Tuesday, August 18, 2009

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TCS took my idea: IT pro

The Madras High Court dismissed applications seeking an interim injunction restraining Tata Consultancy Services from infringing the applicant’s copyright and patent in the invention ‘FLYGUARD’ under the title e-passport (Smartcard) and as TCS e-passport solution.

The applicant, S Paul Raj, a computer science graduate, said during his study, he identified several areas in daily life, which could be simplified with technological intervention. To avoid aircraft being hijacked, he invented the concept of a travel document, which would be the substratum for the traveler’s information.

He said he was the owner of the intellectual property in the patent regarding the invention in the written form of the project concept.

The company’s attempt to infringe the copyright and his patent should be prohibited.

In its counter, the company submitted the concept was bereft of any novelty. It was neither original nor new. Such a concept involved technologies that were already in public domain for a long time.

The applicant admittedly had not operationalised the so-called idea. There was no patent registration in his name.

In his order, Justice K Chandru said the applicant had neither made out any prima facie case nor the balance of convenience was in his favour for the grant of any interim order.

It was not the applicant’s claim that he had a patent for the invention. The company had established that the concept of e-passport through a s

mart card and the biometric concept of introducing chips containing details had already been in public domain for several years.

This fact coupled with the applicant’s request to the company to provide employment for him and his family would clearly show that he was not making any bona fide claim.

The applicant did not satisfy the ingredients for the grant of an interim order.

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