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The Delhi High Court Bolar Rule on the scope of the exception

        introduce

        The Delhi High Court said in a recent ruling:

        In the case of the plaintiff, India "1970 Annual patent act" The first 107A Article against the defendant's sale/When exporting patented products, The court must examine whether the plaintiff's concerns are justified;

        The sale of a patented product for profit does not cancel a party's reliance on No 107A Article claims the qualification of exception, As long as the product is ultimately used for research and development purposes.

        FACTS

        Merck & Co (plaintiff) Be regulated 209816 No (Hereafter called "IN 816" ) The owner of the patent, It involves the drug sitapliptin (Sitagliptin, Hereafter referred to as pharmaceuticals) The patent will be issued in 2022 years 7 Monthly maturity.

        The plaintiff seeks to target SMS Drug company (defendant) ban, He said the defendant violated him "IN 816" patent, The reasons are as follows:

        Reprinted from China Intellectual Property Network


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