The case Celem SA and others v. Alcon Electronics Pvt Ltd [2006] concerned jurisdictional issues relating to infringements of patents. The plaintiff company in the manufacture of components for the activities of electric induction heating market and held a European patent covering certain capacitors.
The defendant was an Indian company, also active in the manufacture of products for the market power induction heating. The plaintiffsvarious violations of their intellectual property rights in the United Kingdom by the defendant. They argued that the production of capacitors by certain defendants violated the patent in the United Kingdom. In addition, information provided by the applicant is entitled to numerous allegations concerning the importation and sale of counterfeit goods in the United Kingdom.
The applicants have been allowed to serve their procedures to the accused in India. The defendant is a requestthe jurisdiction of English courts in doubt. Consequently, two issues should be clarified:
- Whether attempting a serious problem, and
- If so, should the Court accept the right to exercise its discretion to jurisdiction.
The request is rejected.
In this case, the documentary evidence of the parties had been together a number of serious problems regarding the alleged violations to be tried inUnited Kingdom. In addition, since the Indian judicial aversion to a claim that seemed to keep trying to protect the intellectual property of the United Kingdom that the only forum in which plaintiffs were able to protect these rights are the English courts .
In these circumstances, it was decided that the court has not exercised its discretion to accept the right to justice.
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© RT Coopers, 2007. This briefing note provides are not a comprehensive or complete statement of the law on the issues under discussion and not legal advice. It will only address general questions. Specialist legal advice should always be sought in relation to the particular situation.
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