2019 (4) TMI 29

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....se the demand has been confirmed against the appellant under the category of 'Intellectual Property Right Services'. The facts of the case are that the appellant has entered into two agreements with Alembic Ltd. and Dabur Pharma Ltd. The terms of agreement were as follows:- "(a) In the case of M/s. Alembic Ltd., the terms were as under : 1. DRF has developed and is the exclusive owner and proprietor of certain know-how (as defined hereinafter and for the sake of brevity referred to as "Know-How") in respect of certain pharmaceutical products listed Annexure I, which Annexure is attached hereto and made a part of this Agreement. 2. Alembic is desirous of purchasing the Know-How and requested the Assignor to transfer the Know-How on the ....

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....DRF hereby convenants with Alembic that it has full right and absolute authority to transfer the Know-How with all rights appurtenant thereto. 4. The Transfer of the Know-How shall be carried out in one or more tranches as may be finalised by and between the parties hereto but not later than 31st March, 2007. 5. On and from the date of transfer of the Know-How against payment to be made by Alembic. Alembic shall be the owner and proprietor of the Know-How in all respects and shall be entitled to use, sell, transfer, assign, license, contract, develop, modify or otherwise turn to account the Know-How in any manner as may be considered appropriate by Alembic and without any objection or interruption by DRF or any person claiming through t....

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....e from all encumbrances, to the Assignee, all its right, title and interest in the Scheduled Intellectual Properly together with the right to recover and take all proceedings as may be necessary for the recovery of damages or otherwise in respect of any and all infringements of any patents, or any patents granted in respect of any pending patent applications, or for recovery of damages or otherwise in respect any rights arising from statute, contract, common law, equity, or otherwise in respect of the Know-How, regardless of whether said damages arose or infringement occurred prior to the Effective Date set out in clause 3.2 hereunder. 3.2 Notwithstanding anything contained in this Agreement, the sale, transfer and assignment of rights pr....