Interim injunctions in India: the Roche-Cipla saga
June 06, 2009 | BY
clpstaff &clp articlesManisha Singh [email protected] OrbisAs patent litigation witnesses a rise in Indian courts, the grant of an interim injunction at the beginning…
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Manisha Singh Nair
Lex Orbis
As patent litigation witnesses a rise in Indian courts, the grant of an interim injunction at the beginning of the trial entails utmost importance. An interim injunction is passed under Order XXXIX Rule 1 & 2 of the Civil Procedure Code 1908, and remains in force until the trial of the main case concludes.
The role of an interim injunction is particularly prominent in intellectual property litigation since it prevents continued violation of the rights claimed in the