Author name: SpicyIP

Nippon v. Controller: DHC Sets the Standard for What Constitutes “Proof of Right”

/ By / Patent

Recently, in Nippon v. Controller, the Delhi High Court intervened to rein in an unduly rigid view of proof of right adopted by the Patent Office. Explaining the judgement, Dipti examines how the Court dealt with proof of right, employer–employee ownership, and the premature invocation of Section 68, and what these moves mean for patent filing practice in India. Dipti is a penultimate-year student at Gujarat National Law University, Gandhinagar, with a strong interest in technology and intellectual property law. […]

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The Unresolved Code: Anand Khosla, Arbitrability, and the Ghost of Rights in Rem

/ By / Copyright

In Anand Khosla v. Punam Kumari Singh, the Bombay High Court quietly retreats from the Supreme Court’s settled position on the arbitrability of IP disputes. Analysing the decision, Aditya Bhargava argues that it misapplies the rights in rem/personam distinction while considering the arbitrability of IP disputes under Vidya Drolia, and improperly legitimises the splitting of causes of action. Aditya is a fourth year law student at the National Law School of India University, Bangalore. [Long post ahead] The Unresolved Code: Anand

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One Chance or Two? Madras HC Bars LPAs in Patent Disputes, Deepening High Court Parity

/ By / Patent

How many chances do you really get to appeal a rejected patent application? Recent High Court decisions on the maintainability of Letters Patent Appeals suggest that the answer may depend less on law and more on geography. Taking a look at the conflicting High Court rulings on Letters Patent Appeals, Hruthika Addlagatta explains how the conflicting opinions have turned appellate access into a jurisdiction-dependent question, raising serious concerns of equality and fairness. Hruthika is a second-year law student from NALSAR

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Natural Justice Without Participation? Patent Examination, Civil Consequences, and the Zydus Judgment

/ By / Patent

The Delhi High Court in Zydus v. Controller of Patents has reaffirmed a formal separation between patent examination and pre-grant opposition, characterising examination as a self-contained, non-adversarial process. While this approach emphasises procedural efficiency, it raises deeper questions about how natural justice operates once a pre-grant opposition is on record. Arshiya Gupta and Reyansh Khandelwal critically examine whether the Court’s insistence on formalism comes at the cost of substantive fairness in patent prosecution. Arshiya is a third-year law student at

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Striking Out the Giant: Delhi HC Reaffirms Territoriality in MLB Trademark Dispute

/ By / Trademark

In Sumit Vijay v. Major League Baseball Properties, the Delhi High Court recently held that the Toronto Blue Jays did not enjoy a trans-border trademark reputation in India in 1998, noting pointedly that baseball is not a popular sport in a cricket-centric country like India. Aditya Bhargava analyses how the Court uses this context to reinforce territoriality in trademark law, demanding strict, contemporaneous evidence of Indian reputation and rejecting global fame, internet presence, and abandoned registrations as substitutes. Aditya is

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Regulating Domain Name System: DHC’s Ex Ante Turn

/ By / Trademark

In a series of sweeping judgments on the Domain Name System, the Delhi High Court has framed anonymous and infringing domain registrations as a problem of systemic online fraud rather than routine trademark disputes. Vishno Sudheendra critically examines the Court’s wide-ranging directions, arguing that their ex ante regulatory turn is overbroad, raises serious data protection concerns, and blurs key doctrinal distinctions in domain name law. Vishno is a fourth-year B.A., LL.B (Hons) student at the National Law School of India

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Part 2: Copyright is the Wrong Answer

/ By / Copyright

Continuing the discussion on why copyright is ill-equipped to address labour displacement caused by GenAI, Part II of Akshat’s post moves beyond copyright to explore alternative frameworks for engaging with the underlying concerns. Akshat is the founder and counsel at AASA Law Chambers. He is currently a PhD candidate at the University of Cambridge. He would like to add the following acknowledgements and disclaimer- “Credit to Profs. Oren Bracha and Talha Syed for ideas, and for “The Work of Copyright in the

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Part 1: Copyright is the Wrong Answer

/ By / Copyright

Against the backdrop of DPIIT’s Working Paper on AI and Copyright, Akshat argues that both the paper’s proposed framework and a broader turn to copyright are ill-suited to address labour displacement caused by GenAI and risk harming the very creators they claim to safeguard. Akshat is the founder and counsel at AASA Law Chambers. He is currently a PhD candidate at the University of Cambridge. He would like to add the following acknowledgements and disclaimer- “Credit to Profs. Oren Bracha

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Public Domain Day 2026: What the Entry of Classic Works means for Copyright Law and Creative Freedom

/ By / Copyright

Public Domain Day (January 1st) offers a moment to reflect on the true purpose of copyright law release, not perpetual control. Discussing the importance of this momentous day, Sminal Badge examines India’s neglected public domain, tracing how institutional gaps and private gatekeeping undermine access, creativity, education, and emerging AI innovation, and why treating the public domain as a functional legal resource is now imperative. Sminal is a 4th Year Student from Maharashtra National Law University, Mumbai. He has a keen

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Bata v. Leayan: Examining the Interplay of Sections 17 and 35 of the Trade Marks Act 

/ By / Trademark

The Delhi High Court’s decision in Leayan Global Pvt. Ltd. v. Bata India Ltd. turns on the uneasy interaction between exclusive trademark rights and descriptive use defences. Arshiya Gupta probes the Court’s see-saw framing of Sections 17 and 35, and asks whether collapsing these distinct enquiries risks blurring core principles of trademark doctrine. Arshiya is a third-year law student at National Law University, Delhi, with a keen inclination towards PIL, IPR, and criminal law. Bata v. Leayan: Examining the Interplay

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