Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)
File Caveat in Supreme Court
Contact Ph no: +9650499965

Main Categories
 Accident Law
 Animal Laws
 Arbitration
 Aviation Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Miscellaneous
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscription
Subscribe now and receive free articles and updates instantly.

Name
Email




Published : April 20, 2014 | Author : Umang Raj
Category : Intellectual Property | Total Views : 9994 | Rating :

  
Umang Raj
Bangalore Institute of Legal Studies
 

The case of Bajaj vs. TVS Motors involves the controversy regarding the unauthorized application of the patent of the DTSi. The case is very vital regarding not only the financial stakes of the parties but also regarding the application of the doctrine of pith and marrow also termed as Doctrine of Equivalents.

The case engages the questions of patent infringement by the defendant and the damages for the same. Furthermore, the case throws light upon the argument regarding justification of the risks issued by the defendant of the same case. This case was filed before the Madras High Court in 2007.The plaintiffs in (Bajaj Auto Ltd), along with the state of Maharashtra alleged the defendants (T.V.S. Motor Company Ltd.) of infringement of the patents of the plaintiffs, which apprehends the invention of the technology of advanced internal combustion engine.

The remedy sought by the plaintiffs is that of permanent injunction for obstructing the defendants from:
A. using the technology or invention prescribed in the patents of the plaintiffs; and

B. obstructing them from marketing, selling offering for sale or exporting 2/3 wheelers (including the proposed 125cc TVS FLAME motorcycle) that consists of the disputed internal combustion engine or product that infringes the patent. Damages for infringement of the patent were also claimed by the Plaintiffs.

The suit was under trail. The plaintiffs brought application before the same court seeking temporary injunction against the defendant for the same relief, which was sought in the suit for the permanent injunction. The application was filed for obstructing the infringement of the patent till the pendency of the suit. The defendants in the case filed a suit in the court for preventing the plaintiffs from issuing threats that the plaintiffs are infringing the defendants’ patent, through various intermediaries to and thus interfering with the launch of their product (TVS FLAME) by the plaintiffs. The suit was pending before the court. So, the defendants filed an application for preventing the defendants, till the suit is pending, from issuing threats and thereby interfering with the launch of their product under section 108 and 106 of the Patents Act, 1970.

The tests were evolved by the Supreme Court and the interim injunction was granted in favour of the applicant. The Supreme Court of India by this landmark judgment has directed all the courts in India for speedy trial and disposal of intellectual property related cases in the courts in India. In a nearly two-year-old dispute involving two companies, which have been locked in a patent dispute over the use of a twin-spark plug engine technology, the Supreme Court observed that suits relating to the matters of patents, trademarks and copyrights are pending for years and years and litigation is mainly fought between the parties about the temporary injunction. The Supreme Court directed that hearing in the intellectual property matters should proceed on day to day basis and the final judgment should be given normally within four months from the date of the filing of the suit. The Supreme Court further directed to all the courts and tribunals in the country to punctually and faithfully carry out the aforesaid orders.




1 2 3 4 5
Rate this article!     Poor
Excellent    

Most viewed articles in Intellectual Property category
Advertising
Bajaj Auto Limited
Copyright Societies
Trademark Infringement and Remedies
Plagiarism
Passing off under trademark
Infringement of trademark and what constitutes honest practice in relation to trade and bussiness
Trade Mark Law in India & Its Violation
Originality Under Copyright Law-Is There Any Definite Standard?
Patenting of Micro-Organisms in India: An Overview
Section 25 of The Trade Marks Act, 1999
Product Patent & Exclusive Marketing Rights
Indian Copyright Software
Competition Law and Intellectual Property Rights: Confronting Paradigms
Competition Law vis-a-vis IPR rights
Author's moral Right
Most recent articles in Intellectual Property category
Novelty under the Designs Act,2000
Major changes brought about by the Trademark Rules,2017
Semiconductor Integrated Circuit-Prevent Chip Pirates
Semi conductor integrated circuit lay out design protection
Patent for technological companies
International Commercial Arbitration
Trademark infringement and passing off Indian pharmaceutical industry
Protecting Tradition And Culture In India Development of A Sui Generis System
De Jure Mobile Applications under the IP Law
Sports and IPR
Protecting Tradition and Culture in India: Development of A Sui Generis System
The Effectiveness of the Remedies for Copyright Infringement
National IPR Policy 2016
Trademark Law in Music and Film Industry
Trademark Infringement and Passing off in the Indian Pharmaceutical Industry
Design Your Sound Make Your Sound A Mark

Article Comments

there are no comments...


Welcome!
Please login or register a new free account.

Random Pick
The POSCO Act is gender neutral Consent of the child is irrelevant in cases under the POSCO Act, The POSCO Act is only applicable to child survivors and adult offenders

Statistics
» Total Articles
1503
» Total Authors
4463
» Total Views
19329115
» Total categories
41

Law Forum


Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers

TOP

India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2017
 ISBN No: 978-81-928510-1-3