Review Of Indian Patent Law In 2008

Extract

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Review Of Indian Patent Law In 2008

Published in Asialaw April 2009

2008 saw several important decisions in the area of patent law,

the most hotly-debated branch of intellectual property law in

India. Each passing year brings on further nuanced decisions in the

area of patent law.

The landscape of decisions prior to 2008 was not particularly

encouraging in respect of the grant of injunctions in patent cases.

It was generally accepted that any sort of challenge to the

validity of a patent would lead to the Court declining an interim

injunction. The cases of Bilcare v. Amartara (2007, Delhi High

Court), Bilcare v. Associated Capsule (2007, Delhi High Court),

Standipack Pvt. Ltd. v. M/s Oswal Trading Co. Ltd.(2000, Delhi High

Court) and Garware v. Mr. Kanoi (2006,...

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