Surabhi, PhD Scholar, Damodaram Sanjivayya National Law University, Visakhapatnam
ABSTRACT
The purpose of the paper is to highlight the different options available under the patent laws to oppose a patent which tends to raise multiplicity of the proceedings before different forum of adjudication. The paper also illuminates how harmonious construction of the Apex Court of the Country in Aloys Woben Vs. Yogesh Mehra has stopped the concept of forum shopping in patent laws. Further, the paper shows how the options available to an adverse party to oppose a patent have limited their selves after the judgment of Aloys Woben Vs. Yogesh Mehra. The paper also highlights the impact of the judgment on the other branches of law in light of a judgement by National Company Law Tribunal. Last but not the least, the thesis also elucidates the reader about the impact of the judgment on patent law qua suits for infringements before Delhi High Court and the inevitable situations which suggests the latches in the judgment or the conditions which may arise while following the judgment in stringent sense. The conclusion of the thesis suggests a path following which the situations which may or likely to be arise can be taken care of.
