Author name: SpicyIP

Establishment of Permanent Subsidiary Body on Article 8(j) of the CBD: A New Direction for IPLCs and Traditional Knowledge Protection?

/ By / Biological Diversity

The CBD’s recent creation of a permanent body for Indigenous Peoples and Local Communities (SB8J) marks a significant shift in how global biodiversity governance engages with traditional knowledge. But does SB8J offer real change or just renewed symbolism? Achyuth B Nandan examines this question and looks at the implications of this development. Achyuth is a PhD candidate at Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, specialising in intellectual property law. He is also a registered advocate with the […]

Establishment of Permanent Subsidiary Body on Article 8(j) of the CBD: A New Direction for IPLCs and Traditional Knowledge Protection? Read More »

Original Sin: Why Inventing Abbreviations Distorts Trademark Law

/ By / Trademark

While the battle over the word ‘choice’ rages, some basic trademark principles are being forgotten. Even though the Supreme Court referred Allied Blenders and John Distillers to mediation, Aryan Agrawal, in this guest post, explains why it is not enough. He traces the trajectory of the dispute from the Madras High Court and shows how visual spectacles might have overridden core trademark principles. Aryan Agrawal is a final-year BA LLB (Hons.) student at Jindal Global Law School. He is also

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Don’t Look to the United States: They See ‘Smell’ Differently!

/ By / Trademark

Adding to the discussion on India’s first smell mark registration, Shama Mahajan explains how the reliance placed by the Indian Trademark Registry on foreign precedents, especially the United States, is misconstrued. Shama is an LL.M Candidate at the National University of Singapore, pursuing her masters in Intellectual Property and Technology Law. Don’t Look to the United States: They See ‘Smell’ Differently! By Shama Mahajan Indian Trade Mark Registry has granted its first smell mark, for advertisement — “Floral Fragrance/Smell Reminiscent

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DPIIT releases Funding Guidelines for International IP Moot Court Competitions!

/ By / Copyright, Opportunities, Patent, Trademark

[This post is authored by Mohamed Thahir Sulaiman. Thahir is a third year BALLB (Hons) student from the National Law School of India University, with interests in corporate law and technology law. His previous posts can be accessed here.] In an exciting development for students participating in international IP moot court competitions, the Department for Promotion of Industry and Internal Trade (DPIIT), through its CIPAM Cell, has officially rolled out the International IP Moot Court Funding Guidelines (IIMCFG) 2025. This follows

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Draft GI Logo Guidelines Risk Diluting Producer Rights: A Critical Analysis

/ By / Geographical Indication

The Draft Guidelines on GI and GI Logo Usage promise greater clarity and standardisation, yet they introduce changes that could fundamentally weaken GI protection in India. Dr. Anson CJ explains that by broadening who can use GI names and logos, the draft shifts power away from actual producers and towards intermediaries. Noting the issues with the guidelines, he explains the need for a Producer-First Framework and suggests recommendations to re-centre the guidelines around the Actual GI Producer. Dr. Anson is

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[SpicyIP Tidbit] Clean Hands versus Relevant Facts – The Tale of Injunctions

/ By / Trademark

[This post is authored by Mohamed Thahir Sulaiman. Thahir is a third year BALLB (Hons) student from the National Law School of India University, with interests in corporate law and technology law. His previous posts can be accessed here.] The division bench of the Delhi High Court (“DHC”) recently refused to grant an interim injunction to Quantum Hi-Tech in a trademark infringement matter, despite finding a prima facie case of infringement of its mark “Quantum” by LG. The ruling is

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Stuck in the US Trade Standoff: Thinking About Cross-Retaliation?

/ By / Others

In light of US tariffs on Indian imports hitting unprecedented levels, how far can India go in responding to these steep measures? Exploring cross-retaliation as a possible response, Srishti Gaur explains the concept and assesses its feasibility. Srishti is a third-year student at National Law University, Delhi. Stuck in the US Trade Standoff: Thinking About Cross-Retaliation? By Srishti Gaur At a time when tariffs on US imports from India reached a staggering 50%, India found itself in a high-stakes conflict

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Written Submission Template for the 1st National Policy Brief Competition on Intellectual Property & Innovation 2025

/ By / Opportunities

The registration for the 1st National Policy Brief Competition on Intellectual Property & Innovation 2025 by SpicyIP and CIPAM, DPIIT, is in full swing, with multiple teams signing up each day. We’ve received an outstanding response, with 75+ teams having registered so far. Since the announcement of the competition, we have received a couple of emails enquiring about the structure of the written submissions and the output document. For the benefit of those who have already applied, as well as

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SpicyIP Weekly Review (November 17-November 23)

/ By / Copyright, Patent, Trademark

Here is a quick recap of the eventful week that we had. Last week, we announced the SpicyIP-jhana Blogpost Writing Competition 2025, an exciting opportunity for young IP enthusiasts to share their thoughts on the Indian IP landscape. We also had discussions on the Kenyan Court of Appeal decision refusing to reject a trademark application containing the term”Basmati” and the Delhi High Court DB’s order to pass an injunction against “Wow Burgers” holding the same to be deceptively similar to

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Succession (The Goenka Family Version): Bombay High Court Affirms Indian Express’s Primacy in Trademark Dispute

/ By / Trademark

In its recent judgment, the Bombay High Court settled the long-running conflict over the New Indian Express mark by examining the parties’ 1995 and 2005 settlement agreements. The Court ultimately granted an injunction against Express Publications (Madurai) Pvt. Ltd., limiting its use of the mark to specified territories. Explaining the family feud and the Court’s decision, Vasundra Koul explains how the Court might have failed in its interpretation of trademark principles vis-à-vis a contractual agreement. Vasundra is a fourth-year student

Succession (The Goenka Family Version): Bombay High Court Affirms Indian Express’s Primacy in Trademark Dispute Read More »

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