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

Volt v. Bolt


 At the outset, the Madras HC judgment in Wipro Enterprises Ltd v. Heinz India Pvt. Ltd deals with certain settled concepts. It, however, gives practical guidance vis-à-vis the expectation of Court on the quality of evidence which needs to be adduced at the interim stage.                                        Brief Facts The plaintiff, in the year 2012, conceived and adopted the mark “BOLTS” to sell…


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Others

IPRs Figure Prominently in ‘Trade Policy Review’ of WTO


[*Long Post] I shall deal with the recently released ‘Trade Policy Review’ (“Review”) of WTO which deals with IPRs in a great detail. In fact, the ‘level of detail’ in this Review is something which should make us aware that the “world is watching us closely”! Though the Review doesn’t criticize India’s extant IPR legal system as such (especially in the context of US position), it voices certain concerns and draws attention to certain lacunae and/or inefficiencies in the system….


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Trademark

Del HC judgment on SRF Foundation & Anr v. Ram Education Trust


The point of law reiterated in this judgment is no longer res integra. However, from a pragmatic perspective, this judgment is a case-in-point on the implications of ‘delay’ in ‘passing off / trademark’ interim injunction applications (in spite of the existence of a strong case in favour of the plaintiff).The judgment also offers a discussion on the jurisprudential foundation of ‘interim injunctions’. Background The Delhi HC decided upon interim applications filed under Order XXXIX, Rule 1 and 2 of CPC…


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Copyright Patent

Transparency and TPP negotiations


“Transparency increases the cost of hiding the truth. More efficient interactivity exposes truths that used to be inexpensive to hide.” [“Extreme Trust” by Don Peppers & Marth Rogers] I would like to begin this post by sharing my thoughts on transparency. In simple terms, transparency is the revelation of what otherwise might have been concealed. It enhances trust in the people and institutions on which our futures depend. Transparency has various dimensions. It is a vital via media for achieving…


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Others

Making of National IPR Policy: DIPP responds to RTIs filed by CIS


Centre for Internet and Society filed RTIs with DIPP regarding the “making” of IPR Policy and functioning of the Think Tank. DIPP responded to them. These are available here. RTI requests dealt with a) the process followed by the IPR Think Tank while framing the first draft of the Policy (released in December, 2014); b) details and documents of meeting held to draft the Policy; c) details and documents of all/multiple meetings held to draft the Policy and d) all…


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Data Exclusivity Innovation

Policy innovation and improvisation on pharmaceutical drug discovery


As I sit down to pen this post, I am well aware of the complex, heavily debated policy dimensions on incentivizing innovations in the pharmaceutical industry. There is no one absolute ‘right’ answer to the various dilemmas posed by this discussion. In fact, there are several answers. Each one is right in its own way. As I see it, the only way out is to ‘try out’ which, of course, entails the ability to ‘embrace’ risks. As Paulo Coelho said,…


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Copyright Others

SPICY IP TIDBIT: UN Special Rapporteur on impact of intellectual property regimes on the enjoyment of right to science and culture


The Special Rapporteur, in her report to the Human Rights Council, focused on the impact of intellectual property regimes on the enjoyment of right to science and culture, as enshrined in article 15 of the International Covenant on Economic, Social and Cultural Rights. The report examines copyright from a critical but often neglected perspective of human dimension. [Note that the Human Rights Council is an inter-governmental body within the United Nations. It is responsible for the promotion and protection of…


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Innovation Others

Is ‘Utility Model’ worth considering?


[*Long post] Mr. Zakir Thomas, former Registrar of Copyrights, penned an article in Deccan Herald criticizing ‘Utility Model’ (“UM”) which was, in fact, proposed by the recently released Draft National Intellectual Property Policy. According to him, “the draft policy believes that the Micro, Small and Medium Enterprises (MSME) sector has a large number of inventors having potential IP who can benefit only by introduction of a new law on UMs. This claim sounds appealing, but is not supported by any…


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Others

‘Jan Aushadhi’ – an umbrella brand for generic medicines


Government of India launched ‘Jan Aushadhi’ campaign to provide quality medicines at affordable prices to the masses. [For ToI report, see here.] The Centre will procure medicines in bulk from public as well as private drug manufacturing firms and rebrand them under ‘Jan Aushadhi’. These medicines will be sold in the retail market at a competitive price, allowing consumers to buy cheaper, quality product from the government. The aforesaid ‘Jan Aushadhi’ initiative is similar to the initiative launched by Kerala…


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Plant Variety Protection

Delhi HC on Protection of Plant Varieties and Farmers’ Rights Act, 2001


[*Long Post] The Delhi HC, in its recent judgment in Maharashtra Hybrid Seed Co and Anr v. Union of India and Anr, interpreted S. 15(3)(a) of Protection of Plant Varieties and Farmers’ Rights Act, 2001 (“Act”). This fairly well-written, coherent judgment, which was delivered by Justice Vibhu Bakhru, deals with certain interesting dimensions. As we haven’t dealt with many case laws pertaining to the Act especially involving technical aspects, I intend to deal with this judgment at length. My intention…


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