Interim Injunction In IPR: An Indian Experience

INTRODUCTION

The availability of appropriate reliefs in cases of patent infringement is the key for ensuring the global patent protectionist regime. Patent act 1970 (hereinafter referred to as 'act') provides a legal framework for the functioning of patent system in India. Section 108 of the act provides for reliefs that a court may grant in the suits of patent infringement. Basically it provides two kinds of remedies: one is the grant of injunction against the patent infringer and second is the appropriate damages that the patentee has suffered from the infringement of his patent. Both of these remedies are granted after the actual determination of infringement. This kind of situation, many a times, poses a difficulty for the patent holder to retain and hold damages, arising out of infringement, till the actual guilt is proven. Therefore, the patentee generally pleads for an interim injunction as a temporary and immediate remedy. The act, primarily, is silent about