Author name: Mathews P. George

Mathews is a graduate of West Bengal National University of Juridical Sciences, Kolkata. He pursued LLM in 'IP and Competition Law' from the Munich Intellectual Property Law Centre (a joint collaboration of Max Plank Institute for Innovation and Competition, University of Augsburg, Technical University of Munich and George Washington University, Washington). His areas of practice include Technology Law in general (IPR, Competition Law, Data Protection Law etc) Corporate Law, Contract Law and Public Law (Constitutional Law and Criminal Law). He practises law and policy at both national and international levels. Presently, he is in Kerala. In addition to litigation before various courts in Kerala, he is also involved in various national and international policy and academic initiatives.

INTA – Trademark trailblazers – 12th February, 2010

Despite the surge in the domestic economy, home grown brands are slow in registering their trademarks overseas and lack robust brand management strategies. It is important to expose Indian brand owners to international trends in trademark law in order for them to better compete with other brands at the global level. At Trademark Trailblazers in India, taking place February 12 in Mumbai, you’ll receive updates on global developments and local trademark issues and learn cutting edge strategies on leveraging a […]

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Guest post – Must law lag behind in innovation? : The need to encourage legal entrepreneurship

Ramanuj Mukherjee is a fifth year student of NUJS, Kolkata. He is the founder of iPleaders Legal Risk Management Services which works with start-ups. He blogs at A First Taste of Law . Start-ups are ventures that question the existing business wisdom. Most people create start-ups because of two reasons – they are insomniacs, and they can’t find a place or can’t fit into conventional businesses. Also, usually they are short on cash in the beginning at least. The last

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Indian IP Owner’ Convention

Intellectual Property Owners hold a vital stake in driving innovation and promoting intellectual property in a nation’s Innovation ecosystem. IP Owners of India represent a Global Community. From MNCs to Traditional Artisan, it represents a diverse cross section of the society. Confederation Indian Industry (CII) with the support of Intellectual Property office (IPO) India, has undertaken a flagship initiative to constitute “Indian IP Owners’ Forum” for bringing together all the intellectual property owners of our nation on one platform. In

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TRAVEL.INDIATIMES v. INDIATIMESTRAVEL – CLASSIC INSTANCE OF CYBER SQUATTING

Cybersquatting (also known as domain squatting) is the act of mala fide registering, trafficking in, or using a domain name with the intent to profit from the goodwill of a trademark belonging to someone else. The term is derived from “squatting,” which is the act of occupying an abandoned or unoccupied space or building that the squatter does not own, rent or otherwise have permission to use. The fact situation in the recent Delhi High Court judgment in Times Internet

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Patenting Lal dant manjan

The Association of Manufacturers of Ayurvedic Medicines (Amam), which represents 200 companies including Dabur, Himalaya, Hamdard and Baidyanath, has accused the American personal care giant, Colgate, for patenting red dental herbifice or Lal dant manjan, as it is familiar to us. Economic Times reports that the association sought governmental intervention for revoking the US patent and initiating necessary measures wherever Colgate has applied or been granted patent. The issue acquires significance in the light of growing concerns pertaining to biopiracy

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Madrid System & Indian trademark owners – Part II

                                          ESSENTIAL CONSIDERATIONS WHILE FRAMING THE TRADEMARK STRATEGY  REAL AND EFFECTIVE PRESENCE Madrid System requires both the applicant and assignee to have real and effective industrial or commercial establishment in the office of origin and countries intended to be designated. Hence, Indian trademark owners can take advantage of the System only if it shows real and effective industrial or commercial establishment in member states where protection is sought using the System. The creation of Intellectual Property Holding Companies (IPHC) can

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Madrid System & Indian trademark owners – Part I

                                 The Trademarks (Amendment) Bill 2009, which aims at bringing Madrid Protocol into force, has been passed by both Lok Sabha and Rajya Sabha. For more see here. However, India is yet to become a member of Madrid Protocol. [For the list of  members as on September 17, 2010, see here.] In the light of passage of Bill by both the houses of Parliament and Cabinel approval to accede to the Protocol, India’s entry into the Madrid Protocol is imminent.

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WORKSHOP ON INNOVATION, CREATIVITY AND IP POLICY

  After the Bayh Dole Conference last year and the provocative discussions that it engendered, the NUJS IP Chair is collaborating this year with the Max Planck Institute for Intellectual Property, Competition and Tax Law. A two-day Indo-European dialogue on “Innovation, Creativity and IP Policy”, will be held at NUJS on 19th and 20th November, 2010. The Conference is sponsored by Microsoft India (chief sponsor), K&S Partners and Altacit Global. The Workshop has lined up interesting speakers to take on

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An Earnest call for responsible reporting

The Hindustan Times (HT), quoting the joint report issued by the World Health Organisation, UNAIDS, and UNICEF, reports that over one million HIV/AIDS patients in India do not have access to anti-retroviral (ARV) treatment. India is ranked third, after South Africa and Kenya, in scaling up access towards ARV treatment. An estimated 3,20,074 patients received ARV therapy in India till the end of last year as compared to 2,34,581 patients in the previous year. According to the report, between 1.1

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Local pharma in patent rush

The DNA news report titled “Pot-kettle? Local pharma in patent rush” criticises domestic pharma companies such as Cipla, Natco and Wockhardt which file oppositions against trivial patenting and simultaneously file patent claims for molecular tweaks. It quotes Amit Sengupta, general secretary of All India Peoples Science Network on its argument that Indian pharma firms have become aggressive on claiming patents. The trend is set to rise in future. The domestic market is expected to be worth $20 billion in five

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