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 second year of Law School (in the prestigious Nani Palkhiwala Essay Competition on Intellectual Property). His stint as a student of Prof. Shamnad Basheer further accentuated his interest in 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. Mathews is, currently, based out of Munich, Germany. He had earlier done his LLM in 'IP and Competition Law' from 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).

Patent

Spicy IP Tidbit: IPAB stays the revocation of Pfizer’s patent


The Chennai Patent Office had earlier revoked Pfizer’s patent on Detrol LA in response to a post grant opposition initiated by Ranbaxy. Detrol LA (extended release capsules of tolterodine) is used for symptomatic treatment of urinary incontinence/overactive bladder syndrome. Madhulika analysed the aforesaid Order here. The aforesaid revocation Order has now been stayed by the IPAB. As the IPAB Order is presently not available online, I am relying on the Business Standard report which is available here. According to the report,…


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Drug Regulation

EU draft legislation on clinical drugs trials


European Union is expected to finalise and give formal approval to the draft legislation on clinical drugs trials on 02 April 2014. The draft legislation inter alia requires all trial data to be placed in an accessible database. It also specifies that study protocols and full clinical study reports should be made public after approval. As members deliberate on the legislation, European Court of Justice (“ECJ“) will emerge as the legal battle field between drug companies and European Medicines Agency (“EMA“), the…


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Patent

Teva loses in the patent battle against NATCO


Introduction The Delhi HC, in a recent judgment, returned the plaint filed by Teva Pharmaceuticals Industries Ltd. (“Teva”), Yeda Research and Development Co. Ltd. (“Yeda”) and Teva API India Limited (“Plaintiffs”) seeking permanent injunction for restraining NATCO from manufacturing Glatiramer Acetate product (Copaxone) for sale in the US. It was held that the Court did not enjoy the jurisdiction to entertain the suit. For BusinessLine report, see here. [Glatiramer Acetate (also known as Copolymer 1, Cop-1 or Copaxone – as marketed by Teva Pharmaceuticals) is…


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Copyright

Producers of ‘Youngistan’ accused of infringement


  According to Bollywood Hungama, PepsiCo. sent a legal notice to the producers of the upcoming movie ‘Youngistan’ alleging copyright infringement of its tagline – “Yeh Hai Youngistan Meri Jaan”.  Livemint, in its report dated 20 February 2014, stated that PepsiCo had now moved court claiming trademark violation. According to the report, PepsiCo sought a permanent injunction against the release of the movie, which is expected to hit theatres on 28 March 2014. Also, the matter has been listed for…


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Patent

Multinational drug-major BMS signed Licence Agreement with UN backed Medicines Patent Pool


Multinational drug-major Bristol-Myers Squibb (“BMS”) entered into a Licence Agreement dated 11 December 2013 (“Agreement”) with the United Nations-backed Medicines Patent Pool (“MPP”) for the AIDS drug “Atazanavir”. As per the press release, this will benefit 110 developing countries which account for 88.5 percent of people living with HIV/AIDS in developing countries. We had earlier discussed about MPP in several posts [See here and here for the more pertinent.] In this post, I intend to introduce you all to the…


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Copyright Trademark Uncategorized

Jurisdiction in a composite suit: A case study


Introduction I intend to examine the law on ‘jurisdiction’ in a composite suit involving Copyright Act, 1957 (“1957 Act”) and the Trade and Merchandise Marks Act, 1958 (“1958 Act”). The contours of the discussion are limited to the recent Supreme Court judgment in M/s. Paragon Rubber Industries (“Plaintiff”) v. M/s. Pragathi Rubber Mills & Ors (“Defendants”) WITH M/s. Pragathi Rubber Mills & Ors v.   M/s. Paragon Rubber Industries (“Instant Judgment”), which was decided on appeals challenging the judgment of the…


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Patent

Ex-parte interim injunction awarded in Vringo Infrastructure Inc and Anr v. Xu Dejun and Ors.


Facts The plaintiffs, in the present suit, sought permanent injunction against the defendants restraining them from infringing the right of the plaintiffs in their registered patent No. IN 243980 titled as ‘Mobile Station Operable with Radio Access Network and a Packet Data Serving Node and a Method for Operating Such Mobile Station’ (“Patent”).The plaintiffs also sought for rendition of accounts and damages. In the meanwhile, they sought interim injunction against the defendants. It was claimed that the Patent is one…


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Trademark

Vagabond Skor Varberg AB won the trademark dispute against Italian firm Vagabond SPA in IPAB


Swedish apparel manufacturing firm Vagabond Skor Varberg AB (“Applicant”) won the trademark [Image from here.] dispute against Italian firm Vagabond SPA in the Intellectual Property Appellate Board (“IPAB”). [The Order is available here.] The latter opposed the attempt of the Applicant to register the mark “VAGABOND” on the ground that the latter enjoyed trademark registration over the same mark (Registration No. 551738). The Applicant filed an application with the IPAB seeking the removal of the said trademark “VAGABOND” in Class…


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Data Exclusivity Innovation Patent

The Draft Intellectual Property Policy of South Africa


The South African government released its much awaited ‘Draft National Policy on Intellectual Property, 2013’ (“Draft Policy”) for public consultation. According to the news report, the pro-reform civil society collective cautiously welcomed the release of the Draft Policy. The civil society collective inter alia advocated for reforming the South Africa’s IP laws such as a) adoption and implementation of an examination system for all pharmaceutical patent applications; b) strengthening patentability criteria to prevent evergreening; and c) promoting high standards for…


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Trademark

Kerala HC ends suo moto proceedings against the grant of Attukal deity trademark – II


[*Long Post]                                                                                                 Analysis of the judgment I shall analyse the judgment in this post. At the outset, I would like to state that I am a positivist. I believe in an impartial legal analysis of the given set of facts devoid of any moral argument whatsoever. For the following reasons, I argue that the extant legal framework impliedly prohibits the registration of marks such as the Instant Marks and the instant judgment is, therefore, legally incorrect. [For my…


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