Mathews P. George

Mathews P. George

Mathews is a graduate of National University of Juridical Sciences, Kolkata. His interest in intellectual property was kindled when he bagged the second position in his very second year in the prestigious Nani Palkhiwala Essay Competition on intellectual property. Winner of almost a dozen essay competitions in his law school days, he was involved in various research and policy initiatives relating to intellectual property. His stint as a student of Prof. Shamnad Basheer further accentuated his interest in intellectual property. Presently, he is associated with Ninan & Mathew Advocates, Cochin, a leading law firm in Kerala.

Competition Law

CCI Order on Pharma Major Roche – I


Brief background The Competition Commission of India (“CCI”) ordered detailed investigation against Pharma major Roche and its two group firms for alleged anti-Competition Law modus operandi with respect to the cancer drug, Trastuzumab. The regulator’s decision was delivered on information filed by pharmaceutical companies Biocon Limited, Informant No.1 (“IP-1”) and Mylan Pharmaceuticals Private Limited, Informant No. 2 (“IP-2”) wherein they, broadly speaking, alleged violation of Section 4(2) of Competition Act, 2002 (“Abuse of dominant position”). CCI concluded that there is…


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Competition Law

SpicyIP Tidbit: CCI Orders Investigation Against Pharma Major Roche


The Competition Commission of India, based on a positive prima facie determination on contravention of Section 4(2)(c) of the Competition Act, ordered investigation against pharma major Roche with respect to the cancer drug, Trastuzumab. The complaint was filed by Biocon and Mylan Pharmaceuticals. I shall be carrying a detailed analysis shortly. [Section 4. Abuse of Dominant position (1) No enterprise or group shall abuse its dominant position.] (2) There shall be an abuse of dominant position 4 [under sub-section (1),…


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Copyright

“Mann Ki Baat” and Censor Board of Film Certification


It is reported that the Censor Board of Film Certification (“CBFC”), headed by Pahlaj Nihalani, had asked Dakxin Chhara to scrap the phrase ‘Mann Ki Baat’ from a dialogue in his upcoming thriller titled “Sameer”. Apparently, the sole reason was it being the title of Prime Minister Modi’s monthly radio programme to the nation. I am unable to confirm the veracity of this report. Assuming the veracity of this report, I would like to examine the legality of this fact situation….


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Copyright Others

The ‘Artist’ who Traversed through Unchartered Territories of Law


The controversial artist, J.S.G Boggs, who ‘literally’ made money, passed away recently.  [For news reports, see here, here and here]. Mr. Boggs is said to have painstakingly reproduced British pounds, Swiss francs and American dollars, with quirky deviations. Initially, he created notes one by one, which was a time-consuming process. Later, he ran off limited-edition prints. The interesting modus operandi was as follows: He presented his currency to merchants as payment for goods and services. If the bills were accepted,…


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Trademark

Delhi High Court on Trans-Border Reputation in Trademark Law


The Delhi High Court, in its judgment in Prius Auto Industries Ltd & Ors. v. Toyota Jidosha Kabushiki, inter alia considered the aspect of trans-border reputation in fairly well-detailed terms.  Both the parties were represented by leading IP practitioners. The judgment is significant for practitioners in understanding the strategy adopted, the kind of evidence submitted before the Court and finally, Court’s approach towards the same. [Note: This post shall deal only with the aspect of trans-border reputation.] Facts Toyota used…


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Trademark

‘Tata’ is a well-known mark, reaffirms Delhi HC judgment in Tata Sons Limited v. Ram Niwas & Ors


The Plaintiff filed the present suit inter alia seeking a decree of permanent injunction restraining the Defendants from directly or indirectly dealing in the business of providing transport; packaging and storage of goods; travel arrangement, packaging / moving services under the domain name www.tatapackers.com and/or using any trademark/ description/name/device bearing the trademark TATA or any other mark which is deceptively similar to the Plaintiff’s trademark TATA. [The judgment is available here] It is contended that the Plaintiff has been continuously using…


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Copyright

Interim Order in Zee Entertainment Enterprises Ltd. v. Saregama India Ltd.


The Plaintiff filed the suit before the Delhi High Court for restraining the Defendant from infringing the copyright of the Plaintiff in the soundtrack and audio visuals (over the music of 29 cinematograph films). The Plaintiff contended that the claims of the Defendant arise from assignment in the year 1981. Citing Section 18(1) of the Copyright Act, it was contended that this assignment cannot vest in the Defendant the right of exploitation of the copyright in the medium or mode…


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Trademark

A Brief Note on Kar HC Judgment in M/s. Avighna Coffee Private Limited v. M/s. Cothas Coffee Co.


The Karnataka High Court judgment lays down some significant pointers in trademark law which are helpful for practitioners: firstly, on lifting the corporate veil and secondly, for re-affirming the clean hands doctrine. Further, it is an interesting read as the judgment delivered by Justice P. S. Dineshkumar is well-structured and concise. This note shall deal with the prominent arguments of both the parties and the corresponding determination of the High Court. As trademark practitioners are well aware of, there are…


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Copyright

A Critique of DU Photocopy Judgment – II


The Delhi High Court judgment, unfortunately, doesn’t appreciate the aforesaid jurisprudential nuances. Practically speaking, the Delhi High Court judgment, though technically confined to the territorial limits of Delhi, has weakened the publishers in any future bargain. It doesn’t treat Section 52(1)(i) as a limited exception but as a determining, controlling norm in the name of ‘access to education’. As to the extent it treats Section 52(1)(i) as a controlling norm, it has gone beyond the existing jurisprudence on exceptions to…


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Copyright

A Critique of DU Photocopy Judgment – I


 I co-authored an article in Livelaw wherein the Delhi High Court judgment in DU photocopy case was critiqued. I am re-publishing the article in two parts. As a prelude, I would like to make some observations. I would like to pay tributes to late Justice Antonia Scalia of US Supreme Court whom I consider to be one among the most influential jurists of all time. He passed away on 13 February 2016. As a country with common law tradition, Indian…


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