An International Guide to
Patent Case Management for Judges

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6.11.1 Lack of uniformity in decisions and specialized knowledge

Infringement cases are heard by judges of either the district courts or the High Courts not specially trained in the subject of patent law. A challenge that arises under the current regime of trial, especially before the district courts, is that the judges are not equipped to understand technical issues that arise in respect of patents. As the disputes arising under the Patents Act, 1970, are often highly technical in nature, a higher degree of understanding of the subject matter is required to ascertain a question of infringement or lack thereof.251 For this purpose, specific rules of procedure, including for leading and examination of evidence, are desirable.