Skip to content

CS Professional · Intellectual Property Rights - Law and Practice · Indian Patent Law and its Developments

Hindustan Surgicals Ltd holds an Indian patent on a device. A hospital in Pune imports the device from a foreign supplier who is duly authorised under the law of its country to produce and sell the product, without any consent from Hindustan Surgicals Ltd. Under the Patents Act, 1970, how is the importation treated?

The importation is not an infringement. Section 107A(b) treats importation of patented products from a person duly authorised under the law to produce and sell or distribute the product as non-infringing, and no consent of the patentee is required. The importer's identity as private or government does not matter.

  1. AInfringement, because the patentee's authorisation is required for any import
  2. BNot an infringement, because importation of patented products from a person duly authorised under the law to produce and sell or distribute the product is not infringementCorrect
  3. CInfringement unless the Controller has granted a compulsory licence
  4. DNot an infringement only if the hospital is a government body

Explanation

Section 107A(b), as amended in 2005, says importation of patented products by any person from a person duly authorised under the law to produce and sell or distribute the product is not infringement. The earlier wording required authorisation by the patentee, which was replaced. Option A reflects that superseded position.

Did you get it right without looking?

One question tells you little. A timed set on Indian Patent Law and its Developments shows your real accuracy, how long you take and where you lose marks.

Practise Indian Patent Law and its DevelopmentsFree diagnostic mock

More Indian Patent Law and its Developments questions