Author name: SpicyIP

Unjust Enrichment as a Residual Remedy for Biopiracy? Rethinking ABS Failures Beyond MAT

/ By / Biological Diversity

Can unjust enrichment act as a residual measure for claiming compensation for the use of biological resources when contractual arrangements don’t work? Examining this legal doctrine and its relevance to access and benefit-sharing, Achyuth B. Nandan argues that, in light of varying state capacity to implement the ABS mechanism and weak user-side enforcement, unjust enrichment can act as a residual measure within the ABS framework and aid in furthering the purpose of ABS. Achyuth is a PhD candidate at Rajiv […]

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The Bad “Karma” of Interim Measures- Analysing NIPEKM’s Potential Long-term Impacts

/ By / Copyright, Trademark

As part of the continuing saga of the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) trying to clear the huge pendency of applications, the National IP Pendency Elimination Karma-Mission (NIPEKM) was launched through an office circular on February 17, 2026. Priyam argues that thecircular, though rather ambitious, falls into the same pitfalls as earlier (failed) attempts at reducing pendency. Priyam is a third-year student at NLSIU, Bengaluru and is deeply interested in IP and Data

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The Illusion of Innovation: Looking at the Galgotias University Patents

/ By / Innovation, Patent

Arguing that India’s patent regime is being distorted by seemingly flawed incentives, Kartikeya Srivastava explains how the NIRF’s publication-focused metrics have turned patent filings into a numbers game divorced from genuine innovation. Through a close reading of two contrasting Galgotias University patents, he highlights a structural system that risks rewarding low-quality filings. Kartikeya is a final-year law student in the LL.B. course at NLSIU Bangalore. He also has a B. Sc. degree in Biology. Having freelanced as a patent research

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[Sponsored] Admissions Open: WIPO-NLUD-IPO Joint Masters/LL.M., the Post Graduate Insolvency Programme (PGIP), and Ph.D. Programme at National Law University Delhi (April 10, 2026)

/ By / Sponsored

We are pleased to inform you that admissions are now open for NLU Delhi’s WIPO-NLUD-IPO joint Masters/ LL.M. programme, the Post Graduate Insolvency Programme (PGIP), and Ph.D. Programme. For more detail please read the announcement below: [Sponsored] Admissions Open: WIPO-NLUD-IPO Joint Masters/LL.M., the Post Graduate Insolvency Programme (PGIP), and Ph.D. Programme at National Law University Delhi (April 10, 2026) About the University National Law University Delhi (NLUD), established under Act 1 of 2008 of the National Capital Territory of Delhi.

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Are You a-live Performer? A Question to Studio Recordist

/ By / Copyright

In a new guest post, Rajesh Kumar and Akanksha Badika discuss Section 2(q) and the relevance of the word “live” in defining what legally constitutes performance. By applying the statutory rules of interpretation, they conclude that the qualifier “live” limits the scope of what constitutes performance to live performances and not studio performances. Rajesh Kumar works as the Head of Legal, and Akanksha Badika works as the Senior Legal Manager at Bhansali Productions, Mumbai (a film production house). Their practice

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In Defense of Sumitomo, and What It Means for India

/ By / Trademark

In November last year, the CGPDTM granted India’s first olfactory mark for rose-like smelling tyres. Adding to the discussion on the blog (here and here), Gaurav Dhaiya writes in favor of the order, inter alia explaining how the 7-dimensional vector representation qualifies as a graphical representation. Gaurav Dahiya is a PhD candidate at NLSIU, Bengaluru, pursuing his research in intellectual property law. In Defense of Sumitomo, and What It Means for India By Gaurav Dahiya The tyre manufacturer Sumitomo recently received a

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Canva v RxPrism; Analysing How the 3(k) Challenge was ‘Canva’ssed with a Statutory Presumption of Validity

/ By / Patent

Recently, a division bench of the Delhi High Court refused to intervene with an interlocutory order restraining Canva, from using its “Present and Record” feature. Priyam discusses that the order side-steps the appellant-defendant’s submission on section 3(k), relying on statutory presumption of validity. Priyam is a third-year student at NLSIU, Bengaluru and is deeply interested in IP and Data Protection laws. His previous posts can be accessed here. Canva v RxPrism; Analysing How the 3(k) Challenge was ‘Canva’ssed with a

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Regulating Artificially Generated Media: Unpacking the Amendments to the IT Rules

/ By / Others

Recently, the Ministry of Electronics and Information Technology (MeitY) has notified the amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These amendments are intended to address issues related to ‘synthetically generated information’ and deepfakes. In this post, Vikram Raj Nanda breaks down the amendments and discusses what has changed from the earlier draft, as well as their possible impacts. Vikram Raj Nanda is a third-year student at National Law School of India University, Bengaluru, with

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Announcing the Finalists of the 1st National Policy Brief Competition on Intellectual Property & Innovation 2025!

/ By / Opportunities, Patent, Trade Secret

After an engaging pre-final round on February 10, we are delighted to announce the finalists of the 1st National Policy Brief Competition on Intellectual Property & Innovation, 2025 organized by SpicyIP and CIPAM, DPIIT! The pre-final round witnessed thoughtful presentations from our shortlisted teams, followed by rigorous engagement with questions from the fantastic panel of judges comprising Ms. Sumathi Chandrashekaran, Ms. Abhilasha Nautiyal, and Mr. Murali Neelakantan. We are immensely grateful to our judges for their time and careful evaluation,

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(Part III) Book Review: Intellectual Property Debates in South Asia

/ By / Copyright, Geographical Indication, Patent, Trademark

Reviewing Part III of the book- “Intellectual Property Debates in South Asia”, edited by Dr. Pratyush Nath Upreti, Prof. Ishupal Singh Kang engages with how institutions, courts, and practices shape IP governance beyond doctrinal boundaries, bringing questions of gender, access, expertise, and social justice into the frame. Reading the chapters in conversation rather than isolation, Prof. Kang reflects on innovation-centric assumptions, the politics of IP expertise, and the role of South Asian historical narratives in re-imagining IP law and its

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