Consequences of Patent Infringement in India

This article aims to provide the reader with some insights on the consequences of patent infringement in India. The patent registration in Ahmedabad secures the products or services of a merchant who wishes to secure his/her products from being copied. Even the manipulation of entries in a register with an intention to copy a patent is considered to be a criminal offense as per the Indian Patents Act, 1970.

All such penalties are stated in the Indian Patent Act, 1970. However, the exact consequences of the infringement of a patent are not stated but the Section 48 deals with rights that have been conferred to the patentee. Some of the notable ones are:

1. The patentee has the exclusive right to prevent a third party from using, selling, distributing or importing the products that have been patented by the patentee under the act. 

2. When the subject matter is a process, the patentee has the sole right to prevent the third party from using, selling, distributing, or importing any products or services produced by the process in India. 

The Patent Infringement in India as per the Indian Patent Act, 1970

According to the provisions stated in the act, the following activities will lead to a patent infringement:

1. The imitation of the invention by discoloration.

2. Mechanical Equivalents

3. Capturing the essential features of the subject matter.

4. Some immaterial variation in the invention

The mechanical variation here would mean altering some features of the invention and creating a new concept out of it. 

The patentee can file a complaint for the infringement of the patent up to three years from the date of such infringement and the jurisdiction will be the geographical area where such infringement has taken place. The patentee must produce a proof that shows that an infringement has occurred. 

Constitutes of a patent infringement

The following things must be present while instituting a suit for the patent infringement:

1. The patentee
2. The exclusive license of the patentee
3. The compulsory license
4. Assignee

It should be noted that a suit for the infringement of a patent can only be instituted when the patent is sealed legally. When the license and the patenting of the subject matter are in the process, the patentee cannot file a suit for any infringement. The patentee, however, can file a suit for the damages caused due to infringement during the period of the date of publication and the date of grant. 

The Remedies and Relief

1. Administrative relief:

The patent owner can directly move to the collector of customs and prohibit the entry of such good in the Indian market. The patent owner should provide all the details of the consignment such as the name of the exporter, consignee, name of the ship, port of entry and so on. 

2. Civil Relief:

3. Injunctions:

Temporary injunctions are granted when there are prima facie pieces of evidence in the favour of the plaintiff while the permanent injunction is granted only after the complete trial. 

4. The accounts of profit or damages are granted when it is proved that the defendant was aware of the patent on the date of infringement.

The court has the right to order the delivery up of the infringed goods. The rule 7 of the Civil Procedure Code talks about the same. According to the provisions of this rule, a police commissioner will reach the warehouse or the commercial/residential property of the defendant and seize all the infringed goods. This process is conducted without giving any prior notice to the defendant. 

When the imposed infringement is fake

At times, the plaintiff files a suit against the defendant without the defendant being actually responsible for the infringement. In such cases, the defendant may seek the following reliefs:

➧  Injunction against the threats.
➧  Ask for the damages if any.
➧  A declaration stating that the claims are non-justifiable. 

Nowadays in India, people are becoming more and more aware of patenting their products and services. This is a good way to secure their inventions and stay away from the cheats.