Skip to content

Acts Which Do Not Amount To Infringement

Acts Which Do Not Amount To Infringement :

Besides exceptions stated above, there are also certain acts which do not amount to infringement under the Patents Act, 1970. These include:

(a) any act of making, constructing, using, selling or importing a patented invention solely for uses reasonably related to the development and submission of information required under any law in India or in any other country that regulates the making, constructing, using, selling or importing any product.

(b) Importation of patented products by any person from a person who is duly authorized under the law to produce and sell or distribute the product. [Section 107-A]

It is possible to import the patented products from the licensee of the patentee in any country with out the permission of the patentee. The purpose of parallel import is to check the abuse of patent rights and to control the price of patented product.

Leave a Reply