Can importation satisfy local working requirements?

Research output: Contribution to journalArticlepeer-review

Abstract

The Indian Intellectual Property Appellate Board (IPAB) in its decision in Bayer v. India (2013) held that ‘working’ of a patented invention is not necessarily restricted to local manufacturing within India and that in certain cases importation may constitute ‘working’. This article contends that IPAB conflated the ‘legitimate reasons’ defence for failure to work with the question of whether importation can satisfy local working requirements.
Original languageEnglish
Pages (from-to)278-284
JournalEuropean Intellectual Property Review
Volume37
Issue number5
Publication statusPublished - 30 Apr 2015

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