Author name: SpicyIP

Analysing Dipak Ranjan Mukherjee vs. Ministry of Commerce & Industry in Context of Transparency, Privacy and the RTI Act

In an interesting development, the CIC recently rejected an RTI application concerning information on IPRS’ compliance with the Copyright Act, upholding privacy for private organizations and confidentiality of inquiry reports that have not been tabled in front of the Parliament. SpicyIP intern Kartikeya Srivastava analyses this decision from the lens of underlying public interest in the information sought and comments on the dilution of the RTI Act under the guise of privacy. Kartikeya is a second-year law student of the […]

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SpicyIP Weekly Review (November 11-November 17)

Here is our recap of last week’s top IP developments including summary of the posts on Delhi High Court’s order in Dabur v. Alpino, WIPO’s report on diversification and economic development, and the dispute between Samsung and its trade union over the use of “Samsung” in the Union’s name. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.  Highlights of the Week Don’t Offend

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(SpicyIP Tidbit) “Horn OK Please” Copyright Dispute: BHC Grants Interim Injunction Against the Venue Owner SAI, Leaving Questions About the Organizers Unaddressed.

[The post is co-authored by Deepali Vashist and Praharsh Gour. Deepali is a third-year law student at NLSIU Bangalore. Her passion lies in understanding the intersections of AI regulation and intellectual property rights. Her previous post can be accessed here.] In an interesting turn of events, the Bombay High Court on 12th November 2024, granted an quia timet interim injunction against the Sports Authority of India (SAI), a government body, restraining it from unauthorized use of Phonographic Performance Limited (PPL)’s

(SpicyIP Tidbit) “Horn OK Please” Copyright Dispute: BHC Grants Interim Injunction Against the Venue Owner SAI, Leaving Questions About the Organizers Unaddressed. Read More »

Diversification and Economic Development: Insights from the WIPO “Making Innovation Policy Work for Development” Report 2024

In May 2024, WIPO published a report titled “Making Innovation Policy Work for Development” on the need for economies to diversify for better utilization of knowledge and eventually economic prosperity. SpicyIP Intern Deepali Vashist discusses the key aspects of this report and its observation on India. Deepali Vashist is a third-year law student at NLSIU Bangalore. Her passion lies in understanding the intersections of AI regulation and intellectual property rights. Diversification and Economic Development: Insights from the WIPO “Making Innovation

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Thou Shalt not Register Your Trade Union with a Name in the Likeness of My Trademark

Discussing the recent controversy around Samsung India’s opposition to it’s workers’ application seeking to register ‘Samsung India Thozhilalar Sangham, under the Trade Union Act, Bharathwaj examines previous instances where trade unions have locked horns with trademark laws and assesses whether the Trademarks Act extends protection to proprietors against the use of their marks in any trade union’s name. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur and loves books and IP. His previous posts can be accessed here.

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SpicyIP Weekly Review (November 4-November 10)

Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personality rights, Govt. recent circular on procurement of drugs, non-obviousness test under the patents law, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.  Highlights of the Week Logical Fallacy in Patent Law:

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Logical Fallacy in Patent Law: Analysing Abolkheir’s Challenge to the Soundness of Non-obviousness Test

In his recent work published in the Journal of Intellectual Property Law and Practice, Dr. Mo Abolkheir argues that the prevailing interpretation of ‘inventive steps’ places emphasis on the inventor’s imaginative capacity rather than the invention itself. Bhuwan Sarine discusses and analyzes this perspective, offering his thoughts on Dr. Abolkheir’s approach. Bhuwan is a third year B.A., LL.B. (Hons.) student at National Law School of India University, Bengaluru. He is interested in Intellectual Property Laws and the dynamic intersection of

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Part III: The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet……. The Show Must Go On?

In the third part of his three part post on personality rights, Akshat discusses the real implications of granting broad personality rights to celebrities. Part I and II of this post can be accessed here and here. Akshat is a practicing litigator working at Saikrishna and Associates. He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. His previous posts can be found here. He would like to thank Sneha Jain and Angad Makkar for their

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Part II: The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet……. The Show Must Go On?

Continuing to debunk the myth around the need for a higher degree of protection to celebrities, Akshat Agrawal in Part II of his post discusses some more repudiations justifying the use of celebrities’ names, images, likeness and voices. Akshat is a practicing litigator working at Saikrishna and Associates. He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. His previous posts can be found here. He would like to thank Sneha Jain and Angad Makkar

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Part I: The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet…….The Show Must Go On?

[This three part post is authored by Akshat Agrawal. Akshat is a practicing litigator working at Saikrishna and Associates. He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. His previous posts can be found here. He would like to thank Sneha Jain and Angad Makkar for their comments and discussion. He adds the following disclaimer: After some discussion around an earlier draft and an admitted history of verbosity, I would also like to acknowledge

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