Author name: SpicyIP

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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Taming the ‘LAION’: Lessons for Harmonising AI and Copyright Law

Discussing the Hamburg Regional Court’s landmark decision in Robert Kneschke v LAION e.V., on text data mining and its interpretation as an exception to allegations of copyright infringement, SpicyIP Fellowship applicant Tanishka Goswami highlights the key findings of the Court and explores the probable lessons for Indian policymakers in harmonizing copyright with AI and innovation. Tanishka is an advocate at the High Court of MP. She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on

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SpicyIP Weekly Review (October 28-November 3)

Here is our recap of last week’s top IP developments including summary of the posts on Delhi High Court’s orders in the Pertuzumab patent dispute, order concerning personality rights of the Telugu movie star Vishnu Manchu, and Madras High Court’s decision on burden of proof in patent revocation cases. 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 Injunction or

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Embio Ltd. v. Malladi Drugs: Madras High Court Clarifies the Extent of Burden of Proof in Matters concerning Patent Revocation

Breaking down the MHC’s recent decision in Embio Ltd. v. Malladi Drugs, SpicyIP Intern Bhuwan Sarine analyses the Court’s finding on the burden of proof in patent matters concerning revocation petitions. 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 law and technology, and seeks to pursue a career in academia and research. Embio Ltd. v. Malladi Drugs: Madras High

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SpicyIP Weekly Review (October 21-October 27)

Here is our recap of last week’s top IP developments including summary of the posts on the JioHotstar domain name dispute and DHC’s order on the Complan disparagement dispute. 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 <JioHotstar.com>: A Clever Narrative for Cybersquatting The JioHotstar domain name dispute between Reliance and ‘A Dreamer’ is the latest talk of the

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