A BRIEF ANALYSIS OF BAJAJ AUTO LTD. V. T.V.S. MOTOR COMPANY LTD. CASE ((2008) ILLJ 726 Mad)
Anoop Kumar, NALSAR University of Law
Abstract
The DTSi technology used by the plaintiff in the present case, i.e. Bajaj Auto has been a breakthrough invention by the plaintiff. For the same it has obtained patent. It is widely used by the motorbike Pulsar by the Plaintiff, who is a well known manufacturer and producer of two wheelers and three-wheelers in India. The facts of the present case are centred around the controversy of unauthorized application of the DTSi technology. The essence of this case lies in the application of the Doctrine of Equivalents, which is also termed as the doctrine of pith and marrow.
Keywords: patent law, injunction, DTSi, equivalents, pith and marrow, defence of varian
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