Author name: SpicyIP

Infringement Against Contract Manufacturers: Can Patentees Restrain ‘Have-Made’ Rights in India?

/ By / Patent

In the United States, a patent licensee may have a patented product manufactured by an unlicensed third party (“have-made” rights). Courts there have recognised such rights even where licensing agreements expressly prohibit sub-licensing or reserve all ungranted rights. But would Indian law take the same approach? Eleen Garg examines how Indian courts might respond to claims of “have-made” rights and argues that they are unlikely to recognise them. He argues that this question assumes particular significance in light of India’s

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[Sponsored] MIPLC LL.M. 2026/27 Applications Now Open – A Global Program at the Intersection of IP, Innovation, and Technology

/ By / Opportunities, Sponsored

The application portal for LL.M. at Munich Intellectual Property Law Center (MIPLC) is now open! Take a look below at their sponsored post to know more about the benefits of the programme. MIPLC LL.M. 2026/27 Applications Now Open – A Global Program at the Intersection of IP, Innovation, and Technology The application portal for the 2026/27 intake of the Munich Intellectual Property Law Center (MIPLC) LL.M. program is now open. For students and young professionals seeking rigorous academic training combined

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Extension for Submissions to NUALS Intellectual Property Law Review (Vol. VII) [Final Deadline: March 10]

/ By / Opportunities

The NUALS Intellectual Property Law Review (IPLR) has extended the last date for submissions to Volume VII until March 10. For more information, please see the extension announcement below. Final Extension for NUALS IPLR Volume 7 Submissions: Submit by March 10, 2026  The NUALS Intellectual Property Law Review (IPLR) had set the original deadline for Volume 7 submissions as Sunday, March 1, 2026 (EOD). However, due to multiple extension requests, IPLR is allowing a final extension until Tuesday, March 10, 2026 (EOD). Kindly note that:  This is the last opportunity for contributors to submit their research! Don’t miss

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Announcing the Results of the 1st National Policy Brief Competition on Intellectual Property & Innovation 2025 by SpicyIP and CIPAM, DPIIT

/ By / Event, Patent, Trade Secret

And it’s a wrap!After five months of engaging with thought-provoking policy recommendations on pressing issues concerning SEPs and trade secrets, we are delighted to announce the results of the 1st National Policy Brief Competition on Intellectual Property & Innovation 2025, organised by SpicyIP in collaboration with CIPAM, DPIIT. The final round of the competition was held on February 27 at a grand and elegant setting befitting the occasion, in Vanijya Bhawan, New Delhi. The event saw eight finalists present their

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Unjust Enrichment as a Residual Remedy for Biopiracy? Rethinking ABS Failures Beyond MAT

/ By / Biological Diversity

Can unjust enrichment act as a residual measure for claiming compensation for the use of biological resources when contractual arrangements don’t work? Examining this legal doctrine and its relevance to access and benefit-sharing, Achyuth B. Nandan argues that, in light of varying state capacity to implement the ABS mechanism and weak user-side enforcement, unjust enrichment can act as a residual measure within the ABS framework and aid in furthering the purpose of ABS. Achyuth is a PhD candidate at Rajiv

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The Bad “Karma” of Interim Measures- Analysing NIPEKM’s Potential Long-term Impacts

/ By / Copyright, Trademark

As part of the continuing saga of the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) trying to clear the huge pendency of applications, the National IP Pendency Elimination Karma-Mission (NIPEKM) was launched through an office circular on February 17, 2026. Priyam argues that thecircular, though rather ambitious, falls into the same pitfalls as earlier (failed) attempts at reducing pendency. Priyam is a third-year student at NLSIU, Bengaluru and is deeply interested in IP and Data

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The Illusion of Innovation: Looking at the Galgotias University Patents

/ By / Innovation, Patent

Arguing that India’s patent regime is being distorted by seemingly flawed incentives, Kartikeya Srivastava explains how the NIRF’s publication-focused metrics have turned patent filings into a numbers game divorced from genuine innovation. Through a close reading of two contrasting Galgotias University patents, he highlights a structural system that risks rewarding low-quality filings. Kartikeya is a final-year law student in the LL.B. course at NLSIU Bangalore. He also has a B. Sc. degree in Biology. Having freelanced as a patent research

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[Sponsored] Admissions Open: WIPO-NLUD-IPO Joint Masters/LL.M., the Post Graduate Insolvency Programme (PGIP), and Ph.D. Programme at National Law University Delhi (April 10, 2026)

/ By / Sponsored

We are pleased to inform you that admissions are now open for NLU Delhi’s WIPO-NLUD-IPO joint Masters/ LL.M. programme, the Post Graduate Insolvency Programme (PGIP), and Ph.D. Programme. For more detail please read the announcement below: [Sponsored] Admissions Open: WIPO-NLUD-IPO Joint Masters/LL.M., the Post Graduate Insolvency Programme (PGIP), and Ph.D. Programme at National Law University Delhi (April 10, 2026) About the University National Law University Delhi (NLUD), established under Act 1 of 2008 of the National Capital Territory of Delhi.

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Are You a-live Performer? A Question to Studio Recordist

/ By / Copyright

In a new guest post, Rajesh Kumar and Akanksha Badika discuss Section 2(q) and the relevance of the word “live” in defining what legally constitutes performance. By applying the statutory rules of interpretation, they conclude that the qualifier “live” limits the scope of what constitutes performance to live performances and not studio performances. Rajesh Kumar works as the Head of Legal, and Akanksha Badika works as the Senior Legal Manager at Bhansali Productions, Mumbai (a film production house). Their practice

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In Defense of Sumitomo, and What It Means for India

/ By / Trademark

In November last year, the CGPDTM granted India’s first olfactory mark for rose-like smelling tyres. Adding to the discussion on the blog (here and here), Gaurav Dhaiya writes in favor of the order, inter alia explaining how the 7-dimensional vector representation qualifies as a graphical representation. Gaurav Dahiya is a PhD candidate at NLSIU, Bengaluru, pursuing his research in intellectual property law. In Defense of Sumitomo, and What It Means for India By Gaurav Dahiya The tyre manufacturer Sumitomo recently received a

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