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Union of India & Others is a landmark decision by a two-judge bench of the Indian Supreme Court on the issue of whether Novartis could patent Gleevec in India, and was the culmination of a seven-year-long litigation fought by Novartis. The Supreme Court upheld the Indian patent office's rejection of the patent application.
Patent infringement is an unauthorized act of - for example - making, using, offering for sale, selling, or importing for these purposes a patented product. Where the subject-matter of the patent is a process, infringement involves the act of using, offering for sale, selling or importing for these purposes at least the product obtained by the patented process. [1]
An intellectual property (IP) infringement is the infringement or violation of an intellectual property right. There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights [1] and trade secrets. Therefore, an intellectual property infringement may for instance be one ...
Patent infringement typically is caused by using or selling a patented invention without permission from the patent holder, i.e. from the patent owner. The scope of the patented invention or the extent of protection [72] is defined in the claims of the granted patent. There is safe harbor in many jurisdictions to use a patented invention for ...
The economic effects of intellectual property reform in India is a complex subject area, and would require a separate detailed article. A beginning may be made by referring to Sunil Kanwar and Stefan Sperlich (2020), [18] who study the effect of intellectual property reform on technological advancement and productivity increases in manufacturing industry in the emerging market context of India.
Sales of semaglutide by a Chinese company could amount to an infringement of Novo Nordisk's China patent, said Frank Yang, senior associate at Marks & Clerk Intellectual Property Agency in reply ...
Ireland appears to subscribe to a doctrine of equivalents. In Farbwerke Hoechst v Intercontinental Pharmaceuticals (Eire) Ltd (1968), a case involving a patent of a chemical process, the High Court found that the defendant had infringed the plaintiff's patent despite the fact that the defendant had substituted the starting material specified in the patent claim for another material.
In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to enforce their rights. [2] The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international ...