Manuscript Title:

THE PATENT ENFORCEMENT AND ADJUDICATION OF INFRINGEMENTS IN INDIA- A LEGAL PERSPECTIVE

Author:

TEJASWINI B J

DOI Number:

DOI:10.17605/OSF.IO/AGP2D

Published : 2022-09-23

About the author(s)

1. TEJASWINI B J - Assistant Professor, Department of Humanities and Social Sciences, B M S Institute of Technology and Management.

Full Text : PDF

Abstract

The Government of India is promoting innovation which is the backbone of the progress and development of a country through various measures like Start-up-India, Online patent processing, expedited examination, and other procedures for issuing a patent, etc. Such initiatives by the Government of India have encouraged a greater number of patent filings. With an increase in the number of patent applications and also grants, litigation in the field of patents is also on the rise. In recent years, the Indian patent regime has not only witnessed an increase in the number of patent litigation, but also dramatic evolution of the nature of patent litigation. Innovators are assertive not only in patenting their invention but also in protecting their patents from being infringed by other competitors. Therefore, patent infringement cases have become a major part of Intellectual property litigation in India. The patentees are approaching the district courts and the High courts in cases of patent infringement wherein the relief come in the form of Injunction or damages or account of profits. In this context, India needs to have a strengthened enforcement and litigation system to protect the rights of the patentees.


Keywords

Patent rights, patent infringement, Intellectual property, courts, cases, and injunction.