Author name: SpicyIP

Figuring Out the Correct CRI Guidelines by Looking at Google LLC v The Controller of Patents

/ By / Patent

The Calcutta High Court recently upheld the Controller’s rejection of a patent application based on the old 2017 CRI Guidelines. In examining the order, Shailraj Jhalnia writes about the nature of these guidelines and whether the Controller and the Court’s reliance on the older version was justified. Shailraj is a third year law student pursuing B.A. LL.B. from National Law School of India University, Bangalore, with a keen interest in IP Law, Arbitration and Criminal Law. His previous posts can […]

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On the Pen Losing Its Might: Contemplating the Digital News Industry’s Fate in Light of ANI v OpenAI

/ By / Copyright

On DNPA’s argument about the implications of GenAI platforms on the digital media industry—such as revenue loss, shrinking web traffic, and diminished visibility—Subhalaxmi Mukherjee examines whether these concerns are valid and discusses whether it is time for digital news industries to consider new adaptation strategies. Subhalaxmi is a third-year B.Sc LL.B. (Hons.) student at the West Bengal National University of Juridical Sciences (WBNUJS), Kolkata. She is interested in a wide range of public and commercial law subjects, including intellectual property,

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Can Purely Religious Terms be Trademarked? The Curious Case of ‘Shree Jagannath Dham’

/ By / Trademark

On the recent controversy concerning the name of the newly inaugurated Jagannath Dham temple in Digha and reports of Shree Jagannath Temple Managing Committee (“SJTMC”) seeking to protect terms like Shree Jagannath Dham, Srimandir, Mahaprasad, Nilachal Dham and Bada Dand as trademarks, Subhalaxmi Mukherjee writes on incorrect reporting on the issue and whether these terms can be protected as IPs. Subhalaxmi is a third-year B.Sc LL.B. (Hons.) student at the West Bengal National University of Juridical Sciences (WBNUJS), Kolkata. She

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Bodhisattva v. Mayo: The DHC’s take on Trademark Infringement and the Missing Injunction Tests

/ By / Trademark

Breaking down the DHC DB decision in Bodhisattva Charitable Trust And Ors v Mayo Foundation for Medical Education and Research, on prior use and registration of a trademark, Srishti Gaur explains where the order falters with regard to assessing the three factors of interim injunction. Srishti is a third-year student at National Law University, Delhi. Her previous posts can be accessed here. Bodhisattva v. Mayo: The DHC’s take on Trademark Infringement and the Missing Injunction Tests By Srishti Gaur On 28

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[SpicyIP Tidbit] Deja Vu on Section 59? Delhi HC Allows Amendment in Albemarle, But Do the Precedents Hold Up?

/ By / Patent

(This post has been authored by Shailraj Jhalnia. Shailraj is a third year law student pursuing B.A. LL.B. from National Law School of India University, Bangalore, with a keen interest in IP Law, Arbitration and Criminal Law. His previous posts can be accessed here.) In what is becoming a familiar storyline at the IP Division of the Delhi High Court, another patent application has been revived and remanded back to the Patent Office after the Court permitted the applicant to

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Rewinding the Law: Are Pre-Digital Era Copyright Assignments Valid for Today’s Modern Tech Platforms?

/ By / Copyright

Explaining the implications of the Bombay High Court judgment in Rupali Shah v. Adani Wilmer on the assignment of rights arising from the future use of a work, Arjun Ishaan discusses the position in the Indian Copyright Act on assignments and suggests policy amendments that may grant creators limited rights to renegotiate legacy contracts. Arjun is a 3rd year student at B.A.LL.B. (Hons.) at Dharmashastra National Law University, Jabalpur. He is passionate about legal research and staying abreast of new developments

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Bench and Bot – The Kerala HC’s AI Guidelines and the Bigger Judicial Puzzle

/ By / Others

On the Kerala High Court publishing its “Policy Regarding Use of Artificial Intelligence Tools in District Judiciary“, Shailraj Jhalnia discusses the judicial use of AI in different jurisdictions and the trend of Courts turning to use AI tools. He also discusses the asymmetry in having the guidelines apply only to district courts, and not appellate courts. Shailraj is a third year law student pursuing B.A. LL.B. from National Law School of India University, Bangalore, with a keen interest in IP Law,

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Methodological Reflections: The “How” of doing Interviews in IP legal Research

/ By / Others

Exploring the use of interviews as a legal methodology in IP research, particularly in the context of field engagement with traditional artisan communities, Niharika Salar shares a reflective piece based on her fieldwork experience as part of her ongoing PhD project. Niharika is a Doctoral Candidate at Queen’s University Belfast, and her previous posts can be accessed here and here. [Long post ahead] Methodological Reflections: The “How” of doing Interviews in IP legal Research By Niharika Salar In IP legal

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Dura-Line v. Jain Irrigation: Where the Design’s Test Holds Water but TSM Leaks

/ By / Design, Patent

Explaining the Delhi High Court judgement in Duraline v Jain Irrigation, Srishti Gaur highlights how it stands out for its findings on design infringement, but falls short on the obviousness analysis of the suit patent. Srishti is a third-year student at National Law University, Delhi. Her previous post can be accessed here. Dura-Line v. Jain Irrigation: Where the Design’s Test Holds Water but TSM Leaks By Srishti Gaur On 19th May, 2025, in Dura-Line India Pvt Ltd v Jain Irrigation

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Similar Isn’t Identical? How the Roche v. Zydus Judgment Interprets Section 104A

/ By / Patent

The Delhi High Court, in its recent Pertuzumab patent dispute decision, interpreted the application of Section 104A in biologics patent disputes. Breaking down the decision, Subhalaxmi Mukherjee writes on what the provision seeks to prevent and how the Court clarified its scope to curb fishing expeditions in pharma patent disputes. Subhalaxmi is a third-year B.Sc LL.B. (Hons.) student at the West Bengal National University of Juridical Sciences (WBNUJS), Kolkata. She is interested in a wide range of public and commercial

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