New Delhi: The Supreme Court on Monday posted a
dispute between Chennai-based two-wheeler company TVS Motor
Company and Bajaj Auto over rights to twin-spark plugs
technology to September 15 for final disposal.
It continued its earlier interim order of June 8 that
allowed TVS Motor to manufacture TVS Flame, a 125-cc bike
sporting twin-spark plugs, the technology for which Bajaj Auto
claims it holds the patent rights.
However, it did not permit TVS to move its "finished
product (motorcycle) from its warehouse" as the company
had given an undertaking in this regard.
The Bench had earlier issued notice to the Chennai
company and allowed it to manufacture TVS Flame, but said that
"no finished product would leave the respondent's (TVS)
warehouse".
"Both parties are restrained from using this order for
any other purposes including publicity," the Bench stated.
The order came on a petition filed by Bajaj Auto Ltd
challenging the Madras High Court's ruling that permitted the
Chennai-based two-wheeler company to use twin-spark plugs in
its motorcycles.
The single Bench of the High Court had earlier restrained
TVS from manufacturing, marketing and selling its 125cc
motorcycle TVS Flame after Bajaj Auto alleged that the bike
used twin spark plugs for combustion, which is its patented
technology.
Bajaj had alleged that its patent on twin spark plug
engines had been infringed by its arch-rival TVS.
The Bajaj side said that it is the grantee of the Indian
patent in respect of its invention titled "An improved
internal combustion engine working on four stroke principle"
since July 16, 2002.
However, TVS said that the company should be allowed to
manufacture the product as it is willing to give an
undertaking that during the interim period its finished
products would not leave its warehouse.
Bureau Report
First Published: Monday, August 31, 2009, 21:44