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).

Trademark

Delhi HC on trademark protection for domain name


The Delhi High Court, in its recent judgment in Tata Sons Ltd & Anr. v. Arno Palmen& Anr., dealt with trademark protection for domain names. The suit was instituted by the plaintiffs against the defendants seeking permanent injunction against the defendants from using the trademark/domain name “WWW.TATAINFOTECH.IN” or any other mark/domain name which is identical with or deceptively similar to the plaintiffs’ trademarks – “TATA” and “TATA INFOTECH”. The instant dispute is another instance of cybersquatting. Cybersquatting (also known as…


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Innovation

Standing Committee Report on ‘The Universities Research and Innovation Bill, 2012′ – II


(Continued…) Apprehension about easy entry of foreign Universities in India The Committee was of the view that in view of the Foreign Educational Institutions (Regulation of Entry and Operations) Bill, 2010 envisaging regulation of entry and operations of foreign universities in the country, it is improper to provide an alternative and comparatively easier route to foreign universities through the proposed legislation without any proper checks and balances. According to the Committee, “it does not seem to be a wise move…


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Innovation

Standing Committee Report on ‘The Universities Research and Innovation Bill, 2012′ – I


The recently released 248th Report of Parliamentary Standing Committee on Human Resource Development (“Committee”) was highly critical of the Universities Research and Innovation Bill, 2012 (“Bill”) including its fundamental presumptions and framework. I shall introduce the aforesaid Report in these posts. The Universities Research and Innovation Bill, 2012 Despite having one of the largest higher education systems in the world with 600 Universities and 33000 colleges-publicly and privately funded, only a few Indian institutions of learning figure in the list…


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Innovation

‘First set up the labs, then dream the Nobel’


I had earlier analysed the ‘Science, Technology and Innovation Policy, 2013’. I had inter alia noted that the policy does not focus on enhancing R&D facilities in universities. On the other hand, it intends to multiply inter-university centres “to enable a wide cross section of university researchers to access advanced research facilities and equipment which are otherwise not available in university environments.”   In this regard, I intend to introduce an interesting article in ‘The Hindu’ titled ‘First set up the…


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Trademark

Legality of trademark protection for deities in the context of Attukal deity trademark


We reportedthat 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 – a residuary clause (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 matter is…


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Locus standi and public interest under the GI Act – Analysing GI Registry Order in ‘Darjeeling Tea’ rectification application


[*Long post]   We reported that a rectification application had been filed under Section 27 of Geographical Indications of Goods (Registration and Protection) Act, 1999 (“GI Act”) for removal of ‘Darjeeling Tea’ GI.  The Assistant Registrar vide Order dated 28.09.2012 (“Darjeeling TeaOrder”) rejected the application inter alia on the ground of absence of locus standi. I shall argue that the Darjeeling Tea Order is legally incorrect vis-à-vis the ground of locus standi. I shall analyse other issues in a later…


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SpicyIP Events: Patracode announces Workshop on Tools for Researching and Managing Intellectual Property


SpicyIP is pleased to announce Patracode’s workshop on tools for researching and managing Intellectual Property. Interested participants should note that while there is no registration fee, seats are limited, so all interested parties are requested to confirm by January 21st, 2013. More details as stated below:  “Patracode, founded in 2010, is a unit of quick learners who are actively involved in catering the needs of seekers in the field Intellectual Property. They have earned good experience of handling the sophisticated…


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Analysing Science, Technology and Innovation Policy, 2013


[*Long post] I had earlier introduced Science, Technology and Innovation Policy, 2013 (“Policy”).  I shall analyse the Policy in this post. An encouraging but incomplete policy document The Policy is quite an encouraging policy document. It marks a significant shift in the approach of the government vis-à-vis its earlier policies – Scientific Policy Resolution of 1958, Technology Policy Statement of 1983 and Science and Technology Policy of 2003. As I had stated earlier, the Policy comes in the light of…


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Introducing Science, Technology and Innovation Policy, 2013 – II


For ‘Introducing Science, Technology and Innovation Policy, 2013-I’ see here For analysis, see here. Gaining Global Competitiveness through Collaboration The STI Policy, 2013 acknowledges open source discoveries as an “interesting innovation system”. Further, it recognizes that knowledge commons is an emerging theme for managing IPRs created through multi-stake holder participation. The policy intends to foster data sharing and access. The policy also intends to tap global resources including Indian diaspora for accelerating the pace of technology-led development. It envisages multi-sectoral…


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Introducing Science, Technology and Innovation policy, 2013 – I


I shall introduce the ‘Science, Technology and Innovation Policy, 2013’ (“STI Policy, 2013”) which was recently unveiled by the Prime Minister at the 100th Indian Science Congress. I shall analyse the STI Policy, 2013 in a later post. [The STI Policy, 2013 is available here.] Background The STI Policy, 2013 sets out a significant shift in approach of the government. It is pertinent to take a quick look at the previous policies:       a) Scientific Policy Resolution of 1958 (“SPR,…


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