In continuation to the Bajaj-TVS Patent infringement dispute,
with respect to the launch of "FLAME", Bajaj moved to the
Supreme Court vide SLP No(s).13933/2009 against the decision of the
Division Bench of the Madras High Court that allowed the launch of
Flame in the market. The Division Bench of the Madras High Court
had reversed the earlier judgment of the Single Judge restraining
TVS from using the technology related to the patent in
The Supreme Court in its Order, allowing the appeal, furthered
the issue of notice which was taken on by the Counsels for TVS, in
addition to grant of a time frame of four weeks to Bajaj to file a
counter-affidavit and two-weeks time thereafter to TVS so as to
file a rejoinder affidavit. The learned senior counsel appearing on
behalf of TVS made a statement to the effect that no finished
product would leave the warehouse of TVS. The Court taking note of
this in the order also restrained the parties from using this order
for any other purposes, including publicity.
In this furtherance, it needs to be viewed as to what decision
the Supreme Court shall take in deciding upon the appeal when it
comes up for hearing forth them. The Order, while admitting the
appeal, taking note of TVS's undertaking and allowing
production to continue, seems to have towed a line, whereby the
lift of the injunction upon TVS by the Division Bench of the Madras
High Court is not reversed or overturned, but the effect of the
same has been limited.
This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
Department of Industrial Policy and Promotion recently issued an office memorandum pursuant to receiving representations from various stakeholders for guidance with respect to the applicability of the provisions of Section 31D of the Copyright Act, 1957.
An Invention Disclosure Form is the documentation of the invention. This is a means to document particulars of your invention and submitting it to the patent attorney who is filing your patent application.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
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