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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Patents

Meera Traders imports a patented medical device from a foreign supplier who is duly authorised under the law of that country to produce and sell the product, without the Indian patentee's permission. Under the Patents Act, 1970, how is this importation treated?

It is not infringement. Section 107A(b) states that importing patented products from a person duly authorised under the law to produce and sell or distribute the product is not infringement. The authorisation need not come from the patentee, so the patentee's lack of consent does not matter.

  1. AInfringement, as the patentee did not authorise the supplier
  2. BNot infringement, as importation from a person duly authorised under the law to produce and sell the product is excludedCorrect
  3. CInfringement unless the importer is a registered patent agent
  4. DNot infringement only if the device is imported for personal use

Explanation

Section 107A(b) provides that importation of patented products from a person duly authorised under the law to produce and sell or distribute the product is not infringement. After the 2005 amendment, authorisation by the patentee is not required, so the first option is wrong.

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