SpicyIP Tidbit- Paper Trail in IPRS v Hotel Appolo: Missing Caveat and the IPRS License

/ By / Copyright, Others

Last week, I wrote a post on a licensing quagmire covering the recent dispute between IPRS and Hotel Appolo & Tours Private Limited, which dealt with an important question of whether a hotel needs to take an IPRS license for cable TV to run in its hotel rooms. The Calcutta High Court said yes, and restrained Hotel Appolo from communicating musical and literary work owned by IPRS to guests through hotel-room television sets without a valid license, while the Supreme […]

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SpicyIP Weekly Review (31 August- 6 September)

/ By / Others

Kicking off September with an exciting week featuring posts on the latest guidelines by the Patent Office on the use of AI in patent examination, copyright strikes, the Calcutta High Court order in IPRS v. Hotel Appolo, the Copyright Office’s decision in the Thaler-Dabus case, and the Delhi High Court order in Hindustan Unilever Limited v Kwick Living. This and much more in this week’s SpicyIP Weekly Review. Highlights of the Week Originality Without Authorship: Analysing the Copyright Office’s Decision

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Onto Clearing the Jurisdictional Clutter

/ By / Copyright, Others, Trademark

Introduction “With the internet, the question of ‘territorial’ jurisdiction gets complicated largely on account of the fact that the internet is borderless.” A sentiment raised by Justice Muralidhar in 2010 still rings true in 2026 (has perhaps turned more complicated). While the journey of determining jurisdiction has taken several turns since then, it has now reached a new one with Hindustan Unilever Limited v Kwick Living (I) Private Limited. The suit, filed in the DHC, sought a permanent injunction against

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SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on New Draft Pharma and Biotech Patent Application Guidelines (2026)

/ By / Biological Diversity, Drug Regulation, Others, Patent

In the time of this oncoming monsoon, it feels like its raining draft guidelines from the Controller General’s office! The office of the Controller General of Patents, Designs and Trademarks (CGPDTM) has released two new sets of draft guidelines today for the examination of patent applications related to pharmaceutical & biotechnology inventions. These draft guidelines are targeted towards streamlining the patenting procedures of healthcare inventions. All stakeholders invited to submit their comments or suggestions within 15 days from the date of

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Saved by the Facts: A Critical Look at the Doctrinal Stretches in Jyothy Labs v. Dabur

/ By / Trademark

At first glance, Jyothy Labs v. Dabur looks like a fairly straightforward trademark dispute over the use of “NEEM” on toothpaste packaging. But beneath the favourable factual matrix lies a shakier doctrinal foundation, particularly on essential-feature protection, the descriptive–suggestive divide, and passing off. In this post, Harsh Kashyap examines how the Bombay High Court reached what may well be the right result on the facts, while questioning whether parts of its reasoning can safely travel beyond them. Harsh is a

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Reforming Legal Deposit: Why the Jan Vishwas Amendment Falls Short

/ By / Copyright, Others

This post has been co-authored with Charan Ashok. Charan is a fifth-year B.A., LL.B (Hons) student at the National Law School of India University, Bangalore. The Delivery of Books Act, 1956 (“DB Act”), one of India’s most forgotten statutes, has been amended via the Jan Vishwas (Amendment of Provisions) Act 2026. The said Amendment Act was notified in the e-Gazette on 8th April, 2026 and has come into force. The amendments modify the penalty provisions of the DB Act and

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Originality Without Authorship: Analysing the Copyright Office’s Decision in Thaler

/ By / Copyright

In light of the Copyright Office’s refusal to register Dr. Stephen Thaler’s AI-generated artwork, holding that DABUS cannot be recognised as its author, Vikram Raj Nanda and Sumukhi Subramanian unpack the decision. They examine what it gets right on originality, authorship and ownership, and where its reasoning on human creative control and AI disclosure leaves questions unanswered. Vikram is a fourth-year student at National Law School of India University, Bengaluru, with a keen interest in IP law, Competition Law, and

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Room Service, Rates, Licenses: IPRS v Hotel Appolo

/ By / Copyright, Others

You switch on the TV in a hotel room, and you have entered into a licensing quagmire! Does a hotel need to pay royalties to copyright societies for the content in the television sets of their guest rooms?  The recent dispute between IPRS and Hotel Appolo & Tours Private Limited deals with this question. The dispute began in the District Court of Darjeeling, which refused to grant IPRS an interim injunction against Hotel Appolo & Tours Private Limited. In an order

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SpicyIP Bells & Whistles: IP Events and Opportunities (01.09.2026)

/ 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: 30 Years of the WIPO Internet Treaties What did copyright law look like when the Internet arrived?  This week’s Bell takes us back to 20 December 1996, when the WIPO Copyright Treaty (WCT) and the WIPO Performances and

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Copyright Strikes and Free Speech: Rethinking Automated Takedowns on Social Media

/ By / Copyright

The Delhi High Court (“DHC”), in the past month, has seen multiple ongoing cases where social media intermediaries’ copyright strike mechanism has come into question (see here and here). With social media platforms now serving as a principal forum for public expression, and a handful of platforms controlling access to much of this speech, the consequences of automated content removal extend beyond private copyright disputes. Under such mechanisms, social media intermediaries automatically take down allegedly infringing content merely based on

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