2024

SpicyIP Tidbit: Delhi High Court Issues Notice to OpenAI in the ANI Copyright Infringement Case

/ By / Copyright

ANI logo. Image from here As highlighted yesterday, the first hearing in the ANI MEDIA PVT LTD  V/s OPEN AI INC & ANR. took place today with the Delhi HC issuing summons to OpenAI. As reported by Bar and Bench, ANI sought an interim injunction against the unauthorised use and storage of its copyright work by Open AI to train its large language models (LLMs) -ChatGPT. ANI alleged that such use constitutes copyright infringement and thus filed the present suit […]

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The Beginning of AI-Copyright Litigation in India?: ANI vs OpenAI in DHC Tomorrow

/ By / Copyright

AI litigation seems to have reached India! Readers will be interested to know that ANI MEDIA PVT LTD  V/s OPEN AI INC & ANR. has been listed before the IPD Bench of Justice Amit Bansal at Delhi High Court tomorrow (November 19, 2024 – Court Number 45, Item No. 39). Aditi Agrawal from Hindustan Times has reported that ANI has alleged OpenAI of exploiting its content to train its Large Language Models (LLMs) and that ChatGPT (OpenAI chatbot) produces ANI’s

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SpicyIP Weekly Review (November 11-November 17)

/ By / Copyright, Innovation, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on Delhi High Court’s order in Dabur v. Alpino, WIPO’s report on diversification and economic development, and the dispute between Samsung and its trade union over the use of “Samsung” in the Union’s name. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.  Highlights of the Week Don’t Offend

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(SpicyIP Tidbit) “Horn OK Please” Copyright Dispute: BHC Grants Interim Injunction Against the Venue Owner SAI, Leaving Questions About the Organizers Unaddressed.

/ By / Copyright

[The post is co-authored by Deepali Vashist and Praharsh Gour. Deepali is a third-year law student at NLSIU Bangalore. Her passion lies in understanding the intersections of AI regulation and intellectual property rights. Her previous post can be accessed here.] In an interesting turn of events, the Bombay High Court on 12th November 2024, granted an quia timet interim injunction against the Sports Authority of India (SAI), a government body, restraining it from unauthorized use of Phonographic Performance Limited (PPL)’s

(SpicyIP Tidbit) “Horn OK Please” Copyright Dispute: BHC Grants Interim Injunction Against the Venue Owner SAI, Leaving Questions About the Organizers Unaddressed. Read More »

Diversification and Economic Development: Insights from the WIPO “Making Innovation Policy Work for Development” Report 2024

/ By / Innovation

In May 2024, WIPO published a report titled “Making Innovation Policy Work for Development” on the need for economies to diversify for better utilization of knowledge and eventually economic prosperity. SpicyIP Intern Deepali Vashist discusses the key aspects of this report and its observation on India. Deepali Vashist is a third-year law student at NLSIU Bangalore. Her passion lies in understanding the intersections of AI regulation and intellectual property rights. Diversification and Economic Development: Insights from the WIPO “Making Innovation

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Thou Shalt not Register Your Trade Union with a Name in the Likeness of My Trademark

/ By / Trademark

Discussing the recent controversy around Samsung India’s opposition to it’s workers’ application seeking to register ‘Samsung India Thozhilalar Sangham, under the Trade Union Act, Bharathwaj examines previous instances where trade unions have locked horns with trademark laws and assesses whether the Trademarks Act extends protection to proprietors against the use of their marks in any trade union’s name. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur and loves books and IP. His previous posts can be accessed here.

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Don’t Offend My Oats: Generic Disparagement, Market Leadership, and Marico Limited vs. Alpino Health Foods

/ By / Others

Trademark law has an interesting concept—generic disparagement that goes a bit further than general disparagement. In this post, I discuss one such case from the Delhi High Court: Marico Limited vs. Alpino Health Foods Pvt Ltd, where the plaintiff (“Marico”) seemed to take the whole “disparagement” thing a bit too personally (or perhaps, generally). Facts: The story has it that Marico has been in the oats business since 2010 and sells it under the name “Saffola Oats,” but it has

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SpicyIP Weekly Review (November 4-November 10)

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personality rights, Govt. recent circular on procurement of drugs, non-obviousness test under the patents law, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.  Highlights of the Week Logical Fallacy in Patent Law:

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Logical Fallacy in Patent Law: Analysing Abolkheir’s Challenge to the Soundness of Non-obviousness Test

/ By / Patent

In his recent work published in the Journal of Intellectual Property Law and Practice, Dr. Mo Abolkheir argues that the prevailing interpretation of ‘inventive steps’ places emphasis on the inventor’s imaginative capacity rather than the invention itself. Bhuwan Sarine discusses and analyzes this perspective, offering his thoughts on Dr. Abolkheir’s approach. Bhuwan is a third year B.A., LL.B. (Hons.) student at National Law School of India University, Bengaluru. He is interested in Intellectual Property Laws and the dynamic intersection of

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Part III: The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet……. The Show Must Go On?

/ By / Trademark

In the third part of his three part post on personality rights, Akshat discusses the real implications of granting broad personality rights to celebrities. Part I and II of this post can be accessed here and here. Akshat is a practicing litigator working at Saikrishna and Associates. He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. His previous posts can be found here. He would like to thank Sneha Jain and Angad Makkar for their

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