Local working requirements and enforceability of patents: an Indian perspective of challenges and opportunities surrounding a granted patent

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Article on “Local working requirements and enforceability of patents: an Indian perspective of challenges and opportunities surrounding a granted patent” as Published in Asia Pacific Regional Forum Newsletter of the International Bar Association (IBA) Legal Practice Division, Vol 18 no 2 August 2011

Introduction

Generally, “Local Working” refers to the conditions imposed by some countries on patentees that their patented product or process must be used or produced in the patent granting country. It is also known as commercial working (or exploitation) of a patent in a country.

With regards to the enforceability of patents in India, it is crucial to note that since the advent of a pharmaceutical patent regime in 2005, the number of patent litigations in India has witnessed a rapid increment. However, courts have yet not received a level wherein the correct standards for the grant (or non grant) of an injunction or a restraining order may be determined.

This article will provide a basic overview regarding local working requirements of granted patents in India in light of recent developments, and a brief analysis of enforceability of patents in India.

Key topics covered in the article are:

Development of Intellectual Property Regime

Local working of patents: Indian Perspective

Compulsory Licensing and Revocation of Patents in India

Revocation of Patent

Enforceability of Patents: Indian Scenario

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Rahul Dev, Tech Corp Legal LLP | Attorney Advertising

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