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SpicyIP Weekly Review (December 29 – January 4)

/ By / Copyright, Others, Patent, Trademark

Starting 2026 with India’s top IP developments of 2025! 3 new posts for our readers, criticising the DPIIT AI-Copyright Working Paper. A post on the SHANTI Act, the possibility of getting patents for peaceful uses of nuclear energy. 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 A Look Back at India’s Top IP Developments of 2025  What a year it […]

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A Look Back at India’s Top IP Developments of 2025

/ By / Competition Law, Copyright, Data Exclusivity, Design, Drug Regulation, Geographical Indication, Innovation, Patent, Plant Variety Protection, Podcast, Trade Secret, Trademark

[This post is completely human authored 🙂 These humans include – Praharsh Gour, Vasundra Koul, Arshiya Gupta, and Vikram Raj Nanda. Selection and Supervision by- Praharsh Gour, Swaraj Paul Barooah, and Bharathwaj RamakrishnanResearch Inputs from Yohann Titus Mathew, Riddhi Yogesh Bhutada, Ayush Shetty, Sumit Kumar Singh, Shailraj Jhalnia, Himanshu Mishra, Bhavya Gupta, Aali Jaiswal, Anushka Kanabar, Srishti Gaur, Arshya Wadhwa, and Daanish Naithani.] 2025 was quite an eventful year. On the judicial side, we saw a variety of novel developments, such

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‘Peace’ on the Nuclear Front? Analysing the Upheaval in the Nuclear Energy Patents Regime Through SHANTI Act

/ By / Patent

Base Photo by Zac Durant on Unsplash India’s nuclear energy legal framework is undergoing a complete makeover with the recent passing of the SHANTI (Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India) Bill  in the Parliament, and the subsequent assent by the President on 20th December. The SHANTI Act (SA)  has replaced the Atomic Energy Act 1962 (AEA) and the Civil Liability for Nuclear Damage Act 2010 and is the product of a policy shift in nuclear energy

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Spicy IP Weekly Review (December 22- December 28)

/ By / Copyright, Patent, Trademark

This weekly review is authored by Vikram Raj Nanda.  From ‘bulldozer justice’ entering the Gen-AI copyright debate to courts pushing back against overbroad foreign discovery requests, this week brought some sharp IP questions to the fore. Also, if you still haven’t sent your submission yet for the SpicyIP-Jhana Blogpost Writing Competition, this is the chance to do so! The deadline is 11:59 PM IST on 30th December. Anything we are missing out on? Drop a comment and let us know.

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Drawing the Line on What a Foreign Court Can Ask: Madras High Court Pushes Back on U.S. Letters Rogatory in the Softgel v Pfizer Appeal

/ By / Patent

The Madras High Court’s decision in Softgel Healthcare Pvt. Ltd. v. Pfizer Inc. revisits the limits of cross-border judicial cooperation in patent litigation. Tharun Tomy analyses the Division Bench judgement and notes that the ruling draws a clear line on when Indian courts may refuse assistance to foreign courts seeking evidence through Letters Rogatory, while also pointing out a few misses in this otherwise well-reasoned order. Tharun is an advocate and PhD candidate at Inter University Centre for IPR Studies,

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SpicyIP Weekly Review (December 15-December 21)

/ By / Copyright, Patent, Trademark

This weekly review is authored by Vikram Raj Nanda. From unpacking the ‘laconic’ order of the IPO in Tapas Chatterjee, to the resurfacing of data exclusivity debates amidst the India–US FTA talks, and flagging trade secret concerns in the Sanchar Saathi application – this week had it all. Also, the 11th Episode of the SpicyIP Podcast Summer School Edition is now live on the YouTube Channel. In this Episode Sonisha sits with Mr. Ashwani Balayan where they talk about his

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When Orders don’t Speak: Analysing Tapas Chatterjee vs Controller 

/ By / Patent

Image from here The recent judgment of the Division Bench in Tapas Chatterjee v. Assistant Controller of Patents and Designs (Tapas) had caught the headlines for taking the Indian Patent Office (IPO) to task for issuing an unreasoned order or in the words of the Court a ‘laconic’ order (‘Laconic’ means –using or involving the use of a minimum of words: concise to the point of seeming rude or mysterious).  The word itself has an interesting etymology tracing its origins

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Part II- Disentangling Infringement and Disclosure in Novo: Should we continue to Celebrate Novartis? 

/ By / Patent

Part II of the Novo v. Dr. Reddy judgement will shift the spotlight to prior claiming under sec. 64(1)(a). The inspiration to write this post came from a 2013 guest post by Darren Smyth, who was kind enough to have an hour long discussion with me on his post. The comments on that post, itself, are a trove of treasure with a long back-and-forth between Smyth and Prof. Basheer.  In that post, Smyth, criticizing the Novartis v. UOI ruling, made a crucial point – “What

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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

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Why we should stop using the word ‘technical’ 

/ By / Patent

Thanks to Swaraj and Yogesh, conversations with whom on this very ‘technical’ topic served as an inspiration for this piece. I know that the title sounds radical, but hear me out. There has been a flurry of cases in recent times discussing the scope of Section 3(k). All of these cases have, at various instances, come up with different tests/formulations that have one thing in common: the word ‘technical’ appended to the front. This form of technicalism, or the utilisation

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