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.

National Mission on Quantum Technologies and Applications (NM-QTA) – III

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In the first post, I introduced the National Mission on Quantum Technologies and Applications (NM-QTA). In the second post, I provided an overview of international quantum technology space. In this third and final post, I will offer high-level comments on the NM-QTA. If India aspires to capitalize on quantum technology, she should aim to position herself at the top of the quantum value chain. That, of course, entails some degree of competition. Countries, which manage to place themselves at the […]

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National Mission on Quantum Technologies and Applications (NM-QTA) – II

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In the first post, I introduced the National Mission on Quantum Technologies and Applications (NM-QTA). In this second post, I shall provide an overview of international quantum technology space. An overview of international quantum technology space It is not possible to accurately rank countries in terms of their progress in the international quantum technology space. However, the general consensus is that the United States and China are at the forefront of quantum research. The below given overview is not exhaustive.

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National Mission on Quantum Technologies and Applications (NM-QTA) – I

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In this tripartite series, I shall:             Introducing National Mission on Quantum Technologies and Applications (NM-QTA) What is quantum computing? I can only provide a layman’s take on quantum computing. I relied on the following videos for understanding this technology: here, here, here and here. Quantum computing, unlike classical computing, emulates the law of nature i.e. bases itself on the behaviour of subatomic particles (law of quantum mechanics). Subatomic particles have both wave and particle nature representing a spectrum of

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Formation of a New Copyright Society in Cinematographic Films

/ By / Copyright

On 18 April 2023, the Central Government registered M/s Cinefil Producers Performance Limited as a copyright society under Section 33(3) of the Copyright Act, 1957 in the realm of cinematographic film works. It is a society formed by film producers and other owners. Comments It will be interesting to examine how the cinematographic film related copyright societies (including music related copyright societies) interact with each other especially in areas of converging interests. As to cite an instance of potential conflict

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V. Prabhakar v. M/S. Saga Films: Madras High Court on Interim Injunction and Section 12A of Commercial Courts Act

/ By / Copyright

The Madras High Court, vide judgment dated 17 November 2022, held that the pre-institution mediation and settlement under Section 12A of the Commercial Courts Act is mandatory and rejected the plaint for injunction against the release of Tamil movie ‘Yugi’. Brief Facts The petitioner, V. Prabhakar, filed a plaint dated 16 November 2022 alleging that the movie ‘Yugi’ (which was to be released on 18 November 2022) infringed his copyright over the Malayalam movie ‘Dasharatham’ (released in 1989). The petitioner

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Delhi High Court on “Fly Higher” in Frankfinn v. Vistara

/ By / Others, Trademark

In Frankfinn Aviation Service Private Limited v. Tata SIA Airlines, the Delhi High Court vacated the ex parte interim injunction (granted vide order dated 21 January 2022) where the High Court restrained Vistara from using “Fly Higher” in its advertisements, logos etc. In its order dated 28 October 2022, the High Court vacated the interim injunction on various grounds. I intend to confine the discussion to  the two fundamental grounds relied upon by the High Court. Vistara did not use

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Kerala HC directs DPIIT to consider representation for issue of Compulsory License for Breast Cancer Drug

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The Kerala High Court vide Order dated 14 June 2022 directed the Department for Promotion of Industry and Internal Trade (DPIIT) to consider the representation for issue of compulsory license for the drug Ribociclib. Background The writ petitioner is a breast cancer patient. She filed a writ petition in the High Court of Kerala arguing that the treatment costs Rs. 63,480/- per month out of which Ribociclib alone costs Rs. 58,140/- per month. According to the petitioner, Ribociclib is not

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Delhi High Court on ‘Specified Value’ of IP suits under Commercial Courts Act

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Justice Pratibha Singh of the Delhi High Court, vide judgment dated 3 June 2022 in Vishal Pipes Limited v. Bhavya Pipe Industry, held that all the IPR disputes, irrespective of their valuations, should be listed before the commercial district court judges. If the subject-matter IP is valued below 3 lakhs rupees, the Court will examine whether the valuation is correct or not. If the valuation is found to be below 3 lakhs rupees, the suit will be treated as a

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South African Competition Commission on excessive pricing of breast cancer treatment drug

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On 8 February 2022, the Competition Commission of South Africa filed a referral with the Competition Tribunal for prosecution of Roche on alleged excessive pricing of its breast cancer treatment drug, Trastuzumab. The Commission cited contravention of Section 8(1)(a) of the South African Competition Act. “8. Abuse of dominance prohibited (1) It is prohibited for a dominant firm to— (a) charge an excessive price to the detriment of consumers or customers; …… (2) If there is a prima facie case

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Novex Communications Pvt. Ltd. v. DXC Technology Private Limited – Analysis II

/ By / Copyright

Earlier Posts: Summary and Analysis I Is it mandatory to be a member of copyright society to carry out the business of issuing or granting licences in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph film or sound recordings? I am of the view that the copyright framework gives authors and owners of right an option to join or not join a copyright society in order to conduct the business of issuing or granting licences in

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