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

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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Trademark

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


I had earlier reported that the Kerala HC ended suo moto proceedings against the grant of Attukaldeity trademark and declined to grant any relief on merits. Broadly speaking, the HC held that the grant doesn’t violate Trade Marks Act, 1999 (“TM Act”) and Constitution of India. I intend to analyse the aforesaid judgment dated 12 September 2013 in these posts. In the first post, I shall present an abstract of the judgment. I shall analyse the judgment in the second…


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Trademark

Breaking News: Kerala HC ends suo moto proceedings against the grant of Attukal deity trademark


We reported that the Attukal Bhagawathy Temple Trust (“Trust”) in Kerala had secured trademark protection for the picture of its deity (Trademark No. 1420800) and the title ‘Sabarimala of Women’ (Trademark No. 1420799) under Class 42 (for temple Services, social services, welfare services and cultural activities). The Division Bench of the Kerala High Court initiated suo moto case against the aforesaid registrations in early 2009 based on a petition faxed by Mr. Praveen Raj. The High Court later appointed Mr….


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Uncategorized

Re-imposing curbs on royalty payments to foreigners


Background We had earlier reported that the Indian government, in 2009, waived the requirement of prior government approval in case of payment of royalty by Indian companies to multinational corporations and allowed such payments through the automatic route. Later, we also carried a Business Standard report which stated that the aforesaid relaxation is being used by the MNCs to divert a major portion of the profits made by their Indian arms in the form of royalty payments and technology transfer…


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Introducing ‘Principles for Intellectual Property provisions in Bilateral and Regional agreements’


I intend to introduce you all to the write-up ‘Principles for Intellectual Property provisions in bilateral and regional agreements’ (“Principles”) released by Max Planck Institute available here. The Principles recommends international rules and procedures that can achieve a better, mutually advantageous and balanced regulation of international IP. The Principles is open for signature [here] for anyone who shares the objectives. The Principles is divided into two parts: Part One – Observations and Considerations and Part Two – Recommendations. Part One – Observations…


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SPICY IP TIDBIT: IPAB reverts “DARJEELING LOUNGE” matter to Registrar


Background ITC Limited, the appellant, applied for the mark “DARJEELING LOUNGE” which was advertised on 07.02.2005.  Notice of opposition was served on the appellant on 22.12.2005 (which is disputed) by the Tea Board (the respondent).  The appellant filed the counter statement on 08.03.2006.  Observing that the notice of opposition was served on the appellant on 22.12.2005, the deputy Registrar held that the counter statement was filed beyond the statutory period. Further, as per the impugned order, notice was served vide…


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SPICY IP TIDBIT: Tea Board refused interim injunction in Tea Board – ITC ‘Darjeeling’ dispute


As we reported earlier, the Tea Board of India had earlier lost its appeal before the Calcutta High Court for the purpose of obtaining injunction against the Indian conglomerate ITC Limited, and its hospitality/hotel chain, from using the word ‘Darjeeling‘ in connection with its tea lounge. In its order dated 24 August 2011, the Division Bench of the Calcutta High Court upheld the earlier decision of the Single Judge (which we reported here and here), stating that the injunction had…


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