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2014 Supreme(Mad) 3553

SANJAY KISHAN KAUL, M.SATHYANARAYANAN
Bharat Bhogilal Patel, Ville Parle (W), Mumbai-400 049, Maharashtra – Appellant
Versus
Union of India, Ministry of Commerce and Industry, DIPP, Udyog Bhavan – Respondent


Advocates Appeared:
For the Petitioners:S. Suba Shiny for Arun C. Mohan, Advocates, R. Maheswari, Sr. Central Govt. Standing Counsel (for Union of India), Advocate.
For the Respondents:AR.L. Sundaresan, Senior Counsel assisted by P. Ramkumar, Advocate.

Judgment

Sanjay Kishan Kaul, J.

M/s. Aditi Manufacturing Company, the fourth respondent in the main writ petitions, seeks to assail the territorial jurisdiction of this Court invoked by the original writ petitioner Mr. Bharat Bhogilal Patel in filing the writ petitions assailing the order passed by the Intellectual Property Appellate Board (IPAB). It is in view thereof that arguments were addressed by both the sides confined to this issue, i.e. the preliminary aspect to invoke the jurisdiction of this Court, the fate of which would in turn, be material before the Court examines the merits of the impugned order. For the sake of convenience, the parties are described as per their rankings in M.P. No. 3 of 2012.

2. The first respondent, being the original writ petitioner, filed Patent Applications on 21.9.1998 in respect of ‘An Improved Laser Marking and Engraving Machine and ‘A Process of Manufacturing Engraved Design Articles on Metals or Non-Metals under the Patents Act, 1970 as amended by the Patents (Amendment) Act, 2002. The Patent Rules, 2003 have been enacted and brought into force on 20.5.2003 in exercise of the powers conferred under Section 159 of the Patents Act. Rule 4 spec




















































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