In granting a patent for high-tenacity cellulosic regenerated fibre, the Indian Patent Office maintained that the plaintiff failed to provide sufficient evidence of prior publication and that the invention involved an inventive step. This well-reasoned judgment highlights a trend of improvements in India’s patent jurisprudence.
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INTRODUCTION
The availability of appropriate reliefs in cases of patent
infringement is the key for ensuring the global patent
protectionist regime. Patent act 1970 (hereinafter referred to as act ) provides a legal framework for the functioning of
patent system in India. Section 108 of the act provides for reliefs
that a court may grant in the suits of patent infringement.
Basically it provides two kinds of remedies: one is the grant of
injunction against the patent infringer and second is the
appropriate damages that the patentee has suffered from the
infringement of his patent. Both of these remedies are granted
after the actual determination of infringement. This kind of