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Title: Patent injunction and the public interest in India
Authors: Bharadwaj, Ashish
Keywords: Patent
Public Interest
Issue Date: 23-Oct-2017
Publisher: Sweet and Maxwell, London
Citation: European Intellectual Property Review, Vol.40, No.1 (2018)P 54-57
Abstract: The Delhi High Court, in a recent ruling, weighs public interest with injunction in an infringement suit pertaining to a drug patent on new grounds. The decision is functionally a compulsory licensing arrangement, although it is characterized as voluntary licensing. Moreover, the decision sets a dramatic expansion in the scope of patents that fall under the public interest exception to the grant of the patent under the Indian patent law. The decision in 'Bayer' significantly deviates from existing precedence of the Delhi High Court by considering economic interests as sufficient public interest to warrant a refusal to grant an injunction for a patent infringement. It also establishes a kind of de facto compulsory licence by failing to grant an injunction for a company producing a product intended solely for export and not for the domestic market in India. The decision is likely to generate future litigation in India to clarify the scope of the economic basis of the public interest, and it could also lead to international repercussions as patentees attempt to clarify the extent of the public interest exception under TRIPS.
Appears in Collections:JGU Research Publications

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