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).

Copyright Others

Some thoughts on plagiarism


Recently, I came across an interesting article titled ’Putin’s dissertation and the revenge of RuNet’ The article focuses on academic plagiarism by the ruling class especially in Russia. They are being unearthed by Dissernet. Citing various actions against Dissernet at the official levels, the article argues, that the ‘hunter is (unfairly) being hunted’ now. I am not interested in the politics of this article. I have come across quite a few Russia-bashing articles in western media.  I have my own views…


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Others

Announcement of IUCIPRS Justice Rajagopala Ayyangar Summer Fellowship instituted by CUSAT


Inter University Centre for Intellectual Property Rights Studies (IUCIPRS), CUSAT is pleased to announce Two Summer Fellowships under ‘IUCIPRS Justice Rajagopala Ayyangar Summer Fellowship’ program during April to June 2016. IUCIPRS has instituted this Fellowship to encourage teachers interested in IP research in India to spend minimum of two months during summer (April to June) at IUCIPRS undertaking research work in IP. Eligibility: Applicants shall be a teacher in any University/College in India for less than 10 years. Preference shall…


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Innovation Patent

Patent Working in India: Delhi HC issues notice in Shamnad Basheer v. Union of India & Ors. – III


[* Long Post] Significance of ‘patent working’ norms I have already set the factual and theoretical background for this discussion. Patents are not ‘inherent’ rights enjoyed by an inventor. Whatever be the justifying rationale, it is a framework intended to result in ‘net’ benefits to the society. The Writ Petition rightly called it a “social bargain” wherein the benefits are expected to exceed the costs incurred by the society (in the form of a monopoly). As per the Patents Act, 1970, the patentee…


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Innovation Patent

Patent Working in India: Delhi HC issues notice in Shamnad Basheer v. Union of India & Ors. – II


[ * Long post] Objective of this post Patent is not an ‘inherent’ right enjoyed by an inventor. This understanding is crucial for appreciating the relevance of ‘patent working’ norms. This post discusses some of the prominent justifications and their pros and cons. Barring the natural law justification (which is now considered to be a weak justification for patents), all the other justifications, in one way or another, revolve around the argument that benefits of patent regime outweigh its costs. Jurisprudential…


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Patent

Patent Working in India: Delhi HC issues notice in Shamnad Basheer v. Union of India & Ors. – I


In a case that will have major repercussions on the future of the patent and innovation ecosystem in India, the Delhi HC recently issued notice to the Union of India in Shamnad Basheer v. Union of India & Others. The case deals with the failure to enforce statutory provisions relating to the disclosure as to how patentees have worked their inventions. This is a unique provision in the Indian Patents Act, 1970 (section 146(2)), and year after year, patentees are…


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Events

Attention Start Ups: Conference on legal and compliance challenges


A quick tidbit regarding an exciting event which will be held later this week. As Uber’s (read here) and Ola’s (read here) tryst with the law has revealed, legal compliance can play a crucial role in the growth of a start-up. In particular, while a start-up is scaling up, it often comes under the radar of the law and the government and must be particularly careful about legal compliance. In order to discuss this extremely relevant topic, Anand and Anand…


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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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