Abstract

The case of Bajaj vs. TVS Motors involves the controversy regarding the unauthorized application of the patent of the DTSi. The case is very crucial regarding not only the financial stakes of the parties but also regarding the application of the doctrine of pith and marrow. The paper deals with the case study of the same, involving the facts, contentions, judgment and its analysis.This is one of the few patent cases in India that have been decided keeping in view the Doctrine of Equivalents, which is also termed as the doctrine of pith and marrow. Above all, the principles involved in arriving at the decision is also crucial.

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