Author name: SpicyIP

ChatGPT and the Underlying Copyright Malady

/ By / Copyright

ChatGPT, a chatbot, and its outputs have been in the limelight for quite some time, with discussions surrounding the chatbot’s overall impact on the future. Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur. Her previous […]

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Winzo v Google- Missed Opportunity to Detail out Disparagement

/ By / Trademark

[This post has been authored by SpicyIP Intern Tanvi Agarwal. Her previous post can be accessed here. Tanvi is a second-year student pursuing BA LLB at the National University of Juridical Sciences. She is intrigued by the field of Intellectual Property Law and wishes to explore the same.] With the growth of competitive businesses around the world, industries are indulging in practices to promote their own goods to make it more attractive for consumers. In this process, they sometime tend

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Microsoft v. Asst. Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani

/ By / Patent

The issue of Computer Related Inventions (CRI) in India has popped up again, with Delhi High Court presently hearing an appeal against an order of the Patent Office rejecting an application filed by Microsoft, titled ‘Reversible 2-Dimensional Pre-/Post- Filtering For Lapped Biorthogonal Transform’, under Section 3(k). SpicyIP intern Sukarm Sharma discusses this ongoing dispute, in light of the CRI 2016 guidelines and the Ferid Allani order. Sukarm is an undergraduate law student at NLSIU, Bangalore. Microsoft v. Asst. Controller of

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Call for Papers: NUALS Intellectual Property Law Review (Vol. V) [Submit by April 18]

/ By / Opportunities, Publication

We’re pleased to inform you that the National University of Advanced Legal Studies, Kochi (NUALS) Intellectual Property Law Review is inviting contributions to the fifth volume of the journal. The deadline for submissions is April 18, 2023. For further details, please read the call for papers below:   Call for Papers: NUALS Intellectual Property Law Review (Vol. V)  About CIPR, NUALS The National University of Advanced Legal Studies (NUALS) Kochi, established the ‘Centre for Intellectual Property Rights’ (CIPR) to promote

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SpicyIP Weekly Review (February 27-March 4)

/ By / Copyright, Design, Patent, Trademark

[The weekly review is co-authored with SpicyIP intern Tanvi Agarwal] Here are the quick summaries of the 7 cases and other IP developments. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them! Case Summaries  Delhi High Court injuncts defendant from using “Sona” however, imposes costs worth 10 Lakhs on the plaintiff for concealing material facts. Case: Sona Blw Precision Forgings Limited & Anr. V. Sona Mandhira Pvt.

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SpicyIP Weekly Review (February 20 – February 26)

/ By / Copyright, Patent, Trademark

[The weekly review is co-authored by SpicyIP Interns Hiranya Bhandarkar, Niyati Prabhu, Amisha Mittal and Tanvi Agarwal.] As February comes to an end, another month goes by with some interesting IP developments. Here are the quick summaries of 4 posts, 8 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include them! Highlights of the week   Spill

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Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement

/ By / Trademark

Have you ever wondered who protects the IP rights of IP lawyers? What happens when an IP firm is sued for infringing IP rights of other law firms?  SpicyIP Intern Niyati Prabhu discusses a few such instances in this guest post. Niyati is a second year student pursuing B.A.LL.B. (Hons.) from NUALS, Kochi. Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement Niyati Prabhu It is well known that companies across the world

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SpicyIP Weekly Review (February 13- February 19)

/ By / Copyright, Patent, Trademark

Last week on the blog we featured posts with nuanced discussions on burning issues surrounding patents, trademarks, and copyright. Here are the quick summaries of the 7 blog posts, along with 12 case summaries and other IP developments. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!   Highlights of the Week SpicyIP Tidbit: Madras High Court Directs the State Government to Issue a Notification for Establishing

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What if? Discussing the Elsevier Ltd. And Ors v Alexandra Elbakyan and Ors in the Multiverse of Substantive Copyright Arguments

/ By / Copyright

In an earlier post, Swaraj highlighted that despite the Sci-hub case going on for the past 2 years (see here, here, here, here  and here for previous posts on this), there has hardly been any discussion by the court on the substantive issues. SpicyIP intern Tanvi Agarwal brings us up to date on the last two orders (see here and here) regarding amendments that the defendants wanted in the written statement, and the dismissal of the application to reject the plaint.

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Interplay Between Sections 124, 47 and 57 of the Trade Marks Act, 1999: The Fault in Our Interpretations

/ By / Trademark

Recently, the Delhi High Court passed an interesting order in Anubhav Jain v. Satish Kumar Jain, holding that the rights u/s 57 of the Trademarks Act to seek rectification of the register, is independent of the rights u/s 124 which allows the defendant to seek a stay over the infringement proceedings when the validity of the trademark is raised as a defence. This interplay was the point of a previous controversy, which the Supreme Court addressed in Patel Field Marshall

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