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CS Professional · Intellectual Property Rights - Law and Practice · Patent Documentation, Examination and Infringement

Ramesh Industries is sued for patent infringement for importing and distributing a patented medicine. Ramesh shows that the import and distribution were in accordance with conditions specified in section 47. How does section 107 treat this?

Compliance with the conditions specified in section 47 is a complete ground of defence under section 107(2). The sub-section expressly covers importation, use or distribution of medicines or drugs, and does not require the patentee's consent.

  1. AIt is a ground for defence in the suitCorrect
  2. BIt reduces only the amount of damages and is not a defence to liability
  3. CIt is a defence only for making or using machines, not for medicines
  4. DIt is available only if the patentee consents in writing

Explanation

Section 107(2) says that in a suit for infringement by importation, use or distribution of any medicine or drug, it is a ground for defence that the act accords with the conditions in section 47. Option C is wrong because medicines or drugs are expressly covered. No patentee consent is required.

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