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).

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An Introduction to the recent Frontline issue on Indian Patent Law


Frontline, in a series of articles its recent issue, discussed the recent developments in Indian Patent Law and its reverberations in the pharmaceutical industry and public health [ ‘Patent to plunder’ by Amit Sengupta, ‘A big step forward’ by C.P. Chandrasekhar, ‘Patents and the law’ by V. Venkatesan, ‘A welcome first’ by T.K. Rajalakshmi, ‘Western warnings’ by R. Ramachandran, ‘Question of efficacy’ by Leena Menghaney, ‘The current patent system is deeply flawed’, interview with Prof. Shamnad Basheer and ‘Drug and…


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Copyright

CIC on RTI Act and Copyright


The Central Information Commission, in Ms.SakshiMathur v. Ministry of Health and Family, decided on the issue of disclosure of certified copy of question booklet of AIIMS-MBBS Entrance Examination, 2011 and the corresponding answer key. The Public Information Commissioner of AIIMS had initially refused the disclosure inter alia on the ground that the questions and answers were the intellectual property of AIIMS and exempted from disclosure under the Right to Information Act (“RTI Act”). SaiVinod had earlier blogged on IIM’s Copyright…


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Delhi HC on Customs Order restricting the clearance of consignments


The Delhi High Court, in its recent judgment in Kingtech Electronics (India) Pvt. Ltd v. Union of India and Ors, once again stayed the Order of the Commissioner of Customs restricting the clearance of consignments which, as per the latter’s determination allegedly violated the patent rights of Ericsson (Respondent No. 4). In coming to this conclusion, the Delhi High Court relied on the earlier flawed judgment by Justice Manmohan Singh in the LG case which was analysed here. The petitioner,…


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Copyright

Website Blocking and John Doe orders: Barking up the wrong tree? (Part II)


by Kartik Khanna. Part I is available here. I had discussed in Part I of this post that Reliance Communication’s [‘RCOM’] initiative in blocking websites on the basis of the John Doe order has no legal basis in IP Law. RCOM has relied on Section 79 of the Information Technology Act [‘IT Act’] to claim that they are bound by the order. I will discuss the relevant provisions to see the veracity of this statement. IT Act Section 79 provides…


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Copyright

Website blocking and John Doe orders: Barking up the wrong tree? (Part I)


by Kartik Khanna Kartik Khanna is a fourth year student of NUJS, Kolkata. He blogged very recently here. Bollywood has seen a growing number of John Doe orders over the past year. Spicy IP covered this trend here and here. While the previous posts discussed the advent of the tool in India, I will touch upon a substantial case of misuse of the same. Facts The Times of India, in a report dated December 24, 2011 (available here) states that…


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Uncategorized

Bikram Yoga and Copyright: A lot of ‘Hot’ Air?


Guest Post by Kartik Khanna Kartik Khanna is a fourth year student of NUJS, Kolkata. He wrote for us in the past as well. [See here] Facts While India has been embroiled in patenting issues concerning yoga positions [here], a different storm is brewing in the United States. Continuing a long running saga, Bikram Choudhary, the founder of Bikram Yoga has filed a copyright infringement suit against Greg Gumucio, who is offering similar services through his brand, ‘Yoga to the…


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Customs Dept. pulled up for overstepping its jurisdiction


In LG Electonics India Pvt. Ltd v. Bharat Bhogilal Patel & Others, Delhi HC vide its interim order pulled up Customs Dept. for restricting clearance of consignments which, as per latter’s determination, allegedly violated patent. It was held that the Customs Commissioner (Imports), one of the defendants, violated Clause 4 of the Notification No.305/96/2004-FTT videCircular No.41/2007-Customs dated 29.10.2007 (“Notification”) and therefore, exceeded its jurisdiction. The judgment was not unanticipated considering that the Notification unequivocally precludes the Customs Dept. from initiating…


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Trademark

8PM v. PALONE 8: Delhi HC on law on numeral trademark


The Delhi High Court, in its interim judgment in Radico Khaitan Ltd v. Carlsberg India Pvt Ltd., inter alia examined the law on numeral trademark. [slightly long post] Facts: The plaintiff, Radico Khaitan Ltd, a leading manufacturer of alcoholic beverages, markets its products under inter alia “8PM”. The mark “8PM” was registered under both Class 32 (mineral water) and Class 33 (wines, liquors, whisky and alcoholic drinks). [Note: Though Class 32 inter alia contains beer, the plaintiff registered “8PM” in…


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Copyright

India’s desi AK – 47


India may soon have its desi AK – 47, reportedTimes of India. It is expected to be more potent than the Russian made AK – 47.  As per the report, the weapon which is developed by Tiruchirapalli Ordnance Factory in Tamil Nadu, is undergoing final rounds of evaluation. Not formally christened so far, the weapon is known as Tiruchirapalli Assault Rifle (TAR). The report traced the development of the desiversion back to a Defence Expo in New Delhi in 2000….


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Copyright

Issuing interim orders under S. 31 of Copyright Act


The Delhi HC, in its recent judgment in Music Broadcast Pvt Ltd vs Super Cassette Industries Ltd, held that the Copyright Board could issue interim orders under S.31 even in the absence of an express empowering statutory provision. Barring certain lacunae, I must note that it is a fairly reasoned judgment. Summary of judgment Considering common law cases dating back to 17th century, the judgment rightly noted that the power to grant interim orders was firmly grounded in common law….


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