Author name: SpicyIP

SpicyIP Weekly Review (June 30 – July 6)

/ By / Copyright, Others, Patent, Trademark

The Prada Kolhapuri Chappals fiasco, thoughts on alternative prizes for sickle cell treatment and analysis on the US judgements on the GenAI- copyright debate. This and much more in our weekly roundup of our blog posts, case summaries, and top IP developments in the country and the world. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week The Devil Wears Kolhapuri or Prada? Understanding GI Law, Cultural Appropriation & More The […]

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Hear! Hear! Prizes Worth Crores for Bringing New Blood into Sickle Cell Innovation 

/ By / Innovation

Explaining the Ministry of Tribal Affairs’ initiative- Bhagwan Birsa Munda Prize for Development of Drug for Sickle Cell Disease, Arnav Kaman discusses the prize model of incentivising innovation. Arnav is a 3rd Year Law student from Rajiv Gandhi National University of Law, Punjab. He’s interested in Narratives and the Law. His previous post can be accessed here.   Hear! Hear! Prizes Worth Crores for Bringing New Blood into Sickle Cell Innovation  By Arnav Kaman In the eyes of the patent system for

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[Part II] Obiter > Ratio: The Good and Bad in the First Two American Decisions on Generative AI and Copyright

/ By / Copyright

Following the discussion on Judge Alsup and Judge Chhabria’s findings in Anthropic and Meta cases respectively on lawfulness of the acquired copy, Akshat Agrawal discusses their findings on market dilution and assesses these findings from the lens of the Indian Copyright law. Akshat is a practicing litigator working at Saikrishna and Associates. He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. His previous posts can be found here. He adds the following disclaimer: After some discussion around

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[Part I] Obiter > Ratio: The Good and Bad in the First Two American Decisions on Generative AI and Copyright

/ By / Copyright

On the recent decisions by the Court in the Northern District of California on the copyright vs. Gen AI debate, Akshat Agrawal highlights the conflicting findings of the judges on fair use in this two-part post. In Part I, he examines the disagreement between the judges on the ‘lawfully acquired first copy’ requirement under the fair use exception, from the lens of the Indian Copyright law. Part II will discuss the findings on the market dilution theory. Akshat is a

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SpicyIP Weekly Review (June 23- June 29)

/ By / Copyright, Patent, Trademark

And that’s a wrap on the inaugural edition of the SpicyIP Summer School! After a dynamic week packed with discussions on IP law and valuable life lessons, the first-ever SpicyIP Summer School concludes on a high note. Last week also featured a two-part post delving into the new performance metrics recently adopted by the Patent Office. Highlights of the Week First Ed. of the SpicyIP Summer School Wraps up! After a rigorous week of intense sessions on Pharma and creativity,

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Panel Discussion: The Future of Affordable Biosimilars in India

/ By / Opportunities

TWN invites you to a panel discussion on the future of affordable biosimilars in India. The discussion will take place on June 23, 2025 at 3:30 PM – 5:00 PM. For more details check out their concept note below :- Panel Discussion: The Future of Affordable Biosimilars in India Biosimilars are a lifeline for patients in need of affordable, life-changing biologic therapies for conditions such as cancer, autoimmune diseases, and diabetes—especially in countries like India, where the high cost of

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Dark Patterns in the Spotlight as CCPA Pushes for Platform Accountability

/ By / Copyright, Trademark

On the recently released advisory by CCPA directing e-commerce platforms to detect dark patterns, SpicyIP Intern Anureet Kaur explains the mode of operation under the advisory and assesses its effectiveness. Anureet is a second-year B.A. LL.B. (Hons.) student at Rajiv Gandhi National University of Law, Punjab. She has a keen interest in Intellectual Property Law and enjoys exploring the intersection of legal principles with innovation and creativity through research and writing. Her previous posts can be accessed here. Dark Patterns

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A Stumble on the Tightrope?: How the Delhi High Court’s Ruling in Zeria Pharmaceuticals Could Stifle Innovation

/ By / Innovation, Patent

The Delhi High Court recently dismissed an appeal against the Controller’s order rejecting a patent for an intermediate on the grounds of Section 3(d). Analysing the Court’s decision, SpicyIP intern Ayush Shetty argues how the Court might have erred in applying the provision by comparing the intermediate with the final product. Ayush is a fourth-year law student at the National Law School of India University, Bangalore, with a keen interest in patent law. A Stumble on the Tightrope? How the

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Is it a Marketplace or just a Directory? The DHC Considers the Trademark Infringements from IndiaMART

/ By / Trademark

On the Delhi High Court’s DB judgement setting aside the interim injunction on the online B2B platform IndiaMART, SpicyIP intern Arnav Kaman explains how the decision sets the right tone by allowing IndiaMART to claim safe harbour defence and clarifying that the liabilities of the trademark infringement lie only between the buyer and seller and not such platforms. Arnav is a 3rd Year Law student from Rajiv Gandhi National University of Law, Punjab. He’s interested in Narratives and the Law.

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(No) Royalty in the Clouds: Between Copyright and Consumption

/ By / Others

In a significant judgement, the Delhi High Court in Commissioner of Income Tax v. Amazon Web Service held that payments for cloud computing services to AWS do not constitute “royalty”(one of the reasons being the absence of any commercial exploitation of IP rights involved). Rupam and Kartik analyse this judgement, explaining how it marks a pivotal moment in India’s approach to taxing cross-border digital transactions. Rupam is a final-year law student at NLSIU, Bangalore, and a Foundation for International Tax Scholar

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