Abstract
This article is a study of the role of the judiciary in patent protection in India. It begins with a theoretical exploration of the role of the judicial organ in any democratic society. It explains how the judiciary is not merely the arbiter of disputes but is also instrumental in delivering justice through determining and clarifying the status of law. The article then demonstrates the active nature of the Indian judiciary in patent protection through an examination of case law on the nature of patents and the legal consequences of infringement. The article moves to a brief survey of the landscape of patent law in India in the post-WTO era and concludes with the observation that the judiciary today faces new challenges in the wake of new international obligations, which only enhance its responsibility towards the law and justice.
Recommended Citation
Naolekar, P.P.
(2008)
"Judicial Activism & Patent Law,"
National Law School of India Review: Vol. 20:
Iss.
2, Article 1.
Available at:
https://repository.nls.ac.in/nlsir/vol20/iss2/1
