The Delhi High Court recently passed an ex parte injunction order in 3M Innovative Properties Company v Venus Safety and Health Pvt Ltd (December 2013). This post looks into three aspects of the order: the court’s reliance on the outdated ‘six year rule’, the infringement analysis adopted by the court and the ‘ex parte’ nature of the order. The ‘6 year’ rule in Indian patent jurisprudence refers to a rule created in 1965 by the Madras High Court which laid...
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