[Part II] Obiter > Ratio: The Good and Bad in the First Two American Decisions on Generative AI and Copyright

Following the discussion on Judge Alsup and Judge Chhabria’s findings in Anthropic and Meta cases respectively on lawfulness of the acquired copy, Akshat Agrawal discusses their findings on market dilution and assesses these findings from the lens of the Indian Copyright law. Akshat is a practicing litigator working at Saikrishna and Associates. He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. His previous posts can be found here. He adds the following disclaimer: After some discussion around […]

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[Part I] Obiter > Ratio: The Good and Bad in the First Two American Decisions on Generative AI and Copyright

On the recent decisions by the Court in the Northern District of California on the copyright vs. Gen AI debate, Akshat Agrawal highlights the conflicting findings of the judges on fair use in this two-part post. In Part I, he examines the disagreement between the judges on the ‘lawfully acquired first copy’ requirement under the fair use exception, from the lens of the Indian Copyright law. Part II will discuss the findings on the market dilution theory. Akshat is a

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SpicyIP Weekly Review (June 23- June 29)

And that’s a wrap on the inaugural edition of the SpicyIP Summer School! After a dynamic week packed with discussions on IP law and valuable life lessons, the first-ever SpicyIP Summer School concludes on a high note. Last week also featured a two-part post delving into the new performance metrics recently adopted by the Patent Office. Highlights of the Week First Ed. of the SpicyIP Summer School Wraps up! After a rigorous week of intense sessions on Pharma and creativity,

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[Part II] – New Performance metrics might be in place in the IPO!

In the previous post, we had discussed the new OO 537/2025 that is allegedly in place to measure the performance of patent officials. I discussed the metrics in detail in the context of how it incentivises issuing reasoned orders in some instances, while not in other instances. In this post, I will discuss the need for a reasonableness checklist, how the metrics apply to PGO and finally what it means for patent quality. Moving towards a reasonableness checklist:  Questions need

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[Part I] – New Performance metrics might be in place in the IPO!

While I was railing against the Indian Patent Office’s (IPO) Order 34/2016 in a previous post, the IPO might have silently put in place a more comprehensive point-based system to measure the performance of both Examiners and Controllers. This new Office Order (Office Order 537/2025 or OO 537/2025) overrides Order 34/2016 and takes effect from 09/05/2025. Unfortunately, this information was not made public, and I was railing at an order which might have been overruled and is not in effect.

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SpicyIP Weekly Review (June 16 – June 22)

Starting this week with some delightful snapshots for our readers from the SpicyIP Summer School which kicked off with intriguing sessions by Murali Neelakantan and Sandeep Rathod!  Is IndiaMART a marketplace or a directory? – Post on Delhi HC’s granting of interim injunction against IndiaMART. Post on Delhi HC’s domestic injunction against Dr Reddy’s weight loss drug. Do payments for cloud computing services to AWS constitute “royalty”? – Post on Delhi HC’s judgment on the issue. This and much more

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Not “Well-Known” Enough? What the Bombay HC’s Decision On TikTok Tells Us About Well-Known Marks

Banned in June 2020 on the grounds of national security, popular short-form video-sharing platform TikTok is no stranger to controversy in India. Continuing this saga, last week, the Bombay High Court (“the Court”) denied recognition to the registered trademark “TikTok” as a “well-known mark” (under Rule 124, Trademark Rules, 2017). Defined in Section 2(zg) of the Trade Marks Act, 1999 (“the Act”), a “well-known trade mark” in relation to any goods or services, refers to a mark that has become

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Panel Discussion: The Future of Affordable Biosimilars in India

TWN invites you to a panel discussion on the future of affordable biosimilars in India. The discussion will take place on June 23, 2025 at 3:30 PM – 5:00 PM. For more details check out their concept note below :- Panel Discussion: The Future of Affordable Biosimilars in India Biosimilars are a lifeline for patients in need of affordable, life-changing biologic therapies for conditions such as cancer, autoimmune diseases, and diabetes—especially in countries like India, where the high cost of

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Dark Patterns in the Spotlight as CCPA Pushes for Platform Accountability

On the recently released advisory by CCPA directing e-commerce platforms to detect dark patterns, SpicyIP Intern Anureet Kaur explains the mode of operation under the advisory and assesses its effectiveness. Anureet is a second-year B.A. LL.B. (Hons.) student at Rajiv Gandhi National University of Law, Punjab. She has a keen interest in Intellectual Property Law and enjoys exploring the intersection of legal principles with innovation and creativity through research and writing. Her previous posts can be accessed here. Dark Patterns

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A Stumble on the Tightrope?: How the Delhi High Court’s Ruling in Zeria Pharmaceuticals Could Stifle Innovation

The Delhi High Court recently dismissed an appeal against the Controller’s order rejecting a patent for an intermediate on the grounds of Section 3(d). Analysing the Court’s decision, SpicyIP intern Ayush Shetty argues how the Court might have erred in applying the provision by comparing the intermediate with the final product. Ayush is a fourth-year law student at the National Law School of India University, Bangalore, with a keen interest in patent law. A Stumble on the Tightrope? How the

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