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The Chennai Motorcycle Race
An unseasonal Motorcycle race is on in Chennai. The two teams
are the TVS and the Bajaj. It is anybody’s guess as to who will
eventually win.
Bajaj Auto says it owns the twin plug engine technology. TVS
Motor Company is of the view that the use of twin spark plugs in
an engine of a small bore size cannot be an inventive step. The
case went to the Court.
The Madras High Court has restrained the TVS
from launching its much publicized 125 cc Flame motorcycle with
the twin spark plug engine technology. According to the Court,
Bajaj enjoyed the right of exclusive usage of the patented
technology. There is novelty, which means an invention and the
same has been registered under the Patents Act, says the Court.
According to Justice P Jothimani, novelty has been, on the face
of it proved by Bajaj by marketing the product in such large
extent and also without objection fairly for long. The Judge
took the view that when a petition for revocation of a patent,
already granted, is filed it cannot be said that the patent
validly granted should not be presumed to be suspicious.
The issues involved are complex. Naturally,
these cannot be resolved at the preliminary stage of the trial.
Incidentally, TVS has used a third valve in its engine. The
question is whether this has any material impact. Bajaj says it
has no impact whatsoever.
Another substantial issue is that Bajaj
applied for the patent in 2002, whereas TVS has sought its
revocation only in 2007. The present suit was filed by Bajaj.
What are the options before TVS now? They
would naturally go on appeal challenging this order. The Supreme
Court will have the final say. Secondly, TVS may have an
alternate engine ready for the Flame. Or, they may as well drop
the project, which has become much more than a spark.
H Ramakrishnan
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