Analysing the pitfalls of Indian patent injunctions based on fear of infringement

Lath, Aparajita

Abstract

This article seeks to examine the emergence and implications of quia timet injunctions in patent cases in India. A quia timet action is an action based on a possible future injury and therefore stems from a threat of infringement. This article examines the common law remedy of quia timet injunctions and its application in recent cases in jurisdictions such as Canada, Europe and India. The analysis reveals that there are no set standards for granting such injunctions, making them subjective and speculative. It is argued that patent cases are not appropriate matters to grant and allow such actions. The recent emergence of such actions in Indian patent cases is worrisome.  Given that patents are not presumed valid in India, that India doesn’t follow the principle of ‘clearing the way’ and the questionable quality of patents being issued by the overburdened Indian Patent Office, quia timet actions may adversely impact innovation and public interest in India.

Keyword(s)

patent; injunction; threat of infringement

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