Biological Diversity

Image with SpicyIP logo and the words "Weekly Review"

SpicyIP Weekly Review (February 23 – March 1)

/ By / Biological Diversity, Copyright, Others, Patent, Trademark

Entering March with a post on whether unjust enrichment act as a residual measure for claiming compensation for the use of biological resources? Another post on the working of the National IP Pendency Elimination Karma-Mission (NIPEKM). Case summaries and IP developments from the country and the globe in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week Unjust Enrichment as a Residual Remedy for Biopiracy? Rethinking […]

SpicyIP Weekly Review (February 23 – March 1) Read More »

Unjust Enrichment as a Residual Remedy for Biopiracy? Rethinking ABS Failures Beyond MAT

/ By / Biological Diversity

Can unjust enrichment act as a residual measure for claiming compensation for the use of biological resources when contractual arrangements don’t work? Examining this legal doctrine and its relevance to access and benefit-sharing, Achyuth B. Nandan argues that, in light of varying state capacity to implement the ABS mechanism and weak user-side enforcement, unjust enrichment can act as a residual measure within the ABS framework and aid in furthering the purpose of ABS. Achyuth is a PhD candidate at Rajiv

Unjust Enrichment as a Residual Remedy for Biopiracy? Rethinking ABS Failures Beyond MAT Read More »

Image with SpicyIP logo and the words "Weekly Review"

SpicyIP Weekly Review (December 8 – December 14)

/ By / Biological Diversity, Copyright, Opportunities, Others, Patent, Trademark, Traditional Knowledge

The SpicyIP Podcast Episode 10 with Sheja Ehtesham is now live on our YouTube channel. Deadline for the 1st National Policy Brief Competition by SpicyIP and CIPAM, DPIIT has been extended to 21st December, 2025. Why we should stop using the word ‘technical’ when we talk about Section 3(k)? This and much more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.  Highlights of the Week The SpicyIP TV

SpicyIP Weekly Review (December 8 – December 14) Read More »

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 »

What the India–UK Free Trade Agreement Means for GRATK Protection: A Missed Opportunity?

/ By / Biological Diversity, Traditional Knowledge

In light of the recently concluded India-UK CETA, Achyuth B Nandan critically examines how far the FTA accommodates the protection of Genetic Resources and Associated Traditional Knowledge (GRATK). 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 Bar Council of Kerala. His previous posts can be accessed here. What the India–UK Free Trade Agreement Means for GRATK Protection: A Missed Opportunity? Achyuth

What the India–UK Free Trade Agreement Means for GRATK Protection: A Missed Opportunity? Read More »

Operationalising India’s Biopiracy Watch List: A Strategic Proposal for Inclusive Global IP Accountability

/ By / Biological Diversity

A few weeks ago, when India was featured in the 2025 USTR Section 301 Priority Watch List, Dr. Anson CJ explored the idea of whether India should come up with its own watch list to monitor biopiracy. Taking that idea forward, Achyuth B Nandan explains why the Biopiracy watchlist is the need of the hour and how it can be implemented in light of India’s Biodiversity Laws. Achyuth is an LLM candidate at Rajiv Gandhi School of Intellectual Property Law,

Operationalising India’s Biopiracy Watch List: A Strategic Proposal for Inclusive Global IP Accountability Read More »

Image with SpicyIP logo and the words "Weekly Review"

SpicyIP Weekly Review (April 28 – May 4)

/ By / Biological Diversity, Copyright, Others, Patent, Trademark

Entering May with posts on the copyright battle between musical maestros AR Rahman and Ustad F W Dagar, USTR 301 Annual Report that keeps India on ‘Priority Watch List’, settlement in the Philips-Vivo SEP showdown, and the Cryogas v. Inox judgment that misses the Section 52(1)(w) mark. Not to forget – we have begun revealing our faculty and experts for the SpicyIP Summer School. More on this here. Here’s a roundup of our blog posts, case summaries and top IP

SpicyIP Weekly Review (April 28 – May 4) Read More »

Why Should the U.S. Have All the Fun? India Must Consider Publishing a Biopiracy Watch List

/ By / Biological Diversity

In light of India featuring (again) in the “Priority Watch List” of the 2025 USTR Special 301 Report, Dr. Anson CJ explores the idea of whether India should come up with its own watch list to monitor biopiracy? Dr. Anson is an Assistant Professor at Madras Christian College, Chennai. His previous post can be accessed here. Why Should the U.S. Have All the Fun? India Must Consider Publishing a Biopiracy Watch List By Dr. Anson C J Each year, the

Why Should the U.S. Have All the Fun? India Must Consider Publishing a Biopiracy Watch List Read More »

COP 16 and the Digital Sequence Information Conundrum in Global ABS Governance: A Critical Appraisal of India’s Stance and Regulatory Gaps

/ By / Biological Diversity

Benefit sharing of DSI (Digital Sequence Information on Genetic Resources) has been a long-standing controversial issue between parties of the Biodiversity Convention. After years of negotiations, the 2024-25 Conference of Parties (COP) marked a significant step by establishing a multilateral benefit-sharing mechanism (MLS) in the form of the Cali fund. While there are still questions about the exact scope of DSI, it is generally understood to mean genetic sequences and other related molecular biological data. Achyuth B. Nandan explains the

COP 16 and the Digital Sequence Information Conundrum in Global ABS Governance: A Critical Appraisal of India’s Stance and Regulatory Gaps Read More »

SpicyIP 2024 Year End Review

A Look Back at India’s Top IP Developments of 2024

/ By / Biological Diversity, Competition Law, Copyright, Geographical Indication, Innovation, Others, Patent, Plant Variety Protection, Privacy, Trade Secret, Trademark, Traditional Knowledge

[This post is authored by – Bharathwaj Ramakrishnan, Md. Sabeeh Ahmad, Aishani Chatterjee, Swaraj Barooah, and Praharsh Gour with research inputs from Aarav Gupta, Tejas Misra, Aditi Bansal, Mansi Bhatia, Yukta Chordia, Bhuwan Sarine, Shravya Pandre, Deepali Vashist, and Malavika S. Nair.] 2024 has been an explosive year for IP developments in India, with more IP divisions coming up in different High Courts, an increasing number of IP registrations and an overall higher degree of attention on IP issues in

A Look Back at India’s Top IP Developments of 2024 Read More »

Scroll to Top