An India Perspective on Establishing a Prima-Facie Case in Patent Suits

26 Pages Posted: 4 Oct 2017

See all articles by Thammaiah Ramakrishna

Thammaiah Ramakrishna

Chair Professor- Ministry of Commerce And Industry (GOI) Chair on Intellectual Property Rights

Date Written: October 3, 2017

Abstract

This paper reviews the nature and the grounds for granting injunctions in general and in patent related disputes, in particular while focusing specifically on the requirement of establishing a prima facie case in granting an injunction. In this regard the paper has analyzed different provisions under Indian Civil Procedure Code, The Specific Relief Act and different judicial precedents for analyzing the standard set for the establishment of a prima facie case towards granting an injunction in case of patent suits. Further, the paper has also analyzed the provisions of Indian Patents Act to examine the legislative intent in such regard. The paper has made an attempt to evaluate the legal position and judicial practice towards setting a standard for the establishment of prima-facie case.

This paper is based upon a statistical survey of all patent related decisions of the Indian High Courts between the years 2000 to 2016, in which granting an injunction was considered. The study shows that a good standard and fixing of specific requirements for the establishment of a prima facie case while granting injunctions in patent suits, is still lacking in Indian judicial practice. This paper examines setting of a standard and specifying the requirements to establish a prima facie case and suggests a model based upon weighted average of proposed requirements.

Keywords: Injunction, Prima Facie, Infringement, Interlocutory, Patent, Standard

Suggested Citation

Ramakrishna, Thammaiah, An India Perspective on Establishing a Prima-Facie Case in Patent Suits (October 3, 2017). Available at SSRN: https://ssrn.com/abstract=3047057 or http://dx.doi.org/10.2139/ssrn.3047057

Thammaiah Ramakrishna (Contact Author)

Chair Professor- Ministry of Commerce And Industry (GOI) Chair on Intellectual Property Rights ( email )

New Delhi
India

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