The appropriate court for institution of a suit for infringement of patent is
Section 104 bars an infringement suit "in any court inferior to a district court having jurisdiction to try the suit", so it may be brought in a district court or in a High…
Choose your answer
The appropriate court for institution of a suit for infringement of patent is
Answer and explanation
Correct answer D
Section 104 bars an infringement suit "in any court inferior to a district court having jurisdiction to try the suit", so it may be brought in a district court or in a High Court with ordinary original civil jurisdiction; if a counter-claim for revocation is made, the suit is transferred to the High Court. The IPAB never had power to try infringement suits.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Patent Agent
-
CUET PG Law (LL.M.)
Subject revision