Innovatech Pharma Pvt. Ltd., a registered Indian pharmaceutical company, was granted a patent in 2018 for its drug 'Painexol', used to treat chronic pain. In 2020, Innovatech developed an improved formula for Painexol th

CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2025
Innovatech Pharma Pvt. Ltd., a registered Indian pharmaceutical company, was granted a patent in 2018 for its drug 'Painexol', used to treat chronic pain. In 2020, Innovatech developed an improved formula for Painexol that reduced its side effects and filed a patent of addition for this improvement. By 2022, Elixir BioCare Ltd., a competing pharmaceutical company, approached the Controller of Patents seeking a compulsory licence to manufacture and distribute a generic version of Painexol in India. Meanwhile, Innovatech failed to pay the patent renewal fees for 2023, attributing the oversight to clerical errors during financial restructuring. In March 2024, Innovatech applied for the restoration of the lapsed patent. Elixir BioCare opposed this application, citing the delay and lack of bona fide intention and simultaneously began selling generic Painexol even before receiving a compulsory licence. In view of the above case, answer the following questions: State the legal remedies that Innovatech can seek if Elixir began selling generic Painexol before receiving a compulsory licence ?

Answer & Explanation:

Any unauthorized activity that violates the exclusive rights granted to a patentee such as making, using, selling, or importing the patented invention without consent constitutes patent infringement under Section 48 of the Patents Act, 1970. In such cases, the patent holder is entitled to initiate legal proceedings and seek remedies under Section 108, which include: Injunction: To restrain the infringer from continuing the infringing activity. Damages or Account of Profits: Compensation for losses suffered or recovery of profits earned by the infringer. Seizure or destruction of infringing goods: As part of enforcement orders.

Topics: Patents Act, 1970

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