Author name: J. Sai Deepak

In my posts on Section 107A(b), I had given the example of compulsory license under Section 84 of the Patents Act to further my interpretation of the provision. Subsequent to Prashant’s  brilliant question, I realized my example was not entirely accurate, although that doesn’t take away from the logic of the interpretation I seek to explore. That said, the posts containing the example have not been modified, so that the train of logic followed and the example are there for …

Clarification on Section 107A(b) Read More »

The interpretation of the phraseology of Section 107A(b) of the Patents Act, 1970 was undertaken in the last three posts. In this post, I intend to attempt to answer questions on what is the purpose served by the provision, because I’d like to cover as many bases as possible on this provision. More so, because a few comments to the first post (which the commentator appears to have retracted on his own) seemed to take the view that one is …

When Can One Raise the Defense “Under” Section 107A (b): Purposive Construction Read More »

In the last two posts, I took the view: 1. That Section 107A(b) does not refer to international exhaustion since it creates an exception from infringement for importation into India, of a good which is protected by a patent in India, from a  person who has been duly authorized to produce and sell or distribute the patented product in India.   2. This I did on the basis that “duly authorized under the law to produce and sell or distribute …

Section 107A(b): A Preliminary Summary of Thoughts On International Exhaustion Read More »

In the last post, I had attempted to make sense of Section 107A(b) from a legal standpoint without being coloured by any politico-economic arguments. This does not necessarily mean that one is blind to the concept of purposive construction; that said, the written word of the law must be given “due” respect before we decide to make arguments based on what we think the law ought to be. I say this because I noticed in the comments to the last …

Section 107A(b): Does It Really Endorse International Exhaustion?- II Read More »

In quite a few posts in the past, we have argued and counter-argued over and over again on the interpretation of Section 107A(b) of the Indian Patents Act, 1970. For those who wish to understand the issues, please refer to this interesting article by Mr. Basheer and Mrinalini Kochupillai, which features some of the points raised on the blog earlier. For the last 2 days (actually nights) now, I have been reading and re-reading Section 107A(b) to see if there’s …

Section 107A(b) of the Patents Act: Does it Really Endorse International Exhaustion? Read More »