Indian Patent Law

Patent Suit - Jurisdiction, Procedure and the Commercial Courts Act

Patent Suit – Jurisdiction, Procedure and the Commercial Courts Act

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Intellectual property litigation in India has undergone a transformation of considerable significance over the past decade and nowhere is this transformation more visible than in the conduct of patent suits. The enactment of the Commercial Courts Act, 2015, the establishment of specialised intellectual property divisions in the High Courts, the introduction of case management procedures […]

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Remedies for Patent Infringement – Injunctions, Damages and Accounts of Profits

Remedies for Patent Infringement – Injunctions, Damages and Accounts of Profits

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The enforcement of a patent right is only as meaningful as the remedies available when that right is infringed. A patent that cannot be effectively enforced whose violation attracts only nominal consequences or whose vindication requires years of inconclusive litigation provides little real protection to the inventor and little genuine deterrence to would-be infringers. Conversely,

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Defences-to-patent-infringement-section-107-and-beyond

Defences to Patent Infringement – Section 107 and Beyond

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Patent infringement litigation in India, as in every major patent jurisdiction, is rarely a simple contest between an unimpeachable patent and an undeniable act of infringement. The defendant in a patent infringement suit has available to it a range of defences    statutory, equitable and procedural that can defeat or substantially limit the plaintiff’s claim even

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Telefonaktiebolaget LM Ericsson (Publ) v. Competition Commission r

Telefonaktiebolaget LM Ericsson (Publ) v. Competition Commission of India & Another

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High Court of Delhi at New Delhi | Decided: 30 March 2016 W.P.(C) No. 464/2014 & W.P.(C) No. 1006/2014 Bench: Hon’ble Mr. Justice Vibhu Bakhru Background Telefonaktiebolaget LM Ericsson (Publ), a company incorporated under the laws of Sweden and one of the world’s largest telecommunications companies, filed two writ petitions challenging orders passed by the

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Patenet infringement section 48

Patent Infringement in India: What Constitutes Infringement under Section 48 of the Patents Act, 1970

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A patent, at its core, is a bargain between the inventor and the state. The inventor discloses the invention to the public in full; the state, in return, grants a limited monopoly for twenty years. The value of that monopoly depends entirely on how effectively it can be enforced. An unenforceable patent right is no

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Nandhini Deluxe v. Karnataka Co-operative Milk Producers

Koninklijke Philips Electronics N.V. v. Rajesh Bansal & Ors.

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Delhi High Court | Mukta Gupta J. | 12 July 2018 Case Numbers: CS(COMM) 24/2016; CS(COMM) 436/2017 Justice Mukta Gupta BACKGROUND The plaintiff, Koninklijke Philips Electronics N.V., a Netherlands-incorporated multinational corporation, instituted two suits alleging infringement of its Indian Patent No. 184753 relating to DVD video player technology. The patent, dated 13 February 1995, pertains

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Government Use of Patents - Section 99 to 103

Government Use of Patents – Section 99 to 103 of the Patents Act, 1970

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The relationship between sovereign power and private intellectual property rights has been one of the most contested and consequential questions in the design of patent systems since the earliest days of modern patent law. A patent grants its holder a monopoly a right to exclude all others, including the state, from using the patented invention

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Parallel Imports and Section 107A - The Bolar Exemption and Doctrine of Exhaustion

Parallel Imports and Section 107A – The Bolar Exemption and Doctrine of Exhaustion in Indian Patent Law

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Among the most practically significant yet doctrinally complex provisions of the Patents Act, 1970 is Section 107A, inserted into the Act by the Patents (Amendment) Act, 2002. In the two decades since its insertion, Section 107A has become one of the most contested and commercially consequential provisions in Indian pharmaceutical patent law, engaging questions that

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