DWARKA, NEW DELHI – Abu-Ghazaleh Intellectual Property (AGIP) India participated in a meeting on November 18, 2008 organized by the Indian Patent office with members of Swiss Federal Institute of Intellectual Property, Bern. The meeting, which was attended by the Head of Economic & Commercial Section of the Swiss Embassy, served as a vehicle for the delegation to interact on the latest developments on IPRs in India.
Issues highlighted in the meeting included whether importation could be termed as working of patent in India, as Form 27 does not specify it, and temporary injunction in patent infringement cases; AGIP India made a contribution on both issues.
Chief Negotiator IP of Switzerland and Deputy Head of Swiss Federal Institute of Intellectual Property Dr. Felix Addor pointed out that TRIPS allows importation as working of the patent.
With regards to temporary injunction in patent infringement cases, AGIP drew attention to a recent case decided by the Indian Supreme Court Hoffman La Roche v. CIPLA, AIR, 2008, in which the court did not allow relief of temporary injunction to La Roche, citing eBay v. eMerck, 2006 case in which the US Supreme Court overruled a federal circuit ruling which allowed temporary injunction. The court held that unless the parties show – prima facie case, balance of convenience, irreparable injury and public interest – relief of temporary injunction could not be allowed. Temporary injunctions are different in patents from ordinary cases because patents are not automatically held valid after the grant, particularly when the defendant has opposed the grant.