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ARTICLE · 09 SEPTEMBER 2016

Check Your Rights Before You Sue

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The Madras High Court ruled in favour of the Defendant, Hindustan Unilever Ltd. by rejecting the plea made by the Plaintiff for permanent injunction against the Defendant for the infringement of their patent.

IndiaIntellectual Property
Vikrant Rana
Vikrant Rana
Lucy Rana
Lucy Rana
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 On August 08, 2016, the Madras High Court ruled in favour of the Defendant, Hindustan Unilever Ltd. by rejecting the plea made by the Plaintiff, M/s Cavinkare Pvt. Ltd. for permanent injunction against the Defendant for the infringement of their patent. In the present matter, the Madras High Court observed that there would be no use of applying Section 105 of the Patents Act, 1970 as no rights can be claimed on a patent whose duration has expired.

CASE SUMMARY

The suit was filed by M/s Cavinkare Pvt. Ltd., against Hindustan Unilever Ltd., wherein the Plaintiff pleaded that a permanent injunction be granted restraining the Defendant and their exclusive licensees from in any manner interfering with the plaintiff's legitimate right to make, use or sell the cosmetic composition for lightening skin comprising niacinamide, sunscreen and silicone compounds in India. The Defendants, meanwhile, prayed in their Written Statement that the Hon'ble Court declare that

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