Author name: SpicyIP

Microsoft Technology Licensing LLC V. The Assistant Controller of Patents and Designs- A Reasoned Judgement or Inherently Contradictory?

/ By / Patent

In a judgement passed on May 15, the Delhi High Court despite noting the lack of clarity on the concepts of “technical effect” and “contribution” in the context of the patentability of Computer Related Inventions, declared that the subject invention had technical effects. Highlighting this contradiction within the judgement, we are pleased to bring to you this guest post by Bharathwaj Ramakrishnan. Bharathwaj is a student at the Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur and loves reading […]

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SpicyIP Weekly Review (December 18- December 24)

/ By / Copyright, Geographical Indication, Patent, Trademark

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below. Highlights of the Week The Evolution of Copyright and Translation Terms in India: Part I- Framing the Debate Discussing the history of the

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UK Supreme Court Confirms No Patent for “AI-invented” Inventions

/ By / Patent

[On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika Chawla discusses this development. Vedika is a third-year B.A.LL.B. (Hons.) student at National Law University, Delhi. Her previous post can be accessed here.] On December 20, 2023, the UK Supreme Court ruled against granting patent protection to two inventions whose investor was listed as

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Interpreting “and” Under Section 21 of the GI Act: The MP High Court’s Interaction with TRIPS and the GI Act

/ By / Geographical Indication

[Recently, the Madhya Pradesh High Court passed a detailed order clarifying that a Registered Proprietor is not required to implead an Authorised User to institute GI infringement suits. SpicyIP intern Jyotpreet Kaur writes on this development. Jyotpreet is a third-year law student from the National Law University, Delhi who is interested in Intellectual Property Rights and Competition Law and looks to study their interaction with each other. Her previous post can be accessed here.] On 18th December 2023, a 2

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Spicy IP Weekly Review (December 11-December 17)

/ By / Copyright, Patent, Trademark

[This Weekly Review is co-authored with SpicyIP Intern Sidhi Pramodh Rayudu. Sidhi is a final year B.A. LL.B (Hons) student at Hidayatullah National Law University, Raipur. He is interested in IP law, and commercial and criminal litigation.] From different arguments on AI as a co-author of a work to the type of applications filed abroad for which information is required to be filed u/s 39, we had some engaging posts on this blog this week. To read these, along with

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The Evolution of Copyright and Translation Terms in India: Part III- A Different Term for Translations

/ By / Copyright

[This post is authored by Prachi Mathur and is the third post of the three-part post on the history of terms of copyright and translations in India. Prachi, who wrote this while interning with SpicyIP, is a Third-Year B.A., LL.B (Hons) student at the National Law School of India University (NLSIU), Bangalore.] In part I and II of the post, I analysed the historical development and debates on the term of copyright in India. As discussed, the term of copyright increased

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The Evolution of Copyright and Translation Terms in India: Part II- The Differing Views on the Term of Copyright

/ By / Copyright

[This post is authored by Prachi Mathur and is part II of the three-part post on terms of copyright and translations. Prachi, who wrote this while interning with SpicyIP, is a Third-Year B.A., LL.B (Hons) student at the National Law School of India University (NLSIU), Bangalore. Please note that for the parts where the source material was in Hindi, translations have been done by Prachi.] In Part I of the post, I discussed the relevant context for the term of copyright

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The Evolution of Copyright and Translation Terms in India: Part I- Framing the Debate

/ By / Copyright

Discussing the history of the terms of copyright and translations in Independent India by sifting through the Parliamentary Debates, we are pleased to bring you this three-part post by Prachi Mathur. In part I of the post she gives the socio-economic context surrounding the parliamentary debates on the term of the copyright. In part II of the post, she highlights the different perspectives among the parliamentarians on the term of copyright. In part III, she focuses on the evolution of

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‘AI Generated Work’, ‘Computer Generated’ and ‘Work’ in Copyright: Whether AI Generated Work is a ‘Work’?

/ By / Copyright

Right on the heels of Vedika’s earlier post, we are pleased to bring to you this guest post by Dr. Anson C J taking an in-depth look into the question of whether an AI-generated work is a “work” under the copyright law. Dr. Anson is an Assistant Professor at the Inter University Centre for IPR Studies, Cochin University of Science and Technology, Kochi. ‘AI Generated Work’, ‘Computer Generated’ and ‘Work’ in Copyright: Whether AI Generated Work is a ‘Work’? by

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Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India

/ By / Copyright

US Copyright Office issues another ruling on AI-authorship and copyright, reaffirming its decision to reject Ankit Sahni and RAGHAV’s artistic work. Discussing this development, we are pleased to bring to you this post by SpicyIP intern Vedika Chawla, with inputs from Swaraj. Vedika is a third-year B.A.LL.B. (Hons.) student at National Law University, Delhi. Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India By Vedika Chawla The Review Board of the US Copyright Office

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