INFRINGEMENT OF PATENT AND REMEDIES - AN CRITICAL ANALYSIS

 ABSTRACT

Patent is one of the mot important in the intellectual property right which deals with the right
of the inventor who came out with the new invention “The law relating to patents deals with
the inventions and the patent laws in India is governed by the Patents Act, 1970. The patents
Act, 1970 deals with the registration, rights, revocation, license, infringement, remedies of
patents, etc. Patent rights in India are the exclusive rights granted to the inventor of an
invention by the government of India for the purpose of doing business. The patent law of
India is universally recognized because India is one of the signatories of the patent
cooperation treaty of 1970”

This paper will deal with the brief study on the topic of patent right and remedies for it when
it get infringed. each and every inventor work hard in relate to came up with an new
invention with the motive of selling it for a money in public domain . this right has gave a
protection to the invention from coping it by anyone . Generally patent rights allows the
inventor to enjoy the monopoly in the business for a certain period. The act of infringement
of patents and the remedial actions taken by the court of law are closely connected with each
other.

The term infringement is not mentioned under the patent act 1970 but it can be understood
that the “has the violation of the monopoly rights of the patentee to make, use, or sell or
distribute the invention in India for the purpose of monitory gain.”

The patent is more important as the infringement of the patterns will create the unnecessary
burden financial loss . this paper gave a full detail on infringement and remedy when it
violated.

 KEY WORDS : infringement ,remedies , invention , patent

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 OBJECTIVE :

 to analysis the law or the provision which are related to the infringement of the patent
in india under the act
 to analysis about the remedies available for infringement

 CHAPTERS
 THE INDIAN LAWS RELATING TO THE INFRINGEMENT OF PATENTS

 Kinds of infringement

 Doctrine related to the patent

 Test for proving the infringement

 Remedies available

 Conclusion

 Reference

1 Dunlop Pneumatic Tyre Co v. Neal (1899) 16 RPC 2

2 United Telephone Co v. Dale (1884) 25 Ch D 778

3 Pfizer Corpn v. Ministry of Health [1965] AC 512

4. Lallubhai Chakubhai Jariwala v. Chimanlal Chunilal & Co AIR 1936 Bom

5. Dhara Doshi , Compulsory License Regime of Intellectual Property Rights With

Reference to TRIPS, http://www.manupatrafast.com