Sir, I did not find any explanation of parallel imports in this episode, could you please brief about parallel import. As well as I guess Bolar provisions comes under $ 107A(a) and exhaust of patent rights comes under 107A(b). Please correct me if i am wrong.Thank you
Hello sir, you have provided a scenario for " bolar exemption". I think the question you have asked is "Can the manufacturer who is enabling the R and D for the purpose of Development and submission of information, also take cover under "Bolar Provision"... So I think "yes". But I request you to please EXPLAIN IT, & HELP ME in this particular scenario.
The answer is subjective in this case, we don't know what is the true intent of the manufacturer, is it doing the business (making profits) with "enabling" as the excuse. More like a yes and no kind of topic based on the information available with us.
Hello sir, In the middle of the episode u asked about a scenario where an X company is selling the patented drug to many generic companies and makes profit out of it without the notice of the patentee. Though the generic manufacturer is using it for R&D. Wont it be an INFRINGEMENT ACT committed by the x company? Keeping the generic company aside coz they are anyway using it for their R&D purposes and no profits made from the market yet.
The answer is subjective in this case, we don't know what is the true intent of the manufacturer, is it doing the business (making profits) with "enabling" as the excuse. More like a yes and no kind of topic based on the information available with us.
The generic company should only buy from the patentee or the other manufacturer with the consent of patentee... Other wise it should be infringement. Please clear sir.
Hello, consider an example where person A is authorised to make/use/distribute the patent product - Person B is buying the product from person A and importing the products in India. Under such a situation, the patentee can't impose the restrictions. This provision allows the purchaser of a patented product to sell, lease, or otherwise dispose of that product without the patent owner's permission after the initial sale. This means that the patent owner's rights to control further sales or use of the product are "exhausted" or terminated upon the first sale.
Hello Sir I follow your video,can you help me out in one of our latest re article.We have published one res article ,but it was already patented.We have cited this patent in our article too.Since we are not claiming any commercial use of the patent,can we in problem of court case?😊
Just so that I am clear on what is scenario - re article means research article right? Since its a publication, the only problem you can face is that of plagiarism, if you have given appropriate citation/credit to the original authors (patents) - you should be okay. People don’t go to courts for publications 😅
Thanks Sir for your response Plagiarism is not there but the patent holder asking us to withdraw the research article.He said that he may send us legal notice,can he?
@@amarjitsingh3695 Since, I don't know the details of your article and the reason for their objection - I can't provide any opinion. Also, it is wise to engage with lawyers to get proper opinion.
Your approach is simply OUTSTANDING. Thank you so much Sir...🙏
Very insightful and crisp information of section..the way it is explained becomes very easy to understand the concept. Thank you
So nice of you
Thank your sir for your such a nice explanatory video on Indian patent act.
Sir, I did not find any explanation of parallel imports in this episode, could you please brief about parallel import. As well as I guess Bolar provisions comes under $ 107A(a) and exhaust of patent rights comes under 107A(b). Please correct me if i am wrong.Thank you
Your explanation is so simple that i have an addiction of it. Some time to find simple is most difficulty thing in world. Great explanation
Excellent explanation 👌👌
thank you for leaving a response :)
Hello sir, you have provided a scenario for " bolar exemption". I think the question you have asked is "Can the manufacturer who is enabling the R and D for the purpose of Development and submission of information, also take cover under "Bolar Provision"... So I think "yes". But I request you to please EXPLAIN IT, & HELP ME in this particular scenario.
The answer is subjective in this case, we don't know what is the true intent of the manufacturer, is it doing the business (making profits) with "enabling" as the excuse. More like a yes and no kind of topic based on the information available with us.
Thank you sir.
Hello sir,
In the middle of the episode u asked about a scenario where an X company is selling the patented drug to many generic companies and makes profit out of it without the notice of the patentee. Though the generic manufacturer is using it for R&D.
Wont it be an INFRINGEMENT ACT committed by the x company? Keeping the generic company aside coz they are anyway using it for their R&D purposes and no profits made from the market yet.
The answer is subjective in this case, we don't know what is the true intent of the manufacturer, is it doing the business (making profits) with "enabling" as the excuse. More like a yes and no kind of topic based on the information available with us.
The generic company should only buy from the patentee or the other manufacturer with the consent of patentee... Other wise it should be infringement. Please clear sir.
Sir 107b is not clear. That imported product has a patent in India or other country. pls clarify
Hello, consider an example where person A is authorised to make/use/distribute the patent product - Person B is buying the product from person A and importing the products in India. Under such a situation, the patentee can't impose the restrictions.
This provision allows the purchaser of a patented product to sell, lease, or otherwise dispose of that product without the patent owner's permission after the initial sale. This means that the patent owner's rights to control further sales or use of the product are "exhausted" or terminated upon the first sale.
I would like to request you to make a video on PCT filing process.
You may visit types of patent application video to get information on PCT filing. Having said that, I will try to make an episode.
Hello Sir
I follow your video,can you help me out in one of our latest re article.We have published one res article ,but it was already patented.We have cited this patent in our article too.Since we are not claiming any commercial use of the patent,can we in problem of court case?😊
Just so that I am clear on what is scenario - re article means research article right? Since its a publication, the only problem you can face is that of plagiarism, if you have given appropriate citation/credit to the original authors (patents) - you should be okay. People don’t go to courts for publications 😅
Thanks Sir for your response
Plagiarism is not there but the patent holder asking us to withdraw the research article.He said that he may send us legal notice,can he?
@@amarjitsingh3695 Since, I don't know the details of your article and the reason for their objection - I can't provide any opinion. Also, it is wise to engage with lawyers to get proper opinion.
Nice