Author name: Rishabh Upadhyay

Rishabh is an analyst at SpicyIP. He is an LL.M. candidate at the Faculty of Law, Delhi University, having completed his undergraduate legal studies at the Faculty of Law, Banaras Hindu University. His interest lies in intellectual property jurisprudence, with particular emphasis on Patent Law, Access to Medicines, and International Law.

Letting the Plaintiff Examine Regulator’s Approvals: Unpacking the DHC’s Cadila-Hetero Discovery Order Ahead of the SC Hearing

/ By / Drug Regulation

[Thanks to Swaraj Barooah sharing an in-progress draft from a project he is working on examining cancer litigation in India. The questions in there led me to write this post.] Can a court say a company has no right to confidentiality in its regulatory data, and then hand that data to a rival’s expert in a sealed cover? The Delhi High Court decided it can. On 3 November 2026, the Supreme Court is scheduled to take up two Special Leave

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SpicyIP Tidbit: Ali on Patents – A Treatise Built for Reading, Citing and Keeping Up

/ By / Patent

Prof. Feroz Ali has launched Ali on Patents (www.aop.onl), a free, online version of the treatise he first published in 2007. In his launch note on linkedin, he says that everything on the site is either his own words or the words of the court, with no AI-written prose in between. The resource is meant for a wide readership: patent lawyers and agents, in-house counsel, examiners, judges, academics, students and inventors, among others. The site has two kinds of pages:

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Equitable Pandemic Response: Delink Data Access from Benefit Sharing in the PABS Annex

/ By / Patent

Long Post Ahead! In May 2025, the World Health Organization’s member states adopted the Pandemic Agreement. However, until its Pathogen Access and Benefit-Sharing (PABS) Annex is adopted, it cannot be opened for signature. Currently, the talks on the annex remain stuck on one question: should benefit sharing be tied to access to pathogen data? In this post, I argue that this linkage is itself the problem. Drawing on the model proposed by Knowledge Ecology International (KEI) before the Intergovernmental Working

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