Author name: SpicyIP

Analysing the Riyadh Design Law Treaty in the Indian Context

/ By / Design

[This post is authored by SpicyIP intern Kartikeya Srivastava. Kartikeya is a second-year law student in the LL.B. course at NLSIU Bangalore. Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health. His previous posts can be accessed here.] It took nearly two decades of negotiation, but member states of […]

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Book Release: Second Edition of “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” by Eashan Ghosh

/ By / Trademark

The second edition of Eashan Ghosh’s 2020 book “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” is out now! Eashan shares a short extract from the book’s Preface, highlighting the stimuli for the second edition. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011 and has also authored numerous guest posts for us (see here, here, here, here, here, here, here, here and here). Book Release: Second Edition of “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” By Eashan

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Bournvita’s Sugar Rush Against ‘FoodPharmer’: An Unreasoned Injunction and a Clarification Without Clarity

/ By / Trademark

[This post is co-authored by Samridhi Chugh and Manya Gupta. Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women. Her previous posts can be accessed here. Manya is a fourth-year student at the National Law University, Delhi. Note for the readers: The matter is listed for today before the Delhi High Court.] The Delhi HC seems to be on a spree,

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SpicyIP Weekly Review (November 18 – November 24)

/ By / Copyright, Others, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on Madras High Court’s order in Sakata Seed Corporation v. The Controller of Patents and Designs, India’s first AI Copyright litigation involving OpenAI, and the rejection of an RTI Application concerning IPRS’ compliance with the Copyright Act. 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

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Human Intervention vs. Essentially Biological Processes: The Patentability Debate in Sakata Seed Corporation Case

/ By / Patent

Breaking down the Madras High Court’s decision in Sakata Seed Corporation v. The Controller of Patents and Designs, Kartikeya Srivastava, discusses interpretation of biological processes under Section 3(j). Kartikeya is a second-year law student of the LL.B. course at NLSIU Bangalore. Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health.  His previous

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ANI Media v. Open AI : The Opt-Out Strategy

/ By / Copyright

[This 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 adds the following disclaimer: After some discussion around an earlier draft and an admitted history of verbosity, I would also like to acknowledge the usage of Claude.ai for helping me re-frame the draft more succinctly and in a reader friendly

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

/ By / Copyright

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)

/ By / Copyright, Innovation, Patent, Trademark

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.

/ By / Copyright

[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

/ By / Innovation

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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