Author name: SpicyIP

[Part II] ANI v. Open AI – The Storage Paradox is More Than Just Transient!

/ By / Copyright

Following the discussion on non-applicability of ‘derivative work’ theory in the Indian context in light of the ANI v. OpenAI case, in Part of her post, Shama Mahajan argues that the Fair Use defence of incidental or transient storage will be weak against the infringement allegations, given the dynamics of how the data processing and storage work in Gen-AI models. Shama is an LL.M Candidate at National University of Singapore, pursuing her masters in Intellectual Property and Technology Law. ANI […]

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[Part I] ANI v. Open AI – A Lesson in Resisting the Temptation to Borrow Excessively without Legislative Sanction

/ By / Copyright

In light of the first few issues framed by the Court in ANI v. OpenAI copyright dispute, Shama Mahajan in this two part post discusses the problem of excessive judicial borrowing and fair use defence vis a vis storage. In Part I of the post, she explains non-applicability of ‘derivative work’ theory in the Indian context owing to the lack of its statutory sanction. In Part II of the post, she argues that the Fair Use defence of incidental or

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[Part II] Going Green as a Garnish—A Brief Analyses of Green Trademarks Situation in India and related Ethos

/ By / Trademark

Continuing the discussion on greenwashing, Part II of Dr. Sunanda Bharti’s post will deal with the relevant changes that can be made in the Indian laws to address the issue of greenwashing. Dr. Bharti is a Professor in Law at Delhi University and has written several guest posts for us, which can be viewed here. [Part II] Going Green as a Garnish—A Brief Analyses of Green Trademarks Situation in India and related Ethos By Dr. Sunanda Bharti The author submits that while

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[Part I] Going Green as a Garnish—A Brief Analyses of Green Trademarks Situation in India and Related Ethos

/ By / Trademark

With an increasing number of corporations “going green” with their products, greenwashing seems to be the latest “it” factor for companies to boost their revenue. In this two part post, Dr. Sunanda Bharti explains this phenomenon and suggests ways through which Trademarks Act and other relevant legislations could step in to ensure that the public is not fooled by the blatantly terming their products as “green”. In part I of the post she explains the concepts of greenwashing and green

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Too Much, Yet Too Little: An Examination of Delhi HC’s “Andaz Apna Apna” Interim Order

/ By / Copyright, Trademark

In an interesting development for all the movie (and IP) buffs, recently the Delhi High Court passed an interim injunction order against unauthorized use and commercial exploitation of character names, traits, and dialogues of the popular Hindi film “Andaaz Apna Apna”. Kartik Sharma takes a look at the order and explains how it, inter alia, fails to take a nuanced view towards personality rights, character merchandising, fair use and more. Kartik is a fourth-year student at the National Law School

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Operationalising India’s Biopiracy Watch List: A Strategic Proposal for Inclusive Global IP Accountability

/ By / Biological Diversity

A few weeks ago, when India was featured in the 2025 USTR Section 301 Priority Watch List, Dr. Anson CJ explored the idea of whether India should come up with its own watch list to monitor biopiracy. Taking that idea forward, Achyuth B Nandan explains why the Biopiracy watchlist is the need of the hour and how it can be implemented in light of India’s Biodiversity Laws. Achyuth is an LLM candidate at Rajiv Gandhi School of Intellectual Property Law,

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Calcutta High Court Refuses to Hold 20-Year Patent Term from Date of Application as Unconstitutional

/ By / Patent

In a matter concerning a writ petition challenging the constitutionality of the 20 year time period from the date of the application, a DB has upheld the Single Judge order rejecting the writ petition. Taking a look at the DB judgement, SpicyIP intern Hruthika Addlagatta highlights the missing discussion on Section 45(3) and how the case flags an important concern of the applicants- delayed examination of the patent applications. Hruthika is a 1st year law student from NALSAR University of

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An Update about the Results of 2024 Shamnad Basheer Essay Competition on IP Law

/ By / Others

It was brought to our notice that the submission, which had previously secured second place in the 2024 Shamnad Basheer Essay Competition on IP Law, contains substantial portions taken from a piece that the author had previously co-authored and submitted to another competition. After an internal review, it was determined that the above allegations are true and the concerned submission, by Aditya Sushant Jain for the essay titled “The Copyright Black Box In Training AI Solving The Rubix Cube Through

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SpicyIP Tidbit: In the Nick of Time: Does Timing Determine Intellectual Property Rights?

/ By / Patent, Trademark

[This post is authored by SpicyIP intern Hruthika Addlagatta. Hruthika is a 1st year law student from NALSAR University of Law, Hyderabad.] Can your patent suddenly have a pre-grant opposition if the patent office’s database had a delay in uploading the patent grant? Should your trademark expire if the IP offices didn’t remind you to renew it? The Delhi High Court recently responded to these two questions. The two decisions passed on April 22, 2025 and April 30, 2025, highlight

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Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Volume IX, Issue II [Submit by June 09, 2025]

/ By / Opportunities

National Law University, Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication for its upcoming issue (Volume IX, Issue II). The last date for submissions is June 09, 2025. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Volume IX, Issue II About the Organization/Institution: National Law University-Jodhpur (NLU Jodhpur) is one of India’s leading Law Schools situated in the vibrant and colourful city of

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