Author name: SpicyIP

Problem Statement Precision: A Key Factor in TSM-Based Non-Obviousness Determination?

/ By / Patent

Discussing the Delhi High Court’s Microsoft Technology Licensing v. Asst. Controller of Patents decision on the role of PSITA in determining non obviousness, we are pleased to bring to you this post by Kevin Preji. Kevin is a second-year law student at NLSIU Bangalore and wrote this post while interning with us. His passion lies in understanding the intersection of economics and public health with intellectual property rights. His previous posts can be accessed here. Problem Statement Precision: A Key Factor […]

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SpicyIP Weekly Review (April 22- April 28)

/ By / Copyright, Others, Patent, Trademark

Here is our recap of last week’s top IP developments including summaries of posts on the Ericsson- Lava SEP dispute, disclaimed trademarks, and impact of patents on innovation in academia. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week Some Thoughts on the “Fairness” of the Delhi High Court’s Ericsson-Lava FRAND Determination- Part II Continuing their discussion on the DHC Ericsson- Lava decision, Swaraj and Praharsh critique the reasons (and lack

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Disclaimed Trademarks: Protection or Usurpation

/ By / Trademark

We are pleased to bring to you this guest post on the statutory position and judicial interpretation of disclaimed marks in the Indian trademarks regime. The post is authored by Surabhi Katare who is a fifth year student at Hidayatullah National Law University, Raipur. Surabhi is interested in IPR, media, and tech laws and wants to pursue a career in IP and allied areas. Disclaimed Trademarks: Protection or Usurpation By Surabhi Katare While the foundational principle of trademarks as a

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Perverse Incentives: How Academic Incentives are Counter-Productive to Innovation Ecosystem

/ By / Innovation, Patent

Critiquing the policy to incentivise patent filing by academicians, we are pleased to bring to you this guest post by Apoorv Kumar Chaudhary arguing why patents may not be relevant in every field and how this policy may result in frivolous patent applications. Apoorv is currently an Academic Fellow at National Law School of India University, Bangalore. He is also pursuing his PhD on criminal enforcement of Copyright in India from NLSIU. He can be contacted at apoorvkc[at]gmail[dot]com. The author

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Webinar on EFTA-India Trade Deal & Amendments to Patent Rules: Threat to Affordable MedicinesWebinar [April 26, 2024]

/ By / Patent

We are pleased to inform you that the Working Group on Access to Medicines and Treatments is organizing a webinar today to examine the impact of the EFTA-India Free Trade Agreement and the Patents Rules Amendment. The discussion is free and open to all to attend. For further details, please see the announcement below: Webinar on EFTA-India Trade Deal & Amendments to Patent Rules: Threat to Affordable MedicinesWebinar [April 26, 2024] India signed a Free Trade Agreement (FTA) with the

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[Sponsored] Admissions Open: WIPO-NLUD-IPO Joint Masters/LL.M. at National Law University Delhi (Apply by June 3, 2024)

/ By / Opportunities, Sponsored

We are pleased to inform you that admissions are now open for the WIPO-NLUD-IPO joint Masters/ LL.M. programme. The last date to apply is June 3, 2024. For more detail please read the announcement below: Admissions Open: WIPO-NLUD-IPO Joint Masters/LL.M. at National Law University Delhi The National Law University Delhi invites online applications for admission to the Masters of Arts in Intellectual Property Law and Management (M.A. Degree Programme)/ Master of Law in Intellectual Property Law and Management (LL.M. Degree

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SpicyIP Weekly Review (April 15- April 21)

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments including summaries of posts on the Ericsson- Lava SEP dispute, unauthorized use of protected material to train Gen AI, and CGPDTM’s call for feedback on IP administration in India. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week Looking for the Reasons in the Delhi High Court’s FRAND Determination in the Ericsson- Lava SEP Case- Part I The Ericsson-Lava SEP decision

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SpicyIP Weekly Review (8 April- 14 April)

/ By / Copyright, Patent, Plant Variety Protection, Trademark

Here is our recap of last week’s top IP developments including summaries of posts on the India- EFTA TEPA, AP High Court’s curious findings on fair use, and Delhi High Court’s order imposing INR 1 lakh as damages on Google for failing to disclose information about their corresponding foreign applications. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week EFTA-India Free Trade Agreement and Patents Rules Amendment: Compromising Public Accountability and

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Training GenAI: Infringement or Fair Use?

/ By / Copyright

Discussing the implications of unauthorized use of materials for training Generative AI models, we are pleased to bring to you this guest post by Goutham Rajeev and Vedant Bharadwaj Singh. The authors are third year students at the Hidayatullah National Law University, Raipur. Training GenAI: Infringement or Fair Use? By Goutham Rajeev and Vedant Bharadwaj Singh A recent public response by OpenAI’s CTO (Chief Technical Officer) on the data sources used by them to train their new text-to-video AI engine

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Section 24(5) of the Plant Varieties Act Revived?

/ By / Plant Variety Protection

[This post is authored by SpicyIP Intern Vishno Sudheendra. Vishno is a second year law student at the NLSIU, Bangalore. His previous post can be accessed here.] On 22nd February 2024, the Delhi High Court, in UPL Limited v. Registrar & Anr. (“UPL judgment”), made observations that prima facie revived Section 24(5) of the Protection of Plant Varieties and Farmers Rights Act, 2001 (“PV Act”). Some readers may know this section has had a recently troubled past. In 2016, a Division

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