Pandemics, Public Interest And Patent Infringement In India

The dilemma

In patent law, there is a constant tug of war between the importance of incentivizing innovators and the need to ensure that consumers have access to innovations. The law reflects this tussle as well. But this constant striving to balance the rights between patentees and consumers is essential for the patent system to function and be meaningful to society. Some laws are perceived as pro-patentee, i.e., favouring the innovators, whereas some laws are perceived to ensure that the public benefits from the innovations.

Public interest in India

Courts in India follow a three-factor test to determine whether interlocutory relief is to be granted in patent infringement cases by way of injunctions. The elements of this test are: firstly, that there exists a prima facie case; secondly, that if the application is not granted, the applicant will suffer irreparable and non-compensable harm; and thirdly, that the balance of convenience lies in the favour of the