Author name: SpicyIP

Announcing the SpicyIP-jhana Blogpost Writing Competition 2025

/ By / Opportunities

In an exciting opportunity for young IP enthusiasts to showcase their writing and analytical skills, we’re thrilled to announce the SpicyIP–jhana Blogpost Writing Competition, 2025, organized in collaboration with jhana. As explained here, jhana is a platform and a tool for lawyers, offering access to legal datasets and AI assistants enabling legal research, review, and drafting. The competition will run for six weeks, starting today and ending on 30th December, during which shortlisted entries will be published on the blog […]

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Tying the Knot and Testing the Law: Musical Fair Use or Judicial Constraints?

/ By / Copyright

Highlighting the controversy surrounding demands for royalties for songs played during weddings, despite Section 52(1)(za), Rajesh Kumar and Akanksha Badika, using various principles of statutory interpretation, examine the legislative intent behind this provision and explain why such demands are not justified under the Copyright Act. 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 predominantly revolves around copyright law, litigation and advising

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A Second Helping for Wow Momo: Delhi HC Serves Up a New Recipe for Trademark Protection

/ By / Trademark

The Delhi High Court Division Bench on October 16 set aside the single judge’s order, recognising that while ‘wow’ itself may be generic, the creative branding of “WOW + food-item” is protectable. Hafsah Azhar Ansari writes on the DB ruling, focusing on the Court’s finding on “idea infringement” and the implications of this ruling. Hafsah Azhar Ansari is a third year student at NALSAR University of Law, Hyderabad. A Second Helping for Wow Momo: Delhi HC Serves Up a New

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Lessons from APEDA’s Basmati GI-TM Defeat in Kenya

/ By / Geographical Indication, Trademark

The recent decision of the Court of Appeal of Kenya rejecting APEDA’s challenge to several ‘Basmati’ trademarks marks the latest chapter in a long-running cross-border dispute over geographical indications. Vikram Raj Nanda highlights how the ruling brings to the forefront key questions on the territoriality of IP rights and the boundaries between GI and trademark protection. Vikram Raj Nanda is a third year student at National Law School of India University, Bengaluru with a keen interest in IP law, Competition

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SpicyIP Weekly Review (November 10 – November 16)

/ By / Copyright, Others, Patent, Trademark

Last week was an exciting one, with ten blog posts covering a variety of issues, from the Delhi High Court’s decision on Section 3(i) to discussions on regulating deepfakes. We also had a post on the NCLAT’s order ousting the CCI’s jurisdiction over complaints alleging anticompetitive practices in patent disputes, and another on the copyrightability of styles. This and much more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us

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SpicyIP Tidbit:Trademarking BROCODE: Piqued Protectionism or Frivolous Claims?

/ By / Trademark

[The post is authored by Arshya Wadhwa. Arshya is a final year law student pursuing LL.B. She is extremely passionate about Intellectual Property Rights and law in sectors like Media and Entertainment and TMT.] The DHC recently passed an ad-interim injunction order in favor of Indospirit Beverages Pvt. Ltd., restraining Ravi Mohan Studios and its associates from using the trademark “BROCODE” as the title of their upcoming film. It is well established that the name of a film can be

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Deepfake Regulation: Same Problem, Different Approaches yet none is an Error-free Resolution!

/ By / Copyright

Adding to the discussion on proposed deepfake regulations in India (see here for a post on this by Akshat), Denmark (see here for a post on this by Arnav), and the Netherlands, Shama Mahajan analyzes the approaches adopted by these countries and examines the challenges of selecting appropriate legal frameworks to govern deepfakes. Shama is an LL.M. Candidate at the National University of Singapore, pursuing her masters in Intellectual Property and Technology Law.  Interested readers can tune in to the first

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Another One Bites the Dust – NCLAT Ousts CCI’s Jurisdiction in Patent Matters

/ By / Patent

The NCLAT’s decision in Swapan Dey v. CCI marks the latest turn in the growing reluctance to let the CCI probe allegations of anti-competitive conduct stemming from the enforcement of patent rights. Yet, as Vasundra Koul points out, intellectual property and competition law are explicitly linked. Explaining the interplay between the Competition Act and the Patents Act, she argues that courts should reconcile these regimes through coordinated, domain-expert adjudication rather than an outright ouster. Vasundra is a fourth-year student at

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Mask Off: Copyright, Deepfakes and the Commodification of the Self

/ By / Copyright

As deepfakes become increasingly accessible and realistic, countries are scrambling to find the right legal response. In this post, Arnav Mathur examines Denmark’s proposed copyright-based approach and what India could learn from it for the ongoing debates on regulating AI-generated content. He argues that Denmark’s proposal to regulate deepfakes through copyright law is conceptually flawed and risks doctrinal incoherence, overreach, and the commodification of identity. Arnav is a 4th-year B.A. LL.B student at NALSAR University of Law, Hyderabad.  Interested readers

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‘Create an Image in ____ Style’: Is the Non-Copyrightability of Style a Dogmatic Convenience or Dichotomic Confusion?

/ By / Copyright

As AI-generated art continues to blur the boundaries between imitation and originality, questions around the copyrightability of artistic “style” have come into the spotlight. Shama Mahajan explores whether style can truly be separated from expression in the context of generative AI and examines how courts have approached this question over the years. Shama is an LL.M Candidate at National University of Singapore, pursuing her masters in Intellectual Property and Technology Law. [Long post ahead.] ‘Create an Image in ____ Style’:

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