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Whither Patent Litigation in India?

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  • Agarwal, Anurag K.

Abstract

Patent litigation in India is growing. Awareness about patents and the possibility of commercial exploitation of patents is increasing. This is due to better laws and improving registration facilities. Indian firms are taking the patent disputes to courts, as was and is very common in the United States. More than a century back, disputes about electric bulb, telephone and automobile have been resolved in the American courts. Indian courts never had as much patent litigation as the American and English courts had. In the last ten years or so, things have changed. Post-WTO, Indian law has been amended and patent protection has become stronger. Patent law and protection provided by it is being increasingly used as a potent tool in competitive strategy formulated by many companies. The courts are playing a very important role in ultimately resolving the disputes and interpreting the law. There is, however, a need to expedite the process of resolution of such disputes.

Suggested Citation

  • Agarwal, Anurag K., 2011. "Whither Patent Litigation in India?," IIMA Working Papers WP2011-03-05, Indian Institute of Management Ahmedabad, Research and Publication Department.
  • Handle: RePEc:iim:iimawp:10018
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