Author name: SpicyIP

All’s Fine with Pine Labs as Karnataka HC Vacates the Problematic Interim Injunction Order on the Point of Sale Machine

/ By / Patent

[This post is co-authored by SpicyIP interns Rohan Srivastava and Srujan Sangai. Rohan and Srujan are Second Year students at the National Law School Of India University and have a keen interest in IPR and Technology Law. Rohan’s previous post can be accessed here and Srujan’s previous post can be accessed here.] In March 2023, the Karnataka High Court in Innoviti Payment Solutions v Pine Labs, vacated an interim injunction order passed by the trial court in favor of Innoviti Payment […]

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Workshop on ‘Access to Medicines, TRIPS and Patents in the Developing World’ [Kochi, June 3-7]

/ By / Courses & Workshops, Event

We are pleased to announce that Third World Network (TWN) and Inter-University Centre for IPR Studies, Cochin University of Science and Technology, Kochi are jointly organizing a five-day course/workshop on ‘Access To Medicines, TRIPS and Patents in the Developing World’ from June 3-7, 2023 at Kochi, Kerala. The last date to apply for the workshop is May 5, 2023. For further details, please read the call for applications below: Workshop on ‘Access to Medicines, TRIPS and Patents in the Developing World’ [Kochi,

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Why Moral Rights are Dead Serious: Preserving the Posthumous Moral Right of Integrity – Part II

/ By / Copyright

[This guest post has been authored by Karishma Karthik. Karishma is an associate at Shardul Amarchand Mangaldas, Mumbai. She can be reached at [email protected] for any feedback or comments. Views expressed here are those of the author’s] As previously discussed in Part I, Indian courts appear to employ a combination of the subjective and objective tests in determining a violation of the integrity right. Considering the Copyright Act, 1957 entitles even the legal representatives of a deceased author to exercise the integrity

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Why Moral Rights are Dead Serious: Preserving the Posthumous Moral Right of Integrity – Part I

/ By / Copyright

[This guest post has been authored by Karishma Karthik. Karishma is an associate at Shardul Amarchand Mangaldas, Mumbai. She can be reached at [email protected] for any feedback or comments. Views expressed here are those of the author’s.] It is not uncommon for artists to reach new heights of appeal after their deaths. Hip-hop icon, Tupac Shakur, the second best-selling hip-hop artist in history, sold the bulk of his albums after his death. The estate of the celebrated late rapper Mac

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The Backlog Challenge Faced by the Indian Trademark Office: Addressing Inefficiencies and Ineffectiveness

/ By / Trademark

Readers may remember the recent guest post that highlighted the Trademark Registry’s notices deeming 98000 and 82000 trademark applications as abandoned. These notices were challenged before the Delhi High Court in Intellectual Property Attorneys Association (IPAA) & Anr. v. The Controller General Of Patents, Designs & Trade Marks & Anr. (pdf). Via order dt. April 13, 2023, it was revealed that the Indian Trademark Registry has undertaken to withdraw the above notices bringing the applications back to their original status.

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An IP-Centric Approach towards AI Regulation in India- Part II

/ By / Copyright

[This Post has been authored by our former blogger Varsha Jhavar. Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur. Her previous posts on the blog can be viewed here, here, here, here.] After making an argument for the need of regulating AI from an IP perspective in Part I, Part II of the post focuses on the different aspects which can be regulated to develop a responsible and ethical AI. Licensing of training datasets The

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An IP-Centric Approach towards AI Regulation in India- Part I

/ By / Copyright

[This Post has been authored by our former blogger Varsha Jhavar. Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur. Her previous posts on the blog can be viewed here, here, here, here.] Considering the widespread use of AI today, there appears to be a need to regulate its development and ensure it is actually benefitting humanity. Countries have started taking steps in that direction – such as the USA’s Algorithmic Accountability Act of 2022,

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SpicyIP Weekly Review (April 24- April 29)

/ By / Copyright, Patent, Trade Secret, Trademark

[This weekly review is co-authored with SpicyIP intern Devanshu Agrawal. Devanshu is a second-year student pursuing B.A. LL.B. (Hons.) from the National Law School of India University, Bengaluru.] Here are the quick summaries of the 4 posts, 12 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from different High Courts?  Please let us know so we can include them! Highlights of the Week Formation of a New Copyright

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SpicyIP Weekly Review (April 17- April 22)

/ By / Copyright, COVID-19, Design, Geographical Indication, Patent, Trade Secret, Trademark

[This weekly review is co-authored with SpicyIP intern Sudhiksha Maneeswaran. Sudhiksha is a 4th-year student pursuing B. A., LL. B (Hons.) from School of Law, Christ (Deemed to be University), Bangalore.] Here are the quick summaries of the 4 posts 8 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from different High Courts?  Please let us know so we can include them! Highlights of the Week Legal Basis

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Spicy Foods And Spicier Interpretations: Schewzan Chutney To Have Acquired Secondary Significance?

/ By / Trademark

[This guest post has been authored by Devangini Rai. Devangini is an intellectual property lawyer working as an Associate with ANM Global Inc.] In a spicy twist of events, an order passed by HMJ Navin Chawla in the case of Capital Food Private Limited v. Radiant Indus Chem Pvt. Ltd. at the Delhi High Court regarding the usage of ‘Schezwan Chutney’ as a trademark was stayed by the Division Bench of HMJ Manmohan and HMJ Saurabh Banerjee. While the decision

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