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ARTICLE · 21 JULY 2012

Enercon Patent Litigation

Patent Litigation in India has grown considerably, especially in the pharmaceutical sector, since the amendment of the Patent Act in 2005.

IndiaIntellectual Property

Patent Litigation in India has grown considerably, especially in the pharmaceutical sector, since the amendment of the Patent Act in 2005. The product patent regime in the field of drugs, food and chemicals has led many Indian firms to enforce or oppose the patents. In general the awareness about patents and its commercial exploitation is being increasingly used as a potent tool in competitive strategy formulated by many companies. As a result, an increased number of patent disputes are landing in courts. The courts are playing a very important role in ultimately resolving the disputes and interpreting the law. Lately, the Indian patent litigation space saw a hotly contested dispute over granted patents between a German company and its Indian arm. The case is important from the point of view that it addresses some very pertinent standards of Patent law.

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