Author name: Swaraj Paul Barooah

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Comments to the DPIIT on their GenAI – Copyright Working Paper 1

/ By / Copyright

As most in the IP world would’ve noticed over the last two months, there’s been much discussion around the Working Paper on Generative AI and Copyright (Part 1), with its ambitious subtitle “One Nation One License One Payment – Balancing AI Innovation and Copyright”. The 125 page report (available here) is focused on ‘the legal issues relating to the use of copyright-protected works as training data for GenAI systems’, while part 2 (yet to be published) will focus on ‘the […]

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Online Symposium on the Book “IP Debates in South Asia” (17th Jan)

/ By / Event, Others, Publication

In one of the first works of its kind, a recent publication edited by the wonderful Dr Pratyush Nath Upreti (Queens University, Belfast), brought together a number of IP scholars to examine the IP developments and debates that have taken place in South Asia. As Prof Gangjee notes in the forward, “a central aim of this book is to document current initiatives and imagine future possibilities for creating more equitable and inclusive intellectual property regimes across the regime”. He emphasises

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Bulldozer Justice comes to the Digital Sphere: Looking at the GenAI-Copyright Report

/ By / Copyright, Others

As readers of the blog are aware, the DPIIT formed a Committee to examine the intersection of Generative AI and Copyright, and this Committee recently released their report. There have been many pieces by now that have discussed the 125 pages of the paper, so I will not spend much e-ink re-visiting all that’s said in there. For anyone who has yet to catch up on the report, some links are inserted in the discussion below. My attempt to essentialise

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Let’s IPsa Loquitur: The Personality Rights Debacle – Whose Face Value Is It Anyway?

/ By / Copyright, Overlaps in IP, Podcast, Privacy

Regular readers (and now, viewers!) would’ve seen the launch of our SpicyIP TV series with the Summer School edition, where we spoke with many of the fantastic faculty members who had come to generously spend their time with our summer school students. That series (still on-going, with more to come), is geared especially towards those who are interested in the state of legal education as well as various ways of approaching how to build one’s career in IP and related

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Pic of Murali Neelakantan and Sonisha Srinivasan chatting

Announcing SpicyIP TV! The SS Edition: Episode 1 with Mr Murali Neelakantan

/ By / Others, Podcast

A few months ago, in the green environs of the inaugural edition of the SpicyIP Summer School (held at the lovely campus of ECC, Whitefield, Bengaluru) , we had the golden chance to sit and engage with so many interesting, and interested, minds. As course-participants took the opportunity to sit back with many of the faculty and engage in hours of discussion about careers, life, law and more, we too took the opportunity to kickstart something we’ve been wanting to

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The SciHub Saga! Miles to Go While We Sleep

/ By / Copyright

The Delhi High Court, on 19th August, decided to block access to Sci-Hub and Sci-Net, two prominent online shadow libraries. Bharathwaj, in a short post, has provided a quick overview of this case. The facts of the case and surrounding history can be found here. The case has been discussed on the blog earlier here, here, here, and here. The current outcome, was to say the least, on expected lines, even if the method it reached here raises questions. So,

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Event Report of the Inaugural SpicyIP Summer School!

/ By / Copyright, Drug Regulation, Event, Patent, Trade Secret, Trademark

Last month saw SpicyIP converting a long-standing idea into reality, with the successful completion of the 2025 SpicyIP Summer School! An idea that had first been mooted maybe a decade or so ago by Shamnad, it was something that we had just not been able to get to for various reasons. This year too, as we moved close to March, we had almost given up on trying for it this year. But fortunately, a conversation with Dr Zakir Thomas took

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Image of the flowchart showing the various technical tests used in interpreting S.3(k). Accessible version within the post below.

The State of CRI Jurisprudence in India – “Technically” All Over the Place

/ By / Patent

Some years ago, I had traced out two decades of the ‘confusingly confounding’ regulation of software patents in India. The “ping-ponging” journey traced in that post seems to have been a precursor for the judicial fragmentation that Section 3(k)’s interpretation would soon see. Last week, as a few of us (Bharathwaj Ramakrishnan, Yogesh Byadwal, Anushka Dhankar and myself) were putting together comments for the 2025 Draft Computer Related Inventions (CRI) Guidelines and after some grueling work going through as many

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Book Review: Overlapping Intellectual Property Rights 2nd Edition

/ By / Overlaps in IP

We’re very happy to bring to our readers a review of one of the last (to reach completion, at least) pieces of work that our founder, Prof Basheer had been working on prior to his passing. Started in 2018, the 2nd edition of Overlapping IP Rights (OUP) was brought to completion in 2023 by his co-editor, the inimitable Prof Neil Wilkof, along with Prof Irene Calboli who came on as a co-editor following Prof Basheer’s demise. The book, a follow

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A Patent System’s Job is to Incentivize More Innovation, Not Merely More Patents: Looking at the New Patent (Amendment) Rules- Part II

/ By / Patent

[This post is co-authored with Praharsh.] In part I of the post we discussed the implication of the new patent amendment Rules on the obligation to file working statements and information on corresponding foreign applications to the Indian patent applications. In this part we shall discuss the implications of the Rules on Pre-grant Opposition mechanism.  Pre-grant Oppositions On the issue of pre-grant oppositions, it is to be noted and appreciated that the published rules have taken into consideration some of

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