Author name: SpicyIP

Part 2- Khadi’s Origin and Legal Battles: Back to the Future

/ By / Geographical Indication, Trademark

Following the Part 1’s discussion on the “origin” of Khadi’s meaning under the Khaddar Act, in Part II of his two part post Subhadeep builds an argument for an interdisciplinary approach to study IP with the concept of origin as the subject matter. Subhadeep is a Doctoral Research Fellow for the European Research Council (ERC) funded “Creative IPR” project at the Department of Archaeology, Conservation and History, University of Oslo. His research interest includes histories of institutional connections of the Global […]

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Part 1: Khadi’s Origin and Legal Battles: Unraveling the Historical Significance

/ By / Overlaps in IP, Trademark

Discussing “Origin” as a legal concept as enshrined under different IP laws with “Khadi” as a case study, we are pleased to bring to you this very interesting historical dive by Subhadeep Chowdhury. In this post, Subhadeep discusses the recent legal battles pertaining to “Khadi” and recounts how Khadi derived its meaning (legally) in light of the Khaddar (Name Protection) Act, 1934. In Part 2, he continues from here to build an argument for an interdisciplinary approach to study IP

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Part II- An Empirical Analysis of ‘Scandalous’ and ‘Obscene’ Trade Marks in India

/ By / Trademark

Continuing the discussion based on empirical data around the absolute ground of refusing to register the mark for being obscene or scandalous, in Part II of their post Prof. M P Ram Mohan, Aditya Gupta, and Vijay V Venkitesh highlight the inconsistencies in the administration of Section 9(2)(c) objections by the Trade Marks Registry using empirical evidence. Prof. M P Ram Mohan is a Professor in the Strategy Area at the Indian Institute of Management Ahmedabad. Aditya Gupta is a

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Part I- An Empirical Analysis of ‘Scandalous’ and ‘Obscene’ Trade Marks in India

/ By / Trademark

It’s with great pleasure that we bring to our readers this 2 part guest post by Prof. M P Ram Mohan, Aditya Gupta, and Vijay V Venkitesh, that dives into the question of what marks are considered scandalous and obscene in India. Long term readers will know that the absence of data-driven studies in the Indian IP landscape is something that has often been lamented on the blog (here). In that light, it is wonderful to see this study that

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SpicyIP Weekly Review (July 8-July 14)

/ By / Copyright, Opportunities, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on MoC’s decision to scrap 259 show cause notices against the Indian Patent Officers, copyright dispute between music labels and AI platforms, ongoing patent and trade secrets dispute between Asian Paints and Paladin Paints. Anything we are missing out on? Drop a comment below to let us know. This Weekly Review is co authored with SpicyIP intern Malavika Nair. Malavika is a final year law

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SpicyIP Tidbit: The Woes of Patanjali Continue as BHC Directs it to Deposit INR 50 Lakhs

/ By / Trademark

On the recent order by the BHC directing Patanjali Ayurveda to deposit INR 50 Lakhs, in a Trademark case, we are pleased to bring to you this SpicyIP tidbit by Md. Sabeeh Ahmad. Sabeeh has previously interned with us and is a recent law graduate from AMU, Aligarh. His previous post can be accessed here. SpicyIP Tidbit: The Woes of Patanjali Continue as BHC directs it to Deposit INR 50 Lakhs By Md. Sabeeh Ahmad Patanjali doesn’t seem to escape

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Extension of the Deadline for the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law – 28th July, 2024 

/ By / Opportunities

With several requests for extensions coming in, we’ve decided to extend the deadline for the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law. The new deadline is 28th July, 2024 (11:59 pm IST).  For the applicants who have already shared their submissions, worry not! In case you want to, you can update your submissions and send in the revised version before the new deadline.  Please also note: we have received some submissions that do not make the required declaration

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“Main Ladega”-The Fight Between Protection of Intellectual Property and Expressive Content

/ By / Copyright, Trademark

In light of the ongoing dispute between the makers of the motion picture “Main Ladega” and the National Boxing Championship over the alleged use of the latter’s logo in the film, SpicyIP intern Sumedh Gadham discusses whether such use would amount to trademark or copyright infringement. Sumedh is a second-year law student enrolled at the National University of Juridical Sciences (NUJS). He is interested in intellectual property, tech law, and policy. “Main Ladega”-The Fight Between Protection of Intellectual Property and

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Suno & Udio AI in Copyright Tussles: Music Plagiarism or Excusable Overfitting?

/ By / Copyright

In light of the recent copyright dispute between music labels and AI platforms- SunoAI and Udio AI, we are pleased to bring to you this guest post by Akanksha Badika, discussing some copyright concerns around AI generated music. Akanksha works as the Legal Manager at Bhansali Productions and Bhansali Music, Mumbai. Her practice predominantly revolves around copyright law, litigation and advising on all matters related to films and music . Though the author principally deals with copyright and music related

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SpicyIP Weekly Review (July 1-July 7)

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on the DHC’s direction to frame a code of conduct for Patent and Trademark Agents, MHC’s decision on prior arts, and the settlement between Dabur and Dhruv Rathee of their trademark and copyright dispute. This and much more in last week’s SpicyIP weekly review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week FER-ocious Negligence: Delhi

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