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 Designs

A Note on M/S. Jagdamba Impex v. M/S. Tristar Products Pvt. Ltd


Background The Delhi HC, in M/S. Jagdamba Impex (“Appellant” who is the original defendant) v. M/S. Tristar Products Pvt. Ltd (“Respondent” who is the original plaintiff) (FAO No. 128/2014 & CM Nos. 7778-79/2014 & FAO No. 129/2014 & CM Nos. 7782-83/2014), examined the applicability of Section 15(2) of Copyright Act, 1957. The first appeal was filed under Order 43 Rule 1(r) CPC impugning the order of the trial court dated 19.2.2014 which had earlier allowed the application of the Respondent…


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Uncategorized

SPICY IP TIDBIT: Govt for discussion paper on royalty payment ceiling


Background We had earlier reported that the Indian government, in 2009, waived the requirement of prior government approval in case of payment of royalty by Indian companies to multinational corporations and allowed such payments through the automatic route. Later, we also carried a Business Standard report which stated that the aforesaid relaxation is being used by the MNCs to divert a major portion of the profits made by their Indian arms in the form of royalty payments and technology transfer…


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Trademark

SPICY IP TIDBIT: Row over ‘ISEED’ mark


According to Business Standard report, a Gurgaon court issued an interim order restraining a management institute from using its name and acronym ‘ISEED’ noting that it is deceptively similar to the name of another business school, ‘iSEED’. The petitioner, while contending prior use, drew attention to the pending application for the registration of the trademark ‘iSEED’. As it is an interim order, the Court wouldn’t have dealt with the merits of the case. In this context, I would like to…


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Others Uncategorized

UNITAID on Trans-Pacific Partnership Agreement


UNITAID, which is hosted and administered by World Health Organisation, in its report titled “The Trans-Pacific Partnership Agreement: Implications for Access to Medicines and Public Health” (“Report”), voiced its opposition against Trans-Pacific Partnership Agreement (“TPPA”) which encapsulates TRIPS plus commitments. TPPA is positioned as a model agreement for future trade agreements including those involving developing countries. According to the Report, such agreements will delay generic market entry and competition which will in turn lead to increased prices of pharmaceuticals and…


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Patent

Spicy IP Tidbit: IPAB stays the revocation of Pfizer’s patent


The Chennai Patent Office had earlier revoked Pfizer’s patent on Detrol LA in response to a post grant opposition initiated by Ranbaxy. Detrol LA (extended release capsules of tolterodine) is used for symptomatic treatment of urinary incontinence/overactive bladder syndrome. Madhulika analysed the aforesaid Order here. The aforesaid revocation Order has now been stayed by the IPAB. As the IPAB Order is presently not available online, I am relying on the Business Standard report which is available here. According to the report,…


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Uncategorized

EU draft legislation on clinical drugs trials


European Union is expected to finalise and give formal approval to the draft legislation on clinical drugs trials on 02 April 2014. The draft legislation inter alia requires all trial data to be placed in an accessible database. It also specifies that study protocols and full clinical study reports should be made public after approval. As members deliberate on the legislation, European Court of Justice (“ECJ“) will emerge as the legal battle field between drug companies and European Medicines Agency (“EMA“), the…


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Patent

Teva loses in the patent battle against NATCO


Introduction The Delhi HC, in a recent judgment, returned the plaint filed by Teva Pharmaceuticals Industries Ltd. (“Teva”), Yeda Research and Development Co. Ltd. (“Yeda”) and Teva API India Limited (“Plaintiffs”) seeking permanent injunction for restraining NATCO from manufacturing Glatiramer Acetate product (Copaxone) for sale in the US. It was held that the Court did not enjoy the jurisdiction to entertain the suit. For BusinessLine report, see here. [Glatiramer Acetate (also known as Copolymer 1, Cop-1 or Copaxone – as marketed by Teva Pharmaceuticals) is…


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Copyright

Producers of ‘Youngistan’ accused of infringement


  According to Bollywood Hungama, PepsiCo. sent a legal notice to the producers of the upcoming movie ‘Youngistan’ alleging copyright infringement of its tagline – “Yeh Hai Youngistan Meri Jaan”.  Livemint, in its report dated 20 February 2014, stated that PepsiCo had now moved court claiming trademark violation. According to the report, PepsiCo sought a permanent injunction against the release of the movie, which is expected to hit theatres on 28 March 2014. Also, the matter has been listed for…


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Patent Uncategorized

Multinational drug-major BMS signed Licence Agreement with UN backed Medicines Patent Pool


Multinational drug-major Bristol-Myers Squibb (“BMS”) entered into a Licence Agreement dated 11 December 2013 (“Agreement”) with the United Nations-backed Medicines Patent Pool (“MPP”) for the AIDS drug “Atazanavir”. As per the press release, this will benefit 110 developing countries which account for 88.5 percent of people living with HIV/AIDS in developing countries. We had earlier discussed about MPP in several posts [See here and here for the more pertinent.] In this post, I intend to introduce you all to the…


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Copyright Trademark Uncategorized

Jurisdiction in a composite suit: A case study


Introduction I intend to examine the law on ‘jurisdiction’ in a composite suit involving Copyright Act, 1957 (“1957 Act”) and the Trade and Merchandise Marks Act, 1958 (“1958 Act”). The contours of the discussion are limited to the recent Supreme Court judgment in M/s. Paragon Rubber Industries (“Plaintiff”) v. M/s. Pragathi Rubber Mills & Ors (“Defendants”) WITH M/s. Pragathi Rubber Mills & Ors v.   M/s. Paragon Rubber Industries (“Instant Judgment”), which was decided on appeals challenging the judgment of the…


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