INFRINGEMENT OF
PATENT/COPYRIGHT
Dr. Suchita Bhovar
Infringement of patent
◦ Patent infringement is the commission of a prohibited act with respect to a patented invention
without permission from the patent holder.
◦ Permission may typically be granted in the form of a licence.
◦ Patent infringement occurs when another party makes, uses, or sells a patented item without
the permission of the patent holder.
◦ The patent holder may choose to sue the infringing party to stop his or her activities, as well as
to receive compensation for the unauthorized use.
◦ The patent holder must sue the unauthorized party in federal district court.
◦ Patent holder must bring infringement actions within six years from the date of infringement
◦ If the suit is not brought in this time limit, it is time-barred, ratifying the infringement.
Infringement of patent
◦ A patent holder can file a suit for infringement in the District Court or High Court.
◦ However where counter claims for revocation of the patent is made by the defendant, the suit
along with the counter-claims are transferred to the High Court for a decision on the validity
of the patent.
◦ Three years from the date of infringement. However, it is not necessary to send a notice of
infringement to the defendant before filing the suit for infringement.
Infringement of copyright
◦ Copyright infringement is the use of works protected by copyright law without permission,
infringing certain exclusive rights granted to the copyright holder, such as the right to
reproduce, distribute, display or perform the protected work, or to make derivative works.
◦ Example:
◦ Copy the work
◦ Issue copies it to the public
◦ Rent or lend it
◦ Perform or show it in public
◦ Communicate it to the public.
Action against Infringement
◦ Copyright owners will have to declare the person who infringes their copyright
in default and oblige them to respect the copyright.
◦ In civil jurisdictions, a public prosecutor can also investigate a claim and, in
the case of massive and systematic violation of copyright, has the option of
prosecuting the infringer directly.
Remedies against Infringement
◦ Three kinds of remedies against Infringement of copyright
1) Civil Remedies:- Injunction damages or account of profit, delivery of infringing copy and
damages for conversion.
2) Criminal Remedies:- Imprisonment of the accused or imposition of fine or both. Seizure of
infringing copies.
3) Administrative Remedies:- Administrative remedies consist of moving the Registrar of
copyrights to ban the import of infringing copies into India when the infringement is by
way of such importation and the delivery of the confiscated infringing copies to the owner
of the copyright and seeking the delivery.
THANK YOU
