An Overview of the TRIPS Mandate of Fair Civil and Administrative Procedures vis-à-vis Indian Patent Act, 1970
Lead author · Corresponding
Prateek Tak
Research Scholar at Mohanlal Sukhadia University, Udaipur, India
Abstract
The enactment of the TRIPS agreement had led to the establishment of the legal framework for the fair civil and administrative procedure for enforcing the intellectual property rights wherein mandating the member States to legislate the legal framework which balances the interest of the patent holder and alleged infringer of the intellectual property rights. This research article outlines the India’s compliance with the TRIPS enforcement mandate under Articles 42 to 49 in light of the Indian Patent Act, 1970. It studies the TRIPS mandates along with the India’s legal framework under Chapter XVIII dealing with Suits concerning infringement and Chapter XIX dealing with Appeals.
Keywords
TRIPS Agreement
Indian Patents Act
Civil Enforcement
Injunctions
Burden of Proof
Patent Infringement
Judicial Remedies.
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