What to do when a patent granted is infringed by some other party who for its corporate gains is using your products for a commercial purpose and hence giving you a competition in the market in a market in which you should have a monopoly.

The remedy for above problem is to file an Infringement suit. Here are the essentials which a corporate must keep in mind before proceeding for an Infringement suit.

1. Jurisdiction.

s 104 of the Indian patents act says that the suit of Infringement must be filed in a court not lower than district court. But where the defendant takes a plea or a counter claim of “Revocation of the Patent” then the district court looses its jurisdiction and the suit is transferred to the High court. It is most likely that the suit may be transferred to High court as the defenses available to defendant is that of Revocation of patent and in these circumstances he would most likely to claim revocation of patent. Therefore there is a most likely chance that the suit will be transferred to the High court.

2. S 104 A says about the burden of proof in infringement proceedings, It is on the defendant to prove that alleged invention was not infringed. As it is difficult to proove infringement than to disapprove it. That’s why this onus is on defendant.

3. Remedies from the court-: The court can give following remedies for an infringement proceedings-:

a) Temporary Injunction.

b) Permanent Injunction.

c) Monetary damages.

However to claim temporary injunction the plaintiff has to satisfy the court on 3 grounds.

1. There is a prima facie case of infringement-: This can be proved by the evidence generated by the plaintiff here ownership of patent does not establish that there is a prima facie case of infringement, the plaintiff has to show by evidence that how defendant are using their product.

2. Balance of convenience is in favor of plaintiff, by this the plaintiff must show that if defendants are using there product that will cause competition where the plaintiff was having a monopoly.The balance of convenience is easier to prove if the patent is 6 yrs older. However if a public interest is involved than the it would become difficult to prove balance of convenience.

3. That the damage of infringement would cause irreparable damage-: The plaintiff must show damages beyond monetary damages.Where a company is new to market with its innovative products such that infringement of its product would severely effect the growth of company or put survival of the company in question.

Infringement of patents is a complex issue, here expert opinion also plays a dominant role. It is more difficult to prove infringment of recent patents than that of older patents a strong infringement suit and carefully drafted claim is the key.

Patents are known for their inventiveness, novelty and non-obviousness. Patents when granted give its holder an exclusive sovereign right to have a monopoly over the patented product or a process.

A patent is granted only when an application for the patent is presented to the patent office and the patent office publishes the patent application in order to invite an opposition from various stakeholders. The application is open for any opposition after hearing the opposite party then only the Patent office decide either to give the patent or to reject the patent application. The opposition which may be filed before the grant of the patent is a pre grant opposition, which is filed under section 25(1) of the Indian Patent Act, 1970.

The grounds of patent opposition are mentioned below-:

  1. Patent claims were wrongfully obtained.
  2. That patent claims were published earlier.
  3. That the patent claim was already claimed.
  4. The specification was already known.
  5. That the information pertaining to patent claim is obvious.
  6. That the complete specification is not an invention within the meaning of the act.
  7. That the complete specification does not describe invention or method.
  8. That applicant failed to disclose the information by section 8 of the act.

The transfer of ownership of a vehicle is to be applied in the concerned zonal office where vehicle is already registered and following are the documents to be submitted:-

  1. Registration certificate in original
  2. Form no.29 duly filled in duplicate (attested one copy)
  3. Form no.30 duly filled in duplicate
  4. Attested copy of valid insurance certificate
  5. Attested copy of address proof of purchaser
  6. Attested copy of valid Pollution Under Control Certificate
  7. Prescribed fee along with penalty if the transfer of ownership not applied within 14 days from the date of purchase.
  8. Attested copy of PAN Card or Form 60 & 61(as applicable)

Note: Application should be submitted with in 14 days otherwise penalty of Rs 100/- per month will be charged

Note: Attested copy means photo copy attested by MLA/ Nigam Parshad/ Gazetted officer/ notary/ public.

 

 

We have laws for human beings which are quite popular area of legal practice, but above all the laws Mother Nature has its own laws and if we break those laws laid by the nature then in every probability we would get punished by the nature. The recent disaster at uttarakhand is an example that no human being is above the fury of nature and the punishment for crime against nature is disaster. But since the laws laid by nature are not codified neither there are any tribunals nor any trial, only there is punishment, so there is a sense of responsibility for the human beings to understand the nature and codify the natural laws into the Environmental laws so that the intervention of mother nature is prevented.

However the laws made by the humans are like double edged sword, on one side we need to conserve nature and on the other side we need sustainable development and to strike a balance between the two is the core of environmental laws.

In India the environmental laws needs to be strict as she is among the fastest growing economy in the world, There is a sense of obligation towards environment  as India is also one of the complex bio diversities among the world the challenge is to preserve the eco-sensitive areas.

We have as of now main acts which govern the environmental concerns  in India but still these laws are not so strict to stop the environmental degradation laws like Environmental Protection Act, Wild life protection act etc. have lost their teeth’s.

It is due to some of the environmental activists organization like WWF,PETA etc which are doing great job to protect environmental degradation but legally speaking the Indian Environmental Laws have become obsolete, there is a sense of implementing following things to make a sustainable growth.

1. Policy to implement the energy from renewable sources.

2. Stricter fine/punishment for environmental laws violation.

3. Stricter environmental clearance norms for eco sensitive areas such as Himalayas, Ganges, western and Eastern Ghats etc.

4. Checks to curb carbon emissions and stricter norms for new projects.

5. For citizens the promotion and development of public transport systems in major cities.

6.  Emphasis on interdependence than on independence.

7. Promotion of new technologies.

Recent Initiatives in the area of environmental laws.

Recently in year 2010 India became 3rd country having green tribunal  established under National Green Tribunal Act 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages

The number of cases handled by national green tribunal.

source WWF

Conclusion

If India wants to become a super power then we cannot take it for granted the environmental issues, The greed of the people must be curtailed by stricter norms to prevent natural disasters like that of uttarakhand which happened due to illegal mining, no regulation on hydel projects, Environmental degradation by tourism and infinite human greed.