Copyright Ma(r)ximalism! 

/ By / Copyright, Others

This post is prompted by a new very provocative and ‘spicy’ article written by Benjamin Sobel for the Chicago-Kent Law Review titled “Copyright Accelerationism” (a brief summary). This paper, if I could summarise in a line or two (to the extent of being very reductionist), states that Copyright maximalism is not that bad. That it should be applied across the board to all, machines and humans equally, without fear or favour nor ill will. That if applied to its full […]

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On the Pen Losing Its Might: Contemplating the Digital News Industry’s Fate in Light of ANI v OpenAI

/ By / Copyright

On DNPA’s argument about the implications of GenAI platforms on the digital media industry—such as revenue loss, shrinking web traffic, and diminished visibility—Subhalaxmi Mukherjee examines whether these concerns are valid and discusses whether it is time for digital news industries to consider new adaptation strategies. Subhalaxmi is a third-year B.Sc LL.B. (Hons.) student at the West Bengal National University of Juridical Sciences (WBNUJS), Kolkata. She is interested in a wide range of public and commercial law subjects, including intellectual property,

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SpicyIP Weekly Review (August 18 – August 24)

/ By / Copyright, Others, Patent, Trademark

Starting off the week with a huge development – Delhi HC orders Sci-Hub to be completely blocked in India! When is ‘Imminent Infringement’ imminent? A post on the question of imminent infringement determination. Are Pre-Digital Era Copyright Assignments Valid for Today’s Modern Tech Platforms? A post discussing the position in the Indian Copyright Act on assignments. This and a lot more on last week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us

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Can Purely Religious Terms be Trademarked? The Curious Case of ‘Shree Jagannath Dham’

/ By / Trademark

On the recent controversy concerning the name of the newly inaugurated Jagannath Dham temple in Digha and reports of Shree Jagannath Temple Managing Committee (“SJTMC”) seeking to protect terms like Shree Jagannath Dham, Srimandir, Mahaprasad, Nilachal Dham and Bada Dand as trademarks, Subhalaxmi Mukherjee writes on incorrect reporting on the issue and whether these terms can be protected as IPs. Subhalaxmi is a third-year B.Sc LL.B. (Hons.) student at the West Bengal National University of Juridical Sciences (WBNUJS), Kolkata. She

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Bodhisattva v. Mayo: The DHC’s take on Trademark Infringement and the Missing Injunction Tests

/ By / Trademark

Breaking down the DHC DB decision in Bodhisattva Charitable Trust And Ors v Mayo Foundation for Medical Education and Research, on prior use and registration of a trademark, Srishti Gaur explains where the order falters with regard to assessing the three factors of interim injunction. Srishti is a third-year student at National Law University, Delhi. Her previous posts can be accessed here. Bodhisattva v. Mayo: The DHC’s take on Trademark Infringement and the Missing Injunction Tests By Srishti Gaur On 28

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Sci-Hub now Completely Blocked in India!

/ By / Copyright

Image from here, screenshot taken before the website was taken down via Court order As readers of this blog know, the story of Sci-Hub, Libgen and other shadow libraries is a never-ending tale that has now reached a possible injunctive end. In an order dated 19/08/2025 written by Justice Manmeet Pritam Singh Arora, issued the following directions: 26.1 The defendant no. 12 [i.e., DoT] and the defendant no. 13 [i.e., MeitY] are directed to issue a notification calling upon the

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[SpicyIP Tidbit] Deja Vu on Section 59? Delhi HC Allows Amendment in Albemarle, But Do the Precedents Hold Up?

/ By / Patent

(This post has been authored by Shailraj Jhalnia. Shailraj is a third year law student pursuing B.A. LL.B. from National Law School of India University, Bangalore, with a keen interest in IP Law, Arbitration and Criminal Law. His previous posts can be accessed here.) In what is becoming a familiar storyline at the IP Division of the Delhi High Court, another patent application has been revived and remanded back to the Patent Office after the Court permitted the applicant to

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Rewinding the Law: Are Pre-Digital Era Copyright Assignments Valid for Today’s Modern Tech Platforms?

/ By / Copyright

Explaining the implications of the Bombay High Court judgment in Rupali Shah v. Adani Wilmer on the assignment of rights arising from the future use of a work, Arjun Ishaan discusses the position in the Indian Copyright Act on assignments and suggests policy amendments that may grant creators limited rights to renegotiate legacy contracts. Arjun is a 3rd year student at B.A.LL.B. (Hons.) at Dharmashastra National Law University, Jabalpur. He is passionate about legal research and staying abreast of new developments

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Domain Name Ring-Fencing: Evaluation of Madras HC’s new pre-emptive twist to dynamic injunctions 

/ By / Trademark

This post is co-authored with Aditya Singh, a dear friend and a final year law student at NLSIU. Madras HC has added a new chapter to the tale of dynamic injunctions that will have salient implications for the domain name and copyright protection regime in India. Dynamic injunctions were developed as a quick remedy enabling right-holders to directly implead infringing rogue websites (Order I Rule 10 of CPC for instance, allows for additional parties to be added to the suit),

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Imminent Infringement: How far can you go? 

/ By / Patent

Be warned, Long post ahead! The Court of Appeal (COA) of the Unified Patent Court (UPC) in Boehringer Ingelheim v. Zentiva (Boehringer Ingelheim) on 13th August 2025, issued an order addressing the pretty knotty question of when a preliminary injunction should be granted when an applicant (in this case, Boehringer) claims that infringement has not yet taken place but is imminent. This is somewhat similar to a Quia timet action under Indian law, where an interim injunction is sought because

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