Patent injunction and the public interest in India

Bharadwaj, Ashish (2017) Patent injunction and the public interest in India. European Intellectual Property Review, 40 (1). pp. 54-57. ISSN 0142-0461

[thumbnail of Ashish Bharadwaj 2017.pdf] Text
Ashish Bharadwaj 2017.pdf - Published Version
Restricted to Repository staff only

Download (283kB) | Request a copy


In Bayer Intellectual Property GmbH v Ajanta Pharma Ltd, the Delhi High Court weighs public interest with an injunction in an infringement suit pertaining to a drug patent on new grounds. The decision is functionally a compulsory licensing arrangement, although it is characterised as voluntary licensing. Moreover, the decision represents a dramatic expansion in the scope of
patents that fall under the public interest exception to the grant of the patent under the Indian patent law. The decisive ruling has implications for future cases in India, where courts could now refuse to grant injunctions for patent infringement based on a very broad economic rationale.

Item Type: Article
Keywords: Exports | Generic medicines | India | Non-use Patents | Public interest
Subjects: Social Sciences and humanities > Economics, Econometrics and Finance > Banking and Finance
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal School of Banking & Finance
Depositing User: Arjun Dinesh
Date Deposited: 09 May 2022 14:11
Last Modified: 09 May 2022 14:11


Downloads per month over past year

Actions (login required)

View Item
View Item