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Analysing the pitfalls of Indian patent injunctions based on fear of infringement

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Title Statement Analysing the pitfalls of Indian patent injunctions based on fear of infringement
 
Added Entry - Uncontrolled Name Lath, Aparajita
 
Uncontrolled Index Term patent; injunction; threat of infringement
 
Summary, etc. This article seeks to examine the emergence and implications of <em>quia timet</em> injunctions in patent cases in India. A <em>quia timet</em> action is an action based on a possible future injury and therefore stems from a threat of infringement. This article examines the common law remedy of <em>quia timet</em> injunctions and its application in recent cases in jurisdictions such as Canada, Europe and India. The analysis reveals that there are no set standards for granting such injunctions, making them subjective and speculative. It is argued that patent cases are not appropriate matters to grant and allow such actions. The recent emergence of such actions in Indian patent cases is worrisome.  Given that patents are not presumed valid in India, that India doesn’t follow the principle of ‘clearing the way’ and the questionable quality of patents being issued by the overburdened Indian Patent Office, <em>quia timet</em> actions may adversely impact innovation and public interest in India.<strong> </strong>
 
Publication, Distribution, Etc. Journal of Intellectual Property Rights (JIPR)
2023-04-05 11:36:55
 
Electronic Location and Access application/pdf
http://op.niscair.res.in/index.php/JIPR/article/view/5058
 
Data Source Entry Journal of Intellectual Property Rights (JIPR); ##issue.vol## 19, ##issue.no## 4 (2014): Journal of Intellectual Property Rights
 
Language Note en
 
Nonspecific Relationship Entry http://op.niscair.res.in/index.php/JIPR/article/download/5058/11503