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

A case study which deals with trademark infringement: Aditya Birla Nuvo Limited v. M/S R.S. Sales Corporation & Anr.


At the outset, this (uncomplicated) case law (Aditya Birla Nuvo Limited vs R.S. Sales Corporation & Anr on 28 July 2016) doesn’t set out or provide clarification on any point of law. Further, this is not a final Order. It makes the previously issued interim order absolute during the pendency of the suit. Even then, this judgment, to my mind, gives insights pertaining to discerning and devising strategies, presents an indicative list as to what to do and what not to…


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Competition Law Overlaps in IP Patent

My views on Session on ‘Open Standards’ in SpicyIP Consilience, 2016


 In the recently concluded SpicyIP Consilience 2016 Conference at NLS, we had an interesting session on Open Standards, FRAND and Royalty-Free models (pertaining to licensing of Standard Essential Patents). Mr. Rajiv Choudhary, Prof. Yogesh Pai, Mr. Navneet Hariharan and Prof. Natasha Nayak spoke in this session. The session discussed some interesting issues pertaining to: a) creation of value by royalty free standards; b) working of FRAND; c) creation of value by standards; and d) royalty-free model vis-a-vis FRAND model. If you…


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Others Trademark

Justice Manmohan Singh’s flawed judgment on biosimilars


In this post, Prashant Reddy examines Justice Manmohan Singh’s judgment in the lawsuit filed by Genentech and Roche against Biocon and Mylan over the launch of a biosimilar for Herceptin ®. Prashant, through his incisive analysis, argues that the judgment lacks coherent reasoning. This is indeed a “disturbing trend” since India is a common-law jurisdiction and therefore, legal reasoning forms an important component of legal jurisprudence. Recently, Prof. Shamnad inter alia dealt with this issue here. [*Long Post] Justice Manmohan…


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Copyright

Inquiry against IPRS: Commission of Inquiry is receiving statements from public


As SpicyIP reported earlier, an Inquiry Officer was appointed to inquire into alleged irregularities in the Indian Performing Rights Society Limited. The Inquiry Officer is deemed to be a Commission of Inquiry under the Commission of Inquiry Act, 1952. The scope of inquiry includes non-distribution of royalties by imposing illegal conditions, illegal transfer of mechanical rights and ringtone royalties to PPL, forgery of signature etc. According to public notice issued by MHRD, “Notice is hereby given that all persons having…


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Others

Call for Papers: Journal of Intellectual Property Law (JIPL), Institute of Law, Nirma University


Centre for Intellectual Property Rights, Institute of Law, Nirma University, Ahmedabad, Gujarat invites articles / research papers, case studies, and book reviews on the topics and themes of Intellectual Property Rights for publication in the 2nd Issue of the Journal of Intellectual Property Law for its 2016-17 volume. The Journal of Intellectual Property Law is a peer-reviewed ISSN Serial Journal (ISSN: 2455-0361) published by the Centre for Intellectual Property Rights, Institute of Law, Nirma University, Ahmedabad, Gujarat. It is the…


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Competition Law Patent

Monsanto case: IP and Competition Law dimensions


My friend Prashant has recently written an excellent post in IPKat titled ‘A Monsanto case that could alter the dynamics of technology transfer to India’. The post is a good read.  I have decided to play the ‘devil’s advocate’ to some of the issues raised by Prashant. Basically, the idea is to present the other side of the coin and thereby, simplify the issues for the benefit of the readers. If this exercise is to deliver its intended result, reading…


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Copyright

Tidbit: Delhi HC on appointment of Chairman of Copyright Board


Delhi HC, vide a recent Order dated 11 February 2016, directed the Secretary, Department of Higher Education, MoHRD, to “ensure that the Chairman of the Copyright Board is appointed within a period of twelve weeks.” Further, “In the event, the appointment process is not completed within the stipulated period, the Secretary, Department of Higher Education, MoHRD shall be personally present in Court on the next date of hearing.” [For the  background, see this and this.] Significantly, the Court observed that…


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Geographical Indication

Madras HC on Basmati row


I posted on the above mentioned topic here. After perusing the concerned Orders passed by the High Court, I have now decided to pen down my views.  The Orders are available here and here. Please read [this, this, this and that] for background. As to make it easy for readers, I shall reproduce some of the main points of Orders of both AR and IPAB from here. Order of AR (31 December 2013): “Popular perception” has no statutory sanction as a…


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Geographical Indication

SpicyIP Tidbit: Madras High Court on IPAB Order in Basmati row


SpicyIP has recently carried a guest post on the recent IPAB Order in Basmati row which went in favour of APEDA. As per Times of India, on a writ petition filed by Madhya Pradesh against the aforesaid IPAB Order, the Madras High Court passed the following orders: “Till a decision in the writ petition (is taken) no precipitative action will be taken by APEDA in respect of the produce (basmati rice) from Madhya Pradesh in respect of existing areas where…


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Geographical Indication

Guest Post: An insider’s account of the Basmati row


[*Long Post] I am glad to introduce you all to a post written by Rajendra Kumar, Latha Nair, Ashish Kanta Singh and R. Rajalakshmi of KNS Partners, a leading IP boutique firm in India. While Rajendra Kumar, Latha Nair and Ashish Kanta Singh are partners, R. Rajalakshmi is a senior associate at the firm. KNS Partners appeared for APEDA. Latha R. Nair had written various guest posts for us in the past. Some of them can be found here, here,…


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