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THE PHARMA REVIEW (JULY – AUGUST 2020)

Jurisdictional Patent Damages US and India

Sridevi Krishnan

Introduction: The patent system functions on the principle of quid pro quo; wherein the owner of the patent is awarded a patent grant in return for the invention that has been brought in the public domain for improvement of the lives of the public at large. The patent grant is for a period of 20 years, which gives the patent owner the right to prevent others from making, selling, offering for sale or importing the invention. A license is required to be sought from the owner of the invention to make, sell, offer for sale or import the invention into a jurisdiction wherein there exists a valid patent for the said invention. In absence of a license, any of the said acts in respect of the said invention would amount to infringement and the patent owner would be liable to recover damages from the infringer via a suit in a court of law. The current article examines the scope of “damages” recoverable from the jurisdictions of US and India, as per the prevalent law in said jurisdiction.

 

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