In a major judgement, the Madras High Court on Saturday issued an order for TVS Motor Company to check the booking, selling and manufacturing of those two wheelers in which company has used ‘two spark plugs with screw fitted sleeve and three valves’ technology with the quick effect citing that ‘this technology was under the patent of Bajaj Auto Limited’.
This is the first time in Indian history, when two Indian companies are contending over the Patent ownership since the latest amended Patent Act, 2002 that existed in May 2003.
According to TVS, it has used this technology in its forthcoming model ‘Flame’ while on the other hand Bajaj claims that ‘it is its technological property and since long time Bajaj is using this technology’. Bajaj has been using this technology in its four models ‘Pulsar’, ‘XCD’, ‘Discover’ and ‘Avenger’ by the name of DTSi (Digital Twin Spark ignition), which has two igniters instead of one for better fuel efficiency.
Justice P. Jyothimani, who was hearing the case granted the decision in the favour of Bajaj by providing interim injunction to TVS Motors from fresh booking of ‘Flame’ as well as from manufacturing, marketing, exporting and offering for sell from today (Saturday). However, Court has granted the permission of selling the already booked product.
Hammering a double knock over TVS, HC has also rejected the case filed by TVS over Bajaj for asking the compensation money of Rs. 1 crore for violating its patent right.
Citing the decision, Justice Jyothimani said that TVS Motor Company had not objected to the product of the applicant ever since the year the patent application was made in 2002, while Bajaj Auto had filed a revocation petition before the Intellectual Property Appellate Board for granting the patent to Bajaj Auto on August 24, 2007.
It was also significant to note that immediately within six days from the date of filing of the revocation petition, TVS Motor Company had chosen to introduce its 125 cc products named ‘Flame’ cited the judge. So, seeing the overall case, the patent right of DTSi technology for Bajaj was valid for 20 years, said judge. Bajaj could be able to get the patent right from appetite court for the 20years duration.
On the other hand, TVS has said to go to the upper court against this decision.
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