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.

Patent

SpicyIP Tidbit: Novartis Pursues Aggressive Patent Strategy with Respect to Drug Vildagliptin

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According to Times of India, Novartis obtained favourable court orders restraining five Ahmedabad-based pharma companies from manufacturing its patented drug for diabetes, Vildagliptin. Further, citing validity of its patent till 09 December 2019, Novartis moved the commercial court in Vadodara to ensure that four other companies do not get into production of the drug. It is reported that Novartis approached the Court after obtaining the requisite information from the State Government.


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Trademark

P&G Wins Trademark Case Against Jamia Remedies

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As per Livemint, the Bombay high court restrained UP-based Unani medicine company Jamia Remedies from manufacturing and selling its mouth dusting powder under the ‘Ora-B’ brand. P&G had earlier approached the Bombay high court against Unani medicine company, Jamia Remedies, alleging infringement of their trademark ‘Oral-B’. [Please note that I am yet to go through the Order. I am relying on news reports.] Procter & Gamble (P&G) had  also successfully sought the court’s intervention so as to permanently stop Jamia from…


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Trademark

A Note on Madras High Court Judgment in M/S.N.Ranga Rao & Sons vs M/S.Shree Balaji Associates

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Background This Madras High Court judgment sets out certain significant pointers with respect to defensive registration (in the context of Trade Marks Act, 1958) and well-known marks (in the context of Trade Marks Act, 1999). My endeavour is to highlight these aspects of the judgment. This writ petition was filed by the petitioner praying to quash the order dated 04.01.2013 passed by the 2nd respondent viz., Intellectual Property Appellate Board. The IPAB had earlier allowed the appeal filed by the…


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Copyright Uncategorized

Guest Post: The Producer’s Dubbing Right– A note on Madras High Court’s decision in Thiagarajan Kumararaja v. M/S Capital Film Works

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We are extremely pleased to present before you a guest post written by Sheetal Srikanth. She is an associate at MVS Chambers, Chennai. She is a practising advocate at Madras High Court. She pursued her LLM from University of Toronto, specialising in IPR. She critically analyses the Madras High Court judgment in Thiagarajan Kumararaja v. M/s. Capital Film Works India (Pvt) Ltd. SpicyIP had dealt with this judgment here. This post brings in certain dimensions and perspectives which are quite…


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Copyright

Videos Mocking Rahul Gandhi Taken Down From You Tube

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Two videos mocking Rahul Gandhi were taken down from a pro-Modi YouTube channel after the Congress served it with copyright violation notice, reported Times of India. The channel, “I Support Narendra Modi,” had posted two short clips which made fun of Congress president Rahul Gandhi’s public interaction at a Singapore university. These clips had added commentary in overlaid text making fun of the Congress president. According to the Congress, the original videos were shot by the Singapore University and they were uploaded under “Standard YouTube…


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Trademark

Delhi HC’s Ex Parte Order in Coca-Cola Company & Anr vs Glacier Water Industries Ltd.

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Introduction This is a case of ex parte proceeding concerning trademark dilution. We had dealt with identical legal issues earlier. Therefore, this post is more of a revision for lawyers. [For Prof. Dev Ganjee’s thoughts on trademark dilution, click here.] Facts The plaintiff sought a decree of permanent injunction and damages with respect to infringement of the plaintiffs’ registered trademark, passing off and unfair competition. The Plaintiff wanted the Defendants to be refrained inter alia from “manufacturing or authorizing the…


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Trademark

A Note on Ansari Bilal Ahmadlal Mohd vs Shafeeque Ahmed Mohammad Sayeed (Bom HC)

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This judgment helps to us to have a quick revision of settled legal principles vis-a-vis interim relief in trademark infringement suits. Firstly, in case of interim reliefs, the extent of interference by Appellate forums in the discretion exercised by trial courts is limited. Secondly, in judging confusion, the test to be applied is that of a person of average intelligence and imperfect recollection. Background The Division Bench of the Bombay High Court decided on an appeal filed against the order…


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Copyright

Delhi High Court on Interim Licence under Section 31D of Copyright Act, 1957

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[I had covered the developments here and here.] As stated earlier, Saregama India Ltd and Super Casettes Industries Pvt Ltd, before the Delhi High Court, challenged the order dated 10.04.2017 passed by the Deputy Registrar of Copyrights, granting an interim statutory license under Section 31D(1) of the Copyright Act, 1957 in favour of M/S Kuku & Koyal Internet Pvt. Ltd. The Saregama India Ltd was represented by Mr. Rajiv Nayar, Mr. Saikrishna Rajagopal, Mr. Siddharth Chopra and Mr. Munish Mehra….


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Copyright

When Settled Canons of Law and Law of Precedents Go for a Toss: Issue of Interim Licence under Section 31D of Copyright Act, 1957 by Registrar of Copyrights – Part II

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In this post, I shall chronologically set out the updates pertaining to Section 31D: I. In Inderjit Singh & Anr v/s Union of India & ors [CWP- 21945/2016], the Punjab & Haryana High Court had vide order dated 21st October 2016 directed as follows: “the Registrar of Copyright Office-respondent No.3 is directed that if the petitioners approach him by moving an appropriate representation within a period of four weeks from today, he shall consider and decide the same at an…


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Copyright Overlaps in IP

When Settled Canons of Law and Law of Precedents Go for a Toss: Issue of Interim Licence under Section 31D of Copyright Act, 1957 by Registrar of Copyrights – Part I

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India is a Constitutional democracy. The principles of Constitutionalism pervade the Indian polity. Constitutionalism encompasses rule of law, independence of judiciary and separation of powers; the sacrosanct principles meant to ensure fairness and reasonableness in justice delivery system. Set in this background, the Judgments of the Punjab and Haryana High Court dated 21st October 2016 and 14 March 2017 directing the Copyright Registrar to exercise powers under Section 31D of Copyright Act, 1957 are blatantly erroneous. In this post, I…


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