribunal ultimately held that since the asset had a cost (though difficult to determine), the transfer attracted capital gains liability.
Bijoli Grill Spencer'S Product v.Spencers & Co. Ltd.
Bijoli Grill Spencer's Product sought an injunction to protect its right to use the trade mark and trade name 'Spencer' in relation to mineral aerated waters, challenging Spencers & Co. Ltd.'s rights. The court examined the history of the marks and found that the petitioner could not establish a concurrent right.
Press Metal Corporation Limited v.Noshir Sorabji Pochkhanawalla And Anr.
The petitioners appealed against an order by the Assistant Controller of Patents and Designs that dismissed their opposition to a patent grant. The core dispute centered on whether the muffler silencer improvement was novel, non-obvious, and adequately described in the application. The High Court found the Controller's approach erroneous, sustaining all grounds of opposition.
Hoechst Pharmaceuticals Ltd. v.C.V.S. Mani
This case challenged specific amendments made to the Drugs and Cosmetics Rules, 1945, which mandated that certain single-ingredient drugs could only be marketed under their generic or proper scientific name. Petitioners, including Hoechst Pharmaceuticals, argued that this prohibition on using established trade names violated their constitutional rights. The Delhi High Court ultimately struck down the most restrictive clause of the amendment, holding it illegal and ultra vires, while allowing a lesser restriction requiring the proper name to be displayed more prominently than the trade name.
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