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[The Viewpoint] Infringement never kosher: A closer look into the evolution of patent law in India

The matter pertained to patent IN214088 (hereinafter referred to as 088) owned by SOTEFIN SA (the plaintiff) covering a self-propelled carriage on wheels, for horizontal transfer of motor vehicles by lifting two or more wheels, in single or multi automatic mechanical car parks, known as ‘Silomat Dolly’. Sotefin asserted its right against four defendants.

Indraprastha Cancer Society & Research Centre (ICSRC) is a not-for-profit public society and operates/manages Rajiv Gandhi Cancer Institute and Research Centre (RGCIRC). Simplex Projects Limited had a supply contract agreement with the plaintiff for Silomat Dollies.

RGCIRC floated a tender in 2017 for an automatic car parking system for its site at Rohini, Delhi. Sotefin approached RGCIRC and also made it aware of the suit patent. In November 2020, Sotefin learnt that one Simpark Infrastructure Private Limited (SIPL) is handling the parking project at RGCIRC’s site. Simplex Projects Limited is the largest shareholder of SIPL and controls its operations and management. On investigation, it was found that ICSRC had placed an order for import of 14 Smart Dollies from a Chinese company, Nanjing Eli Parking Equipment Manufacturing.

Sotefin alleged that the Smart Dollies infringed its patent 088 and was granted injunction by the Delhi High Court on February 17, 2022.

Source: Barandbench

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