This post was first published on May 27, 2011.
Parallel Imports occurs when authentic products are imported cheaply, without the consent of the producer who has a Trade mark, Copyright, Patent or other intellectual property right in these products, with the aim to compete with the producer’s own products, which he himself had originally marketed abroad at a lower price. This amendment aims to foster enhanced competition amongst distributors and thereby enable Indian consumers and students to access a wider range…
First Publication Date: 11th December 2010.
A person falling within the scope of a defense will not be liable for infringement though his product or process is infringing. Some of the defenses to patent infringement recognized under the Indiann Patent Law are:A. Experiment, Research or Education;
B. Bolar Exemption;
C. Government use; and
D. Parallel Imports.
A. Experiment, Research or Education
Use of a patented invention for experimentation or research is a defense to patent infringement. The provision relating to experiment and research under the Indian…