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).

Others

IPRs Figure Prominently in ‘Trade Policy Review’ of WTO

by Mathews P. George June 15, 2015

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[*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….

Trademark

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

by Mathews P. George May 29, 2015

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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…

Transparency and TPP negotiations

by Mathews P. George April 28, 2015

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“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…

Others

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

by Mathews P. George April 24, 2015

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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…

Data Exclusivity Innovation

Policy innovation and improvisation on pharmaceutical drug discovery

by Mathews P. George April 6, 2015

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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,…

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

by Mathews P. George March 12, 2015

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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…

Innovation Others

Is ‘Utility Model’ worth considering?

by Mathews P. George March 5, 2015

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[*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…

Others

‘Jan Aushadhi’ – an umbrella brand for generic medicines

by Mathews P. George February 20, 2015

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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…

Plant Variety Protection

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

by Mathews P. George January 23, 2015

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[*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…

Trademark

DEERE & CO. & ANR. v. S. HARCHARAN SINGH & ANR

by Mathews P. George January 13, 2015

2 Comments

I would like to begin this post with a caveat. This post is PRIMARILY meant for non- IP practitioners. This post deals with a settled legal position viz, a trademark encompasses colour scheme / colour combination as well. The intention of this post is to help a non-resourceful, aggrieved person discern the broad strategy in building a prima facie case through a recently decided case law. On quite a few occasions, I have been asked to opine on the aforesaid…

Amit Tailor { If it were some isolated instances, there was definately not a cause of concern. But as the post compiles, these are more than one instces within a short... }
Sandeep { I think it would be worthwhile to see how a very zealous TM campaign is run ... }
Akshat Agrawal { Another extract from an interesting discussion on the post elsewhere (with consent of the discussant): Shreyak Patnaik: The article was very nice! I have personally also have had... }
Akshat { This comment is reproduced from an interesting discussion on this post elsewhere (with the consent of the discussant): Sandhya Surendran: Nicely analysed, Akshat. However, I’d like to perhaps... }
Praharsh Gour { Dear sir, Thank you for sharing the case. This new order does answer the question that though PI is a dominant factor, it's not the only factor that... }