PATENT LITIGATION IN INDIA

A patent can be defined as a piece of intellectual property granted to an individual for his invention for a limited period of time. A patent allows an individual to practice sole ownership of his invention for a maximum period of 20 years. A patent can also be defined as a permission/allowance granted by a government authority to an inventor of a product providing them the exclusive right to manufacture, practice, and sell his invention. Patents are granted to inventions that are fresh and unique and adhere to the jurisdiction rights of the country it originated in.

In India, the law that acknowledges and imposes patent rights is governed by “the patents act 1970” and the rules issued under the act. But as per the Indian patent act 2005, there were significant modifications made in the patent act 1970. The modifications in the patent act 1970 were made to bring the law in accordance with the agreement on trade-related aspects of IP rights 1994 (TRIPS).

The new Indian Patents Act, 2005 stated the launch of product patents in India. These laws majorly focused on safeguarding the interests and intellectual property rights of patent holders. The laws binding in India have been derived from various sources. The best worldwide practices have been adopted to practice the principles of international law. In India, mostly all decisions related to laws and patents are taken by the Indian courts. Also, the decisions of European as well as the US courts hold a significant place in the Indian court of law. The patent litigation practice in India has been on a rise since 2005. The year 2005 marked a revolution as it witnessed the conception of a product patent regime in chemicals, food and drugs, and various other innovator companies and industries.

The Indian courts mostly take up matters related to the following:

●    Infringement (case,  F Hoffmann La Roche v Cipla Ltd. (RFA(OS) 92/2012)

●    Patentability (case, Novartis v Union of India ((2013) 6 SCC 1)

●    Non-discriminatory Licensing (case, Telefonaktiebolaget LM Ericsson v Intex Technologies (Cs(Os) No.1045/2014)

The major aim of patent litigation is to narrow down on infringement. A thorough investigation is conducted by local IP administrative authorities in order to penalize the defaulters/infringers and estimate the damages. The National IP rights policy sets an example about the need to create a momentous and transparent patent system in India that is fully functional. However, it is yet to be seen whether the goals set are attained or not.