Author name: Mathews P. George

Mathews is a graduate of National University of Juridical Sciences, Kolkata. He pursued LLM in 'IP and Competition Law' from the Munich Intellectual Property Law Centre (jointly run by Max Plank Institute for Innovation and Competition, University of Augsburg, Technical University of Munich and George Washington University, Washington).

Timelines under Rule 138 of Patent Rules are to be interpreted strictly and there cannot be any leeway under Rule 49.6 of PCT Regulations, says Delhi High Court

/ By / Others

In Humanity Life Extension LLC v. Union of India, the Delhi High Court refused to read Rule 49.6 of the Patents Cooperation Treaty Regulations (a provision that provides for condonation of delay by a period of one month with respect to the submission of national phase patent application) in the petitioner’s favour. The Controller of Patents had earlier declined to entertain the petitioner’s national phase application on the ground that it breached the statutory deadlines set out in the amended …

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High Court cannot sit in appeal under Section 91 of the TM Act against the administrative panel decision of WIPO, says Delhi High Court

/ By / Others

The Delhi High Court, by order dated 19 July 2023 in Ashwa Ghosh v Vizrt Ag and Others, held that the High Court cannot hear appeal under Section 91 of the Trademarks Act against the decision of the WIPO Administrative Panel. Section 91 provides for appeal to the High Court against the order or decision of the Registrar of Trademarks. In the given case, the High Court refused to invoke Section 91 on the ground that the Administrative Panel of …

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National Mission on Quantum Technologies and Applications (NM-QTA) – III

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In the first post, I introduced the National Mission on Quantum Technologies and Applications (NM-QTA). In the second post, I provided an overview of international quantum technology space. In this third and final post, I will offer high-level comments on the NM-QTA. If India aspires to capitalize on quantum technology, she should aim to position herself at the top of the quantum value chain. That, of course, entails some degree of competition. Countries, which manage to place themselves at the …

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National Mission on Quantum Technologies and Applications (NM-QTA) – II

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In the first post, I introduced the National Mission on Quantum Technologies and Applications (NM-QTA). In this second post, I shall provide an overview of international quantum technology space. An overview of international quantum technology space It is not possible to accurately rank countries in terms of their progress in the international quantum technology space. However, the general consensus is that the United States and China are at the forefront of quantum research. The below given overview is not exhaustive. …

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National Mission on Quantum Technologies and Applications (NM-QTA) – I

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In this tripartite series, I shall:             Introducing National Mission on Quantum Technologies and Applications (NM-QTA) What is quantum computing? I can only provide a layman’s take on quantum computing. I relied on the following videos for understanding this technology: here, here, here and here. Quantum computing, unlike classical computing, emulates the law of nature i.e. bases itself on the behaviour of subatomic particles (law of quantum mechanics). Subatomic particles have both wave and particle nature representing a spectrum of …

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Formation of a New Copyright Society in Cinematographic Films

/ By / Copyright

On 18 April 2023, the Central Government registered M/s Cinefil Producers Performance Limited as a copyright society under Section 33(3) of the Copyright Act, 1957 in the realm of cinematographic film works. It is a society formed by film producers and other owners. Comments It will be interesting to examine how the cinematographic film related copyright societies (including music related copyright societies) interact with each other especially in areas of converging interests. As to cite an instance of potential conflict …

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V. Prabhakar v. M/S. Saga Films: Madras High Court on Interim Injunction and Section 12A of Commercial Courts Act

/ By / Copyright

The Madras High Court, vide judgment dated 17 November 2022, held that the pre-institution mediation and settlement under Section 12A of the Commercial Courts Act is mandatory and rejected the plaint for injunction against the release of Tamil movie ‘Yugi’. Brief Facts The petitioner, V. Prabhakar, filed a plaint dated 16 November 2022 alleging that the movie ‘Yugi’ (which was to be released on 18 November 2022) infringed his copyright over the Malayalam movie ‘Dasharatham’ (released in 1989). The petitioner …

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Delhi High Court on “Fly Higher” in Frankfinn v. Vistara

/ By / Others, Trademark

In Frankfinn Aviation Service Private Limited v. Tata SIA Airlines, the Delhi High Court vacated the ex parte interim injunction (granted vide order dated 21 January 2022) where the High Court restrained Vistara from using “Fly Higher” in its advertisements, logos etc. In its order dated 28 October 2022, the High Court vacated the interim injunction on various grounds. I intend to confine the discussion to  the two fundamental grounds relied upon by the High Court. Vistara did not use …

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Kerala HC directs DPIIT to consider representation for issue of Compulsory License for Breast Cancer Drug

/ By / Patent

The Kerala High Court vide Order dated 14 June 2022 directed the Department for Promotion of Industry and Internal Trade (DPIIT) to consider the representation for issue of compulsory license for the drug Ribociclib. Background The writ petitioner is a breast cancer patient. She filed a writ petition in the High Court of Kerala arguing that the treatment costs Rs. 63,480/- per month out of which Ribociclib alone costs Rs. 58,140/- per month. According to the petitioner, Ribociclib is not …

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Delhi High Court on ‘Specified Value’ of IP suits under Commercial Courts Act

/ By / Others

Justice Pratibha Singh of the Delhi High Court, vide judgment dated 3 June 2022 in Vishal Pipes Limited v. Bhavya Pipe Industry, held that all the IPR disputes, irrespective of their valuations, should be listed before the commercial district court judges. If the subject-matter IP is valued below 3 lakhs rupees, the Court will examine whether the valuation is correct or not. If the valuation is found to be below 3 lakhs rupees, the suit will be treated as a …

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