Patent protection balances innovation rights with public interest through validity review, equitable injunction standards, licensing safeguards, and statutory remedies.
Indian patent law protects inventions meeting novelty, inventive step and industrial applicability requirements, subject to exclusions and safeguards against evergreening. Infringement may arise from unauthorised commercial exploitation of a patented invention, while defences include invalidity, prior use, non-infringement, statutory exceptions and compulsory licensing. Interim injunctions require a prima facie case, balance of convenience and irreparable injury, with public interest relevant to medicines, competition and essential technologies. Remedies include injunctions, damages, account of profits, delivery-up and destruction, while revocation, opposition and compulsory licensing provide administrative mechanisms. (AI Summary)
Indian patent law protects inventions meeting novelty, inventive step and industrial applicability requirements, subject to exclusions and safeguards against evergreening. Infringement may arise from unauthorised commercial exploitation of a patented invention, while defences include invalidity, prior use, non-infringement, statutory exceptions and compulsory licensing. Interim injunctions require a prima facie case, balance of convenience and irreparable injury, with public interest relevant to medicines, competition and essential technologies. Remedies include injunctions, damages, account of profits, delivery-up and destruction, while revocation, opposition and compulsory licensing provide administrative mechanisms. (AI Summary)
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