Author name: SpicyIP

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 […]

Dark Patterns in the Spotlight as CCPA Pushes for Platform Accountability Read More »

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

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

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.

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

(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

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

Delhi HC’s Orders in Sadhguru & Ankur Warikoo Cases: What Indian Courts Are Getting Wrong About Personality Rights?

/ By / Copyright, Trademark

In light of the Delhi High Court’s recent orders in Sadhguru Jaggi Vasudev and Ankur Warikoo cases, SpicyIP intern Anureet Kaur highlights how, instead of building a principled framework for assessing personality rights, the courts are granting injunctions without a firm doctrinal grounding. 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

Delhi HC’s Orders in Sadhguru & Ankur Warikoo Cases: What Indian Courts Are Getting Wrong About Personality Rights? Read More »

Preparedness Without Power? Analysing IP and Access in the WHO Pandemic Agreement

/ By / COVID-19, Others, Patent

After three years of negotiations, the WHO was finally able to come up with a final version of the Pandemic Agreement last month. SpicyIP Intern Riddhi Yogesh Bhutada takes a look at the key provisions of the Agreement and highlights how the instrument might not be able to overcome the challenges it originally aimed to resolve. Riddhi is a final-year law student at School of Law, CHRIST (Deemed to be University), with a focused interest in Intellectual Property Law and

Preparedness Without Power? Analysing IP and Access in the WHO Pandemic Agreement Read More »

The Summer of the Superlative Injunction 

/ By / Copyright

Analysing the Delhi High Court’s recent “Superlative Injunction”, SpicyIP Intern Arnav Kaman highlights the key problems with the order. 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.   The Summer of the Superlative Injunction  By Arnav Kaman For years now, as cricketers go onto the pitch to bat, the broadcasters of these events go to courts to bat against

The Summer of the Superlative Injunction  Read More »

Ministry of Commerce Proposes Mandatory Online Payment of License Fees 

/ By / Copyright

Recently, the Ministry of Commerce proposed an amendment to the Copyright Rules making it mandatory for owners or licensors of literary work, musical work, and sound recording to establish an online payment mechanism to collect license fees. SpicyIP Intern Riddhi Yogesh Bhutada writes on this proposal, analysing the implications it may have on the copyright enforcement mechanism in India. Riddhi is a final-year law student at School of Law, CHRIST (Deemed to be University), with a focused interest in Intellectual Property

Ministry of Commerce Proposes Mandatory Online Payment of License Fees  Read More »

Reversing the Opt-Out Burden: Why AI Firms Should Bear Licensing Obligations for Training Data

/ By / Copyright

In light of the various copyright disputes concerning AI firms, Tirthaj Mishra argues that India should shift the burden of licensing for AI training data from creators to AI companies. The guest post critiques the ineffectiveness of the opt-out model using robots.txt and proposes a statutory “Duty to License” framework inspired by India’s broadcasting laws under Section 31D of the Copyright Act. Tirthaj is a 3rd year law student at Maharashtra National Law University Mumbai. His academic focus centers on

Reversing the Opt-Out Burden: Why AI Firms Should Bear Licensing Obligations for Training Data Read More »

[Part II] ANI v. Open AI – The Storage Paradox is More Than Just Transient!

/ By / Copyright

Following the discussion on non-applicability of ‘derivative work’ theory in the Indian context in light of the ANI v. OpenAI case, in Part of her post, Shama Mahajan argues that the Fair Use defence of incidental or transient storage will be weak against the infringement allegations, given the dynamics of how the data processing and storage work in Gen-AI models. Shama is an LL.M Candidate at National University of Singapore, pursuing her masters in Intellectual Property and Technology Law. ANI

[Part II] ANI v. Open AI – The Storage Paradox is More Than Just Transient! Read More »

Scroll to Top