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| Madras HC allows TVS to use Bajaj's patented tech |
| T E Narsimhan & Swaraj Baggonkar / Chennai/Mumbai May 19, 2009, 00:45 IST |
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The Madras High Court today set aside its earlier order restraining country’s third largest two-wheeler manufacturer TVS Motors from manufacturing and marketing vehicles with twin spark technology.
The bench consisting of acting Chief Justice of Madras High Court S J Mukhopadhyaya and Justice Ibrahim Kalifula today set aside the earlier order according to which TVS Motors was restrained from using the twin spark technology, which was patented by Pune-based, India's second largest two wheeler manufacturer Bajaj Auto.
Today’s judgment will now allow TVS Motors to use and market the disputed technology in its products. Bajaj has been using the twin spark technology in all of its 10 models. It first deployed that technology in the Pulsar range more than five years ago.
A senior TVS Motors officials confirmed the Madras High Court's ruling of today.
“The court has ruled that we have not infringed on anyone’s technology and we are happy with the verdict. The written copy of the verdict will be shared by the court tomorrow. The case has been going on for the past one year when TVS Motors had appealed against the order before a division bench of the Madras High Court,” said the official.
When contacted by Business Standard, Ravi Kumar, VP (business development), Bajaj Auto said, “We have not yet received a copy of the judgement. It is expected tomorrow. We will be able to discuss our future course of action only after going through the copy.”
It may be recalled in February last year the Madras High Court restrained TVS Motor Company from manufacturing, marketing and selling its 125 cc motorcycle TVS Flame after Bajaj Auto allege that bike used twin spark plugs to run the engine, a patented technology of Bajaj Auto.
The order came after a petition was filed by Bajaj Auto seeking to restrain TVS from manufacturing and selling TVS Flame, Justice P Jothimani granted the stay order.
The Judge also dismissed the petition filed by TVS to restrain Bajaj from interfering with the manufacture and sale of its new motorcycle.
Originally, TVS Motor Company filed a petition seeking to restrain Bajaj Auto from issuing groundless threats to it and also sued the latter for Rs 250-crore damage. In December 2007, based on the Bajaj Auto petition, a single judge of the Madras High Court directed maintenance of status quo on bookings for the new bike.
However, on an appeal from TVS Motor again, a division bench had stayed the single judge’s order and allowed TVS Motor to go ahead with the production and selling of Flame.
Against this, Bajaj filed a special leave petition before the Supreme Court in January 2008 for a stay on sale of Flame directed the single judge of the Madras HC to hear the case. Accordingly, the petition was posted for hearing.
During the hearing TVS Motor has told the court that the vehicle is protected by a licence granted by a registered patent holder viz by an Austrian company called AVL List GmbH, globally known for the developing engines.
TVS further applied to the IPAB for revocation of the patent existing in the name of Bajaj. TVS claims that its bike is a new version based on its own innovation and does not in anyway relate to any bike produced by Bajaj Auto.
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