The requirement of an expert opinion, in Patent cases, is called upon under Section 45 of the Indian Evidence Act and Section 115 of the Patent Act, 1970 when the court finds that an opinion of a third person is… Continue Reading
This post is in continuation of my previous post here, wherein I mentioned certain considerations to be kept in mind when taking criminal recourse to an IP infringement. As far as my knowledge goes, neither civil action nor criminal action,… Continue Reading
Most of the IP infringement cases are settled out of court with the use of various alternate dispute resolution mechanisms, because in majority of the cases the infringer either agrees to license the IP or pay royalty, either way a… Continue Reading
This is the first post in a series of posts explaining and illustrating the basics and know-how of IP litigation in general.
Let’s assume that an individual named ‘Z’ has been arrested – after successful raid by Police officials (under Section 64 of the Copyright Act, 1957) – for allegedly reproducing and selling infringing copies of books of a person named ‘X’,… Continue Reading