Patent litigation in India has been rising with an increasing number of patent disputes between innovator companies and India’s generic drug industry. The approach of Indian courts in understanding and analysing complex patent infringement and validity issues has also gradually changed.
A plethora of Indian case laws have emerged in recent times, subject to debates and controversies. The problem concerning the jurisdiction of courts in entertaining a particular suit is often encountered in India.
Jurisdiction of courts
Indian patent law takes due cognisance of the jurisdiction of the courts. Section 104 of India’s Patents Act (1970) requires a suit for infringement to be filed in a court of first instance having jurisdiction to try the suit.
For filing a suit for infringement, the court of first instance in India is the district court. In India, there are 600 district courts. Apart from the above, four high courts – located at Delhi, Mumbai, Chennai and Kolkata – also can act as a court of first instance.
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Kanika Arora is an associate with the patents-science team at LexOrbis
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