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SpicyIP Weekly Review (November 10 – November 16)

/ By / Copyright, Others, Patent, Trademark

Last week was an exciting one, with ten blog posts covering a variety of issues, from the Delhi High Court’s decision on Section 3(i) to discussions on regulating deepfakes. We also had a post on the NCLAT’s order ousting the CCI’s jurisdiction over complaints alleging anticompetitive practices in patent disputes, and another on the copyrightability of styles. This and much more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us […]

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SpicyIP Tidbit:Trademarking BROCODE: Piqued Protectionism or Frivolous Claims?

/ By / Trademark

[The post is authored by Arshya Wadhwa. Arshya is a final year law student pursuing LL.B. She is extremely passionate about Intellectual Property Rights and law in sectors like Media and Entertainment and TMT.] The DHC recently passed an ad-interim injunction order in favor of Indospirit Beverages Pvt. Ltd., restraining Ravi Mohan Studios and its associates from using the trademark “BROCODE” as the title of their upcoming film. It is well established that the name of a film can be

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Deepfake Regulation: Same Problem, Different Approaches yet none is an Error-free Resolution!

/ By / Copyright

Adding to the discussion on proposed deepfake regulations in India (see here for a post on this by Akshat), Denmark (see here for a post on this by Arnav), and the Netherlands, Shama Mahajan analyzes the approaches adopted by these countries and examines the challenges of selecting appropriate legal frameworks to govern deepfakes. Shama is an LL.M. Candidate at the National University of Singapore, pursuing her masters in Intellectual Property and Technology Law.  Interested readers can tune in to the first

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Another One Bites the Dust – NCLAT Ousts CCI’s Jurisdiction in Patent Matters

/ By / Patent

The NCLAT’s decision in Swapan Dey v. CCI marks the latest turn in the growing reluctance to let the CCI probe allegations of anti-competitive conduct stemming from the enforcement of patent rights. Yet, as Vasundra Koul points out, intellectual property and competition law are explicitly linked. Explaining the interplay between the Competition Act and the Patents Act, she argues that courts should reconcile these regimes through coordinated, domain-expert adjudication rather than an outright ouster. Vasundra is a fourth-year student at

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Mask Off: Copyright, Deepfakes and the Commodification of the Self

/ By / Copyright

As deepfakes become increasingly accessible and realistic, countries are scrambling to find the right legal response. In this post, Arnav Mathur examines Denmark’s proposed copyright-based approach and what India could learn from it for the ongoing debates on regulating AI-generated content. He argues that Denmark’s proposal to regulate deepfakes through copyright law is conceptually flawed and risks doctrinal incoherence, overreach, and the commodification of identity. Arnav is a 4th-year B.A. LL.B student at NALSAR University of Law, Hyderabad.  Interested readers

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‘Create an Image in ____ Style’: Is the Non-Copyrightability of Style a Dogmatic Convenience or Dichotomic Confusion?

/ By / Copyright

As AI-generated art continues to blur the boundaries between imitation and originality, questions around the copyrightability of artistic “style” have come into the spotlight. Shama Mahajan explores whether style can truly be separated from expression in the context of generative AI and examines how courts have approached this question over the years. Shama is an LL.M Candidate at National University of Singapore, pursuing her masters in Intellectual Property and Technology Law. [Long post ahead.] ‘Create an Image in ____ Style’:

‘Create an Image in ____ Style’: Is the Non-Copyrightability of Style a Dogmatic Convenience or Dichotomic Confusion? Read More »

The End of the Regulatory Lacunae? Analyzing the Rajasthan High Court’s Definitive Mandate on GM Food Safety

/ By / Others

Calling out the regulatory silence on GM foods, the Rajasthan High Court has ordered the Centre to frame safety standards within six months. Hari S Narayanan takes a look at the High Court order in Kritesh Oswal vs Union of India and explains why this judicial intervention was the need of the hour. Hari S Narayanan is a PhD candidate at the Inter University Centre for IPR Studies (IUCIPRS), Cochin University of Science and Technology (CUSAT).  The End of the

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ORS Under Pressure: What The FSSAI Order Means from A Trademark Law Perspective

/ By / Trademark

After confusion over “ORS” beverages, the Delhi High Court has upheld FSSAI’s ban on using the term “ORS” for beverages that do not meet WHO regulatory standards. Vikram Raj Nanda traces the twists and turns leading to this decision and examines how trademark law and public interest interact in this case. Vikram Raj Nanda is a third year student at National Law School of India University, Bengaluru with a keen interest in IP law, Competition Law, and Arbitration. His previous posts

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The Many Faces of Personality Rights: How Courts Are Deepening the Confusion

/ By / Trademark

By extending privacy logic to commercial disputes, Indian courts may have turned personality rights into a doctrinal maze. Unpacking the decisions in Phoolan Devi v. Shekhar Kapoor and Puttaswamy, Anushka Aggarwal traces how the understanding of personality rights has evolved to its present form. Anushka is a fourth-year student at the National Law School of India University, Bengaluru. Interested readers can also check out the first episode of Let’s IPsa Loquitor on the surge of personality rights cases.  The Many

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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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