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TVS Allowed to Manufacture Flame But Restricted to Sell
The Supreme Court of India has allowed TVS Motor Company to manufacture TVS Flame, 125-cc bike with twin-spark plug technology. However, it has restricted TVS motors from moving the finished goods from the warehouse. "No finished product would leave the respondent's [TVS] warehouse" stated the notice issued by a Bench headed by Justice B Sudershan Reddy. "Both parties are restrained from using this order for any other purposes including publicity," the notice stated further. The next hearing of the court order is scheduled in first week of August 2009.
Bajaj holds the patent for twin-spark technology and alleged that TVS used the same technology in its model Flame 125cc. Earlier, the High Court in Chennai passed a judgement that TVS Motors was allowed to sell TVS Flame, as Bajaj had not made a good case of infringement of the patent.
Bajaj Auto had thereafter moved the Supreme Court arguing that the high court had relied on a blog by an IIT Student to decide such a controversial and sensitive issue. It also complained that although the High Court felt the questions were “triable”, it did not go into the balance of convenience on both sides.
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Comments on this article
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This twin plug story is a confusing one ? You can manufacture it but can't sell it ??? Petrol engines have had twin plugs for over 90 + years. Aircraft engine were the first ones to make them mandatory for safety reasons from the early days of flying. Racing Motor Cycles have featured twin plugs for a long time too Else where twin plugs have been std fitting ! The confusing part is " what is so New in this Day & Age " that they are fighting over twin plugs when there are over 100 + Patents on twin or more plugs since 1910's. More over there is nothing as small or big or Large when you define an invention at the patent office ! The 3 valve twin plugs concept have also been there for over 30 years in Production ? Alpha Romeo and M Benz still feature them. The best part is ~ Neither of the company's display their patent no's that they are fighting over in the Indian Courts. It gives me the impression ~ Both the companies are trying to get the attention of the public on the pretext of having ground breaking technologies as a sales gimmick over others ! The only advantage i see is you can get back home with out a " miss fire " on a single plug ! Racing Jawa / CZ motorcycles featured twin plugs since the 1940's ! All that has changed is ~ Plugs of a smaller thread size are available today to enable placement of twin or more plugs in compact combustion chambers !
SS Somender Singh (June 10, 2009)
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We have given our Brains to the Judges to decide something one can do it easily.
What is the great funda of Bajaj Auto restricting the 2 spark plug technology. One cannot go for a patent for the Otto principle. It is a design ingenuity of putting two plugs to fire the combustion. What is wrong if we have four plugs firing? I think the Patent law on these have to be reconsidered and not restricted to one person. Dr P C Rao (June 09, 2009)
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