Book Description

It is a casebook on patent law that involves comparative jurisprudence tailored for India. The book is best described by highlighting the following features: (1) Casebook format - The casebook format suits practitioners and judges. It allows the reader to independently interpret and assess the implication of each caselaw, which forms a vital component of the practice of law. The reader is assisted towards this objective by only containing extracts of the relevant portions of the judgment. Even from an academic perspective, it provides an unfiltered view of the law, better than any unnecessary prose. (2) Comparative approach - For each topic of patent law, the book would provide a single point congregation of the relevant Indian provisions and extracts from relevant caselaw across India, the UK, the EU and the USA. This approach is ideal for India, where jurisprudence on the subject is limited. Courts, practitioners, and the Patent Office often resort to such a comparative approach to learn from the experiences of other jurisdictions. (3) Notes - Author's notes before and after each caselaw or topic fulfil four purposes: (i) set the context for the reader; (ii) critique the caselaw or to bring focus on to issues that arise in practice; (iii) contextualize the discussion to the Indian statute; and (iv) examine the historical perspective, including the legislative history. (4) Focus on law - it is a no-nonsense, no-rhetoric book, focussing on the law, its interpretation and application.