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Patent infringement - Coggle Diagram

- - - - Patented invention (medicine or drug) can be imported by govt for own use or distribution to hospitals notified by official Gazette
  - - - Act will not be an infringement if the invention is a part of foreign vessel / craft / land vehicle which come to india temporarily
  - - - use of patented invention for research or experimentation
      - use of patented invention for teaching the students
  - - - Patented invention may be used , constructed , made , sold or imported for reason solely for development and submission of of information to regulatory board
        
        Generic companies use the patented invention to produce generic versions
  - - - Patented product may be imported or made by or on behalf of the government
      - Patented process may be used or made by or on behalf of the government
  - - - Person duly Authorised can import
        
        Parallel imports
        
        Case 1
        
        Example
        
        without taking Company A ( the patentee) permission beoz Comp B is duly authorised under the law of thailand to produce , sell , distribute the product
        
        Any foreign country (say thailand) has provided patent protection to a company A but has issued compulsory license to company B in Thailand, inthis case any indian can import the products to india from Company B
        
        Case 2
        
        One might also infer that incase the patentee ( say Roche) has licensed the product to some other company ( say hetero) ,in another company (say Canada) then the indian Company (Say Cipla) can purchase the product from Hetero and import it to india with the permission from Roche as Hetero is Authorised under the law to manufacture , sell and distribute the product
        
        Case 3
        
        Indian Company say Cipla , dr Reddys , ranbaxy cannot manufacture a product becoz it is patented in India then they can open up manufacturing in Bangladesh or Nepal to produce the product
        
        highly debatable
  - - - Patentee will be paid adequate amount
      - An invention can be used after patent application or grant , by central govt or any person authorised by central govt
- - - - Patentee has the right to exclude third party from making , importing , using ,offering for sale, or selling the invention