GARWARE WALL ROPES LTD Vs. TECHFAB INDIA

JUDGEMENT

(1.) THE appellant - original plaintiff has filed this appeal challenging the interlocutory order dated 13. 07. 2006 passed by the Learned Single Judge of this Court below injunction application Exh. 5 in Civil Suit No. 04 of 2005 whereby the injunction as prayed for was refused.

(2.) IT is the case of the appellant that the appellant is a well reputed manufacturer and seller of synthetic ropes, twines and yarns, nettings and various rope products including Geosynthetic products and systems. One of such products manufactured and sold by the appellant is known as Synthetic Rope Gabion, referred to as SRG Invention in the plaint of the suit. The SRG invention is primarily used for the preservation of riverbanks, seashores, seacoasts etc. , particularly to prevent erosion caused by natural processes. Long back since 1983, the appellant has been having a well equipped Research and Development ("randd") unit undertaking Randd in the fields of interests to the appellant including Geosynthetics. The said Randd Units have been since then approved and recognized by the Ministry of Science and Technology, Government of India. One of such products developed by the appellant through its exhaustive Randd experiments, is the SRG Invention, which has been granted a Patent. The SRG Invention relates to the Geosynthetic field of technology, recently developed as a branch of its own. The Synthetic Products used in conjunction with soil and earth are known as "geo-Synthetic Products". This field is a combination of various other disciplines such as civil engineering, environmental engineering, geology, biology, oceanography, etc. The SRG Invention seeks to overcome the problems and/or limitations faced by other known types of means used for preventing soil erosion, including the known types of gabions and large size cement concrete Tetrapod, and also performs exceedingly well against the challenges such as continuous onslaught of water, corrosion, abrasion, etc. , posed and/or arising out of sea / river water.

(3.) THE appellant applied for a patent under the Patent Act by way of Patent Application bearing No. 455/bom/99 on 22. 06. 1999, along with complete Specification, as required under the Patent law. Drawings were also filed along with the complete Specification. After verifying and examining the claim of the appellant in respect of the SRG Invention, and after the examiner of patents issued a report in that behalf, the Controller of Patents accepted the patent claim of the appellant on 10. 06. 2004. Such claim for a patent by the appellant was published in the Gazette of India for opposition, if any on 04. 02. 2005. As there was no opposition, the Controller of Patent sealed the patent on 13. 05. 2005. It bears a Patent No. 195352 in favour of the appellant. Thus, the patent in favour of the appellant came into existence w. e. f. 22. 06. 1999 as by virtue of Section 45 of the Patents Act, 1970, the granting of patent relates back to the date of application. The appellant, since then, has been continuously manufacturing, marketing, using, selling and/or offering for sale the SRG Invention extensively. The sales figures of the SRG Invention manufactured and sold by the appellant are stated in the plaint of the suit. The said SRG Invention is a commercially successful product as it overcomes / solves the limitations, disadvantages, failures and/or problems of the known systems / methods used against soil erosion.