Bearing the Burdens of Bolar

/ By / Patent

The Madras High Court’s decision in Novartis AG v. Venkata Narayana Active Ingredients offers the first post-trial examination of the evidence required to invoke Section 107A for exports to get regulatory approval. While the Court’s attempt to bring greater evidentiary clarity to the Bolar exemption is welcome, Arnav Kaman argues that its approach risks placing burdens on manufacturers that may undermine the provision’s underlying purpose. Arnav is a 5th-year law student from Rajiv Gandhi National University of Law, Punjab. He’s […]

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Beyond Prius? The DHC’s ALPHARD Decision on Trans-Border Reputation

/ By / Trademark

Introduction  The Delhi High Court (“DHC”), on 4th May 2026 in Toyota Jidosha Kabushiki Kaisha v. Tech Square Engineering Pvt. Ltd., overturned a Single Judge judgment (2023) and granted the mark “ALPHARD” well-known status while affirming its trans-border reputation. The judgment is noteworthy as it has articulated a test for trans-border reputation and has also observed that in luxury/niche markets, brand visibility and global reputation drive consumer awareness and not mass penetration.  In this blog post, I break down the judgment,

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SpicyIP Bells & Whistles: IP Events and Opportunities (03.08.2026)

/ By / Courses & Workshops, Opportunities

Welcome back to another week of Bells & Whistles. As always, we’ve rounded up a mix of developments, opportunities, and thoughtful reads from across the IP world along with a Bell of the Week that’s well worth revisiting. Bell of the Week: EIFL (Electronic Information for Libraries) Some bells don’t just ring in libraries, they resonate in legislatures.  When we think about copyright reform, we often think of governments, courts and international treaties. Rarely do we think of the organisations

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SpicyIP Weekly Review (27 July-2 August)

/ By / Copyright, Drug Regulation, Others, Patent, Trademark

Stepping into August with posts on the DHC’s order in ANI v. OpenAI, Interdigital v Transsion, the Ribociclib saga, and digital archive. This and much more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment and let us know. Highlights of the Week ANI v. OpenAI: User Rights, Fair Dealing, and the Future of AI in Indian Copyright Law (Part I) The Delhi High Court’s much-awaited interim order in ANI v. OpenAI addresses several

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Part II: Small Fines, Big Platforms: The CCPA on PhysicsWallah, McAfee, and the Cost of Getting Caught

/ By / Others

Part I of the post examined the CCPA’s orders against PhysicsWallah and McAfee, and argued that neither the misleading-advertisement nor the forced-action findings in McAfee sit comfortably within their own definitions. In Part II, Anjali Tripathi and Kartik Sharma turn to the deeper problem those findings point at. Anjali is a lawyer, writer and artist with an interdisciplinary interest in critical approaches to law, visual storytelling, and design. She writes on technology, IP and culture. Kartik is a law graduate

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Part I: Small Fines, Big Platforms: The CCPA on PhysicsWallah, McAfee, and the Cost of Getting Caught

/ By / Others

The Central Consumer Protection Authority (CCPA) has been going after dark patterns for some time now. In this two-part post, Anjali Tripathi and Kartik Sharma analyse the CCPA orders passed against PhysicsWallah and McAfee. Part II of the post goes beyond these orders and looks at the deeper implications for design interfaces and dark pattern regulation. Anjali Tripathi is a lawyer, writer and artist with an interdisciplinary interest in critical approaches to law, visual storytelling, and design. She writes on

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Announcing the book “Fractures in IP, Trade, and Health: Centering a Public Health Framework”

/ By / COVID-19, Overlaps in IP, Patent, Publication

After a few years (!) of discussing these developments bit by bit (across US-India timezones), and weaving together thoughts and issues that we’ve also separately been writing on over the last few years, I’m thrilled to say that Prof Srividhya Ragavan and I have just published our book titled “Fractures in IP, Trade, and Health: Centering a Public Health Framework” (OUP 2026). The book is available on Oxford Academic’s online platform here or for purchase here. An Indian edition is

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Digital Archiving: The MVP!

/ By / Copyright

“Books are for use” may have been written with physical libraries in mind, but the principle is just as relevant in today’s digital age. With copyright amendments reportedly in the offing, Maneesha Gupta examines why India’s library and archival exceptions need updating to enable meaningful digital preservation and access to knowledge, particularly for students and researchers. Maneesha is a fifth-year B.A. LL.B. (Hons.) student at NMIMS School of Law, Bengaluru, and a participant in the SpicyIP Summer School 2026. Digital Archiving:

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ANI v. OpenAI: User Rights, Fair Dealing, and the Future of AI in Indian Copyright Law (Part II)

/ By / Copyright, Innovation

Part I examined the Court’s transformative approach to fair dealing, its recognition of Section 52 as embodying user rights, and its emphasis on public interest. Part II turns to the remaining issues: whether ChatGPT memorized or substantially reproduced ANI’s works, and whether the Delhi High Court rightly assumed territorial jurisdiction. No memorization, regurgitation or substantial reproduction – Issue II The Court split Issue II into two sub-issues [Para 75]:  The Court observed that ChatGPT could not have memorized (i.e., storage

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ANI v. OpenAI: User Rights, Fair Dealing, and the Future of AI in Indian Copyright Law (Part I)

/ By / Copyright, Innovation

The judgment in ANI v OpenAI has finally been pronounced! OpenAI’s use of ANI’s copyrighted works was held to be prima facie non-infringing. 24th July, 2026 would mark a monumental day in Indian IP history, not just because the DHC tackled a cutting-edge AI-copyright dispute while preventing copyright maximalism but also because of its emphasis on public interest and user rights embodied in the Copyright Act, 1957.  To be clear, this is only an interim order. Yet, anyone familiar with

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