Author name: SpicyIP

Bearing the Burdens of Bolar

The Madras High Court’s decision in Novartis AG v. Venkata Narayana Active Ingredients offers the first post-trial examination of the evidence required to invoke Section 107A for exports to get regulatory approval. While the Court’s attempt to bring greater evidentiary clarity to the Bolar exemption is welcome, Arnav Kaman argues that its approach risks placing burdens on manufacturers that may undermine the provision’s underlying purpose. Arnav is a 5th-year law student from Rajiv Gandhi National University of Law, Punjab. He’s

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SpicyIP Weekly Review (27 July-2 August)

Stepping into August with posts on the DHC’s order in ANI v. OpenAI, Interdigital v Transsion, the Ribociclib saga, and digital archive. This and much more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment and let us know. Highlights of the Week ANI v. OpenAI: User Rights, Fair Dealing, and the Future of AI in Indian Copyright Law (Part I) The Delhi High Court’s much-awaited interim order in ANI v. OpenAI addresses several

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Part II: Small Fines, Big Platforms: The CCPA on PhysicsWallah, McAfee, and the Cost of Getting Caught

Part I of the post examined the CCPA’s orders against PhysicsWallah and McAfee, and argued that neither the misleading-advertisement nor the forced-action findings in McAfee sit comfortably within their own definitions. In Part II, Anjali Tripathi and Kartik Sharma turn to the deeper problem those findings point at. Anjali is a lawyer, writer and artist with an interdisciplinary interest in critical approaches to law, visual storytelling, and design. She writes on technology, IP and culture. Kartik is a law graduate

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Part I: Small Fines, Big Platforms: The CCPA on PhysicsWallah, McAfee, and the Cost of Getting Caught

The Central Consumer Protection Authority (CCPA) has been going after dark patterns for some time now. In this two-part post, Anjali Tripathi and Kartik Sharma analyse the CCPA orders passed against PhysicsWallah and McAfee. Part II of the post goes beyond these orders and looks at the deeper implications for design interfaces and dark pattern regulation. Anjali Tripathi is a lawyer, writer and artist with an interdisciplinary interest in critical approaches to law, visual storytelling, and design. She writes on

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Digital Archiving: The MVP!

“Books are for use” may have been written with physical libraries in mind, but the principle is just as relevant in today’s digital age. With copyright amendments reportedly in the offing, Maneesha Gupta examines why India’s library and archival exceptions need updating to enable meaningful digital preservation and access to knowledge, particularly for students and researchers. Maneesha is a fifth-year B.A. LL.B. (Hons.) student at NMIMS School of Law, Bengaluru, and a participant in the SpicyIP Summer School 2026. Digital Archiving:

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Part II: To CL Or Not To CL: That Ought Not Be The Question

Continuing from Part I, Rishabh Upadhyay explains that making a patented medicine free on paper does not necessarily make it accessible in practice. Through Rajasthan’s procurement and distribution model for Ribociclib, he argues that India’s access-to-medicines challenge is ultimately an infrastructural one, not merely a patent-law problem. Rishabh is an LL.M. candidate at South Asian University, having completed his undergraduate legal studies at the Faculty of Law, Banaras Hindu University. His interest lies in intellectual property jurisprudence, with particular emphasis

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Part I: To CL Or Not To CL: That Ought Not Be The Question

For years, Section 92 and 100 levers have occupied a central place in discussions on improving access to patented medicines in India. Yet, despite repeated calls for their use, the mechanism has remained almost entirely dormant. This 2-part post by Rishabh Upadhyay explains that the ongoing Ribociclib litigation before the Kerala High Court offers an opportunity to ask whether inaction over Section 92 and 100 requests is a consequence of governmental reluctance, or whether it reveals a deeper structural reality.

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Who Owns the Tools of Expression? A Copyright Question Across Time

What happens when someone claims ownership over an alphabet or an entirely new language? Revisiting a little-known 1958 government opinion, Anshika Tripathi examines the limits of copyright and asks whether the law can ever protect the building blocks of communication. Anshika is a recent B.A. LL.B. (Hons.) graduate from Government Law College, DAVV, Indore. Her interests lie in intellectual property, consumer protection, and the intersection of law and technology. She was also a participant at the SpicyIP Summer School 2026.

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When Patent Appeals Survive but Patents Don’t: Taking a Look at the DHC Sulzer Decision

Two appeals. Two defeats. Yet, as Maneesha Gupta explains, Sulzer Mixpac AG v. Assistant Controller of Patents and Designs may be remembered less for the patent that failed than for the appeal that survived, adding another chapter to the debate over intra-court patent appeals. Maneesha is a fifth-year B.A. LL.B. (Hons.) student at NMIMS School of Law, Bengaluru, and a participant in the SpicyIP Summer School 2026. When Patent Appeals Survive but Patents Don’t: Taking a Look at the DHC Sulzer

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SpicyIP Weekly Review (July 13- July 26)

A round-up of all the important developments from the last  2 weeks, here is the SpicyIP Weekly Review featuring discussions on the Delhi High Court decision in the OpenAI case, the comments submitted to CDSCO on brand name extension, and the missing public consultations on the proposed Copyright Act amendments. This and much more in this week’s Weekly Review. Anything we are missing out? Drop a comment and let us know. Highlights of the Weeks Training ChatGPT on Copyrighted Works

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