INFRINGEMENT OF PATENTS : AN ANALYSIS OF COMPULSORY LICENSING THROUGH PERTINENT CASE LAWS
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Patent is granted for inventions. It a legal right which an inventor has for his inventions. An invention must satisfy the following three conditions of: (i) Novelty (ii) Inventive-Step (Non- obviousness) (iii) Utility/Usefulness 1) Novelty: An invention will be considered novel if it does not form a part of the global state of the art.15 The courts in India have decided a few cases concerning to novelty, however none of the case is directly dealing with the novelty. In the case of Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries wherein the plaintiff instituted a suit for injunction and damages against defendants forthe process of manufacturing utensils, particularly shallow dishes of which it owes a patent , the issue came up was- Whether an alleged invention involves novelty and an inventive step?, it was held that A patent is granted only for an invention which must be new and useful, a patent is granted to encourage scientific research , new technology and industrial process. 1
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Chatterjee, S. (2026). Infringement of Patents : An Analysis of Compulsory Licensing Through Pertinent Case Laws. International Journal of Science, Strategic Management and Technology, 02(03). https://doi.org/10.55041/ijsmt.v2i3.100
Chatterjee, Shreeja. "Infringement of Patents : An Analysis of Compulsory Licensing Through Pertinent Case Laws." International Journal of Science, Strategic Management and Technology, vol. 02, no. 03, 2026, pp. . doi:https://doi.org/10.55041/ijsmt.v2i3.100.
Chatterjee, Shreeja. "Infringement of Patents : An Analysis of Compulsory Licensing Through Pertinent Case Laws." International Journal of Science, Strategic Management and Technology 02, no. 03 (2026). https://doi.org/https://doi.org/10.55041/ijsmt.v2i3.100.
References
2.Indian Biological Diversity Act, 2002
3.https://www.wipo.int/patents/en/
4./https://www.wto.org/english/tratop_e/trips_e/public_health_faq_e.htm 5..http://www.khuranaandkhurana.com/2017/08/03/compulsory-licensing/
6.E. Durojaye, “Compulsory licensing and access to medicines in post doha era: what hope for Africa?”Journal of Intellectual Property Law, vol. 18, no. 2, pp. 35, Spring 2011.
7.T. Jain, “Compulsory licenses under trips and its obligations for member countries,” ICFAI Journal of Intellectual Property Rights, vol. 8, no. 1, February 2009.
8.G. J. Arnold, “International compulsory licensing: the rationales and the reality,” PTC Research Foundation of the Franklin Pierce Law Center, IDEA: Journal of Law and Technology, vol. 5, 1993
[4] R. Gottschalk. Vital Speeches of the Day. [Online]. 21. Available: http://web.ebscohost.com/ehost/pdfviewer/pdfviewer?vid=28&hid=12 2&sid=b06a26af-6028- 4687-93e0-06fa097c0197%40sessionmgr13
9.R. J. Hunter, H. R. Lozada, F. Giarratano, and D. Jenkins, “Compulsory licensing: a major ip issue in international business today?” European Journal of Social Sciences, vol. 11. 33, pp. 376, 1993.
10.T. Jain, “Compulsory licenses under trips and its obligations for member countries,” ICFAI Journal of Intellectual Property Rights, vol. 8, no. 1, February 2009.
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