[Part II] How Much is Too Much? Looking at ABD Maestro v Great Galleon Ventures

/ By / Copyright, Others, Trademark

This is Part II of the two-part series post where I look at a recent judgement delivered by Justice Purushaindra Kumar Kaurav of the Delhi High Court, returning a batch of 17 plaints back to the plaintiffs for lacking territorial jurisdiction in Delhi, and examining various issues related to forum shopping. Here, I will discuss how the dynamic effect principle and doctrines of forum non conveniens and demurrer affect the question of jurisdiction. In Part I, I discussed the issues

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[Part I] How Much is Too Much? Looking at ABD Maestro v Great Galleon Ventures

/ By / Copyright, Others, Trademark

The Supreme Court in Sai Maghalakshmi Traders v Sri Lakshmi Srinivasa Agro Foods on 28th October 2026 called it what it is: any perception of a High Court being better suited for a particular type of dispute is “entirely misguided and erroneous,” and territorial jurisdiction in various courts cannot on its own justify “forum shopping” or perpetuate a “hierarchy among the High Courts.” Despite this, it is not a hidden fact anymore that Delhi attracts IP suitors as a moth

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Call for Submissions: Innovation Brief Invites Blog Posts on IP, Technology & Competition Law (Deadline: 30th November, 2026)

/ By / Opportunities

Image from here. The Innovation Brief, NLU Delhi, is inviting blog post submissions on IP, Technology & Competition Law. The last date to share submissions is November 30, 2026. Interested readers can read the call for submissions below:- Call for Blogs on IP, Technology & Competition Law (Deadline: 30th November, 2026) About the Innovation Brief The Innovation Brief is a student-led platform at National Law University Delhi that seeks to foster informed and accessible discourse at the intersection of law,

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Image with SpicyIP logo and the words "Weekly Review"

SpicyIP Weekly Review (November 2 — November 8)

/ By / Copyright, Drug Regulation, Patent, Trademark

After a long weekend, we’re back with our weekly roundup of important and interesting IP updates, featuring posts on the NPPA TMR order, ABS, and a comment on evidence-based IP policymaking. We apologise for the delay in bringing you this week’s edition, which is going out a little later than usual. This, and much more, in this edition of the SpicyIP Weekly Review! This Weekly Review is authored by Adyasha Syam. Adyasha is a third-year law student at National Law

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The Consumer Standard of Deceptive Similarity: Questions Unanswered by the Sai Silks Judgement

/ By / Trademark

The Telangana High Court’s recent observations in Sai Silks v. SKP B Gopinath have questioned whether the traditional standard of a consumer with “average intelligence and imperfect recollection” remains relevant in contemporary trademark disputes, and whether it is due for a revision. But does greater consumer awareness justify replacing this standard, or does it risk shifting the burden of avoiding confusion from traders to consumers? Adyasha Syam examines the judgment’s doctrinal inconsistencies and considers whether the existing test needs reform

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SpicyIP Tidbit: Kriti-cal Plating: Delhi HC Finally Signals Sorting the Personality Rights Salad Platter

/ By / Others

[This post is authored by Dr. Aakanksha Kumar. Aakanksha is an independent researcher and academic. Since 2019, she has designed and taught a self-created elective course across law schools titled Comparative Celebrity Laws: Personality, Publicity and Free Speech.] On 29 October 2026, Justice Purushaindra Kumar Kaurav passed an ad interim order in Kriti Sanon v. BBE Marketing Inc. & Ors. (CS(COMM) 1132/2026). The plaint was, as the order records, the familiar one: “Personality Rights / Publicity Rights”  pleaded as a

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[Part III] The Trial of Data Exclusivity

/ By / Data Exclusivity, Drug Regulation

In the third part of the post on data exclusivity (see here for Part I and Part II), Arnav explores whether there are alternative ways to incentivise domestic pharmaceutical innovation and clinical trials without introducing a data exclusivity regime. In this post, he examines possible policy interventions and alternative models, including a compensatory liability framework, while also highlighting the need for meaningful public consultation before any such policy decisions are made. Arnav is a 5th-year law student from Rajiv Gandhi

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[Part II] The Trial of Data Exclusivity

/ By / Drug Regulation

Continuing the discussion on the proposed introduction of data exclusivity in India, in Part II of his three-part post, Arnav examines its potential implications for domestic innovation, access to medicines, foreign investment, and the conduct of clinical trials. He also questions whether data exclusivity would address the underlying challenges facing India’s clinical trial ecosystem, and whether the promised benefits would justify the costs to public health and the domestic pharmaceutical industry. Arnav is a 5th-year law student from Rajiv Gandhi

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[Part I] The Trial of Data Exclusivity

/ By / Data Exclusivity

With reports suggesting that the Organization of Pharmaceutical Products in India is pushing for up to 10–12 years of data exclusivity protection in India, the debate over affordable medicines and pharmaceutical innovation is once again gaining momentum. But what would such a regime mean for India’s carefully negotiated patent bargain, generic competition and access to medicines? In Part I of the three-part post, Arnav Kaman examines the parallels between patent protection and data exclusivity, and the important questions that the

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Taping the Pipe: NPPA’s Trade Margin Cap on Anti-Cancer Drugs

/ By / Drug Regulation

Suppose there is a leak in your water supply pipe, and instead of replacing the pipe, you keep wrapping tape around the crack. The drip stops, for now but the pipe is still cracked, and you have only deferred the day it bursts. Policy-making on affordable medicines in India more or less follows the same approach, and the recent National Pharmaceutical Pricing Authority’s (NPPA) Trade Margin Rationalisation (TMR) order for anti-cancer drugs is its latest example. In this post, I

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