Infringement Proceedings under the Indian Patent Law

Preface

In the absence of a strong enforcement framework, Intellectual Property rights are meaningless. Though TRIPS Agreement has brought about harmonization as far as the substantive provisions of the Patent law are concerned, procedures for enforcement of patent rights have been left to the Individual states subject to certain broad guidelines. The enforcement mechanisms must, however, be fair and equitable. Equally important is the requirement that such procedures should not be unnecessarily complicated or costly or entailing unreasonable time limits or unwarranted delays.

This article shall dwell upon various aspects of infringement proceedings in India with special emphasis on the nature and scope of relief available to the aggrieved party.