Overlaps in IP

The Ghost of Section 100’s Past!

/ By / Drug Regulation, Others, Overlaps in IP, Patent

As Halloween approaches, a particular editorial at ET seems spooked by the prospect of lawful and equitable access to medicines! In doing the opposite of what its title suggests, ‘Protect Patients and Patents Smartly’, the editorial piece published on October 15, 2026 is an unfortunate example of legal misinformation and misinterpretation, stuck in the old binary of access versus patent. This published piece runs contrary to years of judicial wisdom, contradicts itself, conflates different legal questions and advocates for a

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Ribociclib: Access to Medicine Collides with Patent, Price and Policy

/ By / Drug Regulation, Overlaps in IP, Patent

In this co-authored post, Ambika and Rishabh break down the recent Kerala High Court ruling on government use of patented inventions under Section 100 and situate it in the broader context of other Ribociclib patents and pending litigations that will impact the drug’s access; all this, at a time when patent enforcement and drug pricing rules might be changing. The judgment’s epilogue references popular cinema for recall value (see pg 56 here), but the real blockbuster of this story is

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Remembering Prof. (Dr.) Pinaki Ghosh, WBNUJS IP Chair Professor

/ By / Geographical Indication, Others, Overlaps in IP

Image Source: WBNUJS Website It is with profound sadness that I inform you of the passing of Prof. (Dr.) Pinaki Ghosh, erstwhile WBNUJS IP Chair Professor. Dr. Ghosh, had been at the university since 2019 as its DPIIT IP Chair Professor till 31st March 2026. He died at the age of 61 after a prolonged illness. As reported by his colleagues, during his tenure, nearly 24 Geographical Indication applications were taken forward with his significant involvement at the University. I

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Announcing the book “Fractures in IP, Trade, and Health: Centering a Public Health Framework”

/ By / COVID-19, Overlaps in IP, Patent, Publication

After a few years (!) of discussing these developments bit by bit (across US-India timezones), and weaving together thoughts and issues that we’ve also separately been writing on over the last few years, I’m thrilled to say that Prof Srividhya Ragavan and I have just published our book titled “Fractures in IP, Trade, and Health: Centering a Public Health Framework” (OUP 2026). The book is available on Oxford Academic’s online platform here or for purchase here. An Indian edition is

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A Personality Too Spiritual for Satire?

/ By / Copyright, Others, Overlaps in IP, Privacy, Trademark

I had underestimated how much of the personality rights space in India is one big, vague, wild west! The personality rights order passed by the Delhi High Court in favour of the plaintiff, Anil Kumar Tiwari (aka Aniruddhacharya Ji Maharaj) shows what happens when an already confusing jurisprudence continues to develop without guardrails: IP law protections are claimed for ineligible content; social commentary based on meme-culture collides with ambiguous private rights; and, doctrinal confusion continues to blur the scope of

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Ready, Set, Enclose? India’s Sports-IP Waiver and the Problem of Turning Play into Property

/ By / Overlaps in IP

The Government’s new fee waiver for “sports-related” IP registrations appears, at first glance, to be straightforward. But beneath the news lies a deeper question: what exactly is “Sports IP,” and what kinds of ownership, exclusivity, and control is the State choosing to subsidise through this policy? Aryan Agrawal argues that the waiver is significant not just as an innovation measure but as part of a broader movement toward the enclosure of sporting culture, fandom, and access. Aryan is a final-year

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From Blueprints to Bistro: Rethinking Culinary Creativity After Cryogas

/ By / Copyright, Design, Overlaps in IP

What happens when creativity is both functional and aesthetic at the same time? The Supreme Court’s decision in Cryogas Equipment Pvt. Ltd. v. Inox India Ltd., though rooted in industrial design law, raises a larger question about forms of expression that do not fit neatly within existing IP categories. Nidhi Jaiswal uses culinary plating as a lens to explore how copyright and design law may leave certain kinds of creative labour structurally under-protected. Nidhi is an LL.M. candidate at Rajiv

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Copyright Enforcement in the Gaming Industry: Key Takeaways from the University of Geneva’s 2026 IP Conference from an Indian Observer’s Perspective

/ By / Copyright, Design, Overlaps in IP, Trademark

As the global gaming industry evolves far beyond entertainment into a sophisticated IP ecosystem built on software, art, music, branding, and competitive digital economies, conversations on questions of classification, cloning, and enforcement are becoming increasingly relevant. Reflecting on his experience attending the University of Geneva’s 2026 IP conference, Dhritiraj Paul Choudhary explains how jurisdictions across the world are actively rethinking copyright enforcement and classification in response to the commercial and technological realities of modern gaming, while Indian copyright jurisprudence has

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Part I: Flower Nahi, Fire: Delhi HC Waters the Wrong Rights (Again!) 

/ By / Copyright, Others, Overlaps in IP, Trademark

Recent personality rights orders from the Delhi High Court continue to push the doctrine into uncertain territory, with the latest ruling in favour of Allu Arjun marking a particularly sharp turn. In Part I of the two-part post on the order, Dr. Aakanksha Kumar argues that by characterizing the likeness of the actor as “copyrights of the plaintiff”, the Court collapses distinct IP doctrines into an overbroad conception of “personality rights,” raising serious concerns for copyright and publicity jurisprudence in

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The SpicyIP TV Podcast SS Edn: Ep 09 with Dr. Kailash Nadh on Reimagining Copyright, Tech Sovereignty, Open Source, and Innovation

/ By / Copyright, Others, Overlaps in IP, Patent, Podcast

In the 9th episode of the SpicyIP Podcast Summer School Edition, it was a privilege to speak with Dr. Kailash Nadh, a major proponent of Free and Open Source Software (FOSS) in India, who many know as the CTO of Zerodha. It was a great learning experience for us as students to have him at the Summer School, where he took a session under the trees discussing Open Source software and technology sovereignty, nudging students to re-think IP in the

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