Whirlwind of Changes Expected in India’s Patent, Copyright, and GI Regimes as India and the UK Finally Finalize the FTA 

/ By / Copyright, Others, Patent

Running a few years behind the initial 2022 Diwali deadline, India and the UK have finally concluded their talks on the Free Trade Agreement (FTA). Projected as an “ambitious and mutually beneficial” FTA, the agreement marks a significant step for both economies. Reportedly, this is the UK’s biggest trade deal since Brexit and on the Indian side, it shifts the focus from east to west, in terms of bilateral trade partnerships, and saw India negotiating on many non-trade issues like […]

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The Indian concept of ‘derivative works’: Reframing issues in ANI v OpenAI

/ By / Others

ANI v. OpenAI is India’s first copyright challenge against generative AI. Filed in 2024, it has since drawn in other industry groups, reflecting its wide impact. As on date, the Amici Curiae, plaintiff and defendant have nearly completed their submissions (presumably on the interim application). Unfortunately, these submissions are not available to the public. The case is listed next on May 16, 2025. Generally, the case is about copyright infringement for training AI models and for AI-generated output. One side

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Parody, Trademarks, and the IPL: Analysing Delhi HC’s ruling in RCB v. Uber

/ By / Trademark

Finishing the hat trick on the IPL 2025 related IP posts, Aditya Bhargava writes on the recent Delhi High Court judgement in RCB v. Uber over the latter’s advertisement allegedly disparaging the Bangalore based team. For the previous two posts on the other IPL related controversies, covered by Sonisha, see here (on BCCI issuing notice to the “Grade Cricketer” podcast) and here (on Publishers “Champak” magazine suing BCCI for adopting an identical name for their AI Robot dog). Aditya is

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SpicyIP Weekly Review (May 5 – May 11)

/ By / Copyright, Others, Patent, Trademark

The Great Indian Cricket Festival (aka IPL) is in the IP news with the BCCI facing a trademark dispute over naming its AI dog. The BCCI has also demanded an IPL-centric podcast to remove certain images and logos used in their video content. Add to that – posts on a missed opportunity to clarify Section 3(b) by the Cal HC and the IPO, and the technically all over the place CRI jurisprudence in India. Not to forget – we have

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“Operation Sindoor” and the Misguided Idea of “Moment Trademarking”

/ By / Trademark

In these tough times of conflict, we saw numerous applications seeking a trademark over the codename of India’s military response against the Pahalgam attack- “Operation Sindoor”. To comment on the surge in these applications, we invited Mr. Sunil Jose to share his views on whether the Trademarks Act allows such applications or not. Mr Jose is a Professor of Practice (Law) at Alliance University, Bangalore and Founder, Suns Legal IP Law Firm, Kochi. He is available at- brandlawyer(at)gmail(dot)com. “Operation Sindoor” and

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ITC vs Controller of Patents: A missed opportunity in clarifying Section 3(b)

/ By / Others, Patent

Long Post Ahead! The Indian Patent Office has its own jurisprudence regarding nicotine/tobacco-related inventions. Bloggers have earlier noted instances wherein the patent office has rejected nicotine/tobacco-related patent applications as violating Section 3(b) (see here, here and here).  While we all were eagerly waiting for the Delhi HC to give its judgement on one such instance, the Calcutta High Court in ITC vs Controller had set aside an order from the Patent Office which had ostensibly refused grant for a nicotine/tobacco-related

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The Champak Controversy: How “Naming A Dog” Led BCCI Into A Trademark Tussle

/ By / Trademark

Recently, the BCCI has been dragged to the Court by the publisher of the popular children magazine “Champak” over adopting an identical name for their AI robot dog. Although the Delhi High Court has issued notice in the case, as per media reports it seems like the plaintiff has made a glaring omission of not adding Section 29(4) in their plaint! SpicyIP intern Sonisha Srinivasan, in her second post on the IP controversies arising out of this year’s IPL season,

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SpicyIP Tidbit: Fair Dealing or Foul Play? Copyright Claims in An IPL Breakfast Show

/ By / Copyright, Trademark

[This post is authored by SpicyIP intern Sonisha Srinivasan. Sonisha is a 4th year law student at School of Law, Christ (Deemed to be) University, Bangalore. She is keenly interested in Research, Intellectual property Law, and Media and Entertainment Law.] When “Cricket” meets “Copyright”, sometimes even “Breakfast [podcast] shows” are bowled out. This is in the context of an interesting dispute that involves “The Grade Cricketer” podcast hosted by Sam Perry and Ian Higgins, which had been running a show

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Comments Invited for Draft Guidelines on Similar Biologics

/ By / Drug Regulation

On May 6, the Central Drug Standard Control Organization published the draft version of the Revised Guidelines on Similar Biologics, inviting comments from the concerned stakeholders. These guidelines were prepared after a Committee composed of technical subject experts, representatives from the National Institute of Biologics, Dept. of Biotechnology, and representatives from industries manufacturing similar biologics. As explained in the introductory pages, the guidelines are revised in light of advances in scientific knowledge and to update the existing guidelines in light

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Image of the flowchart showing the various technical tests used in interpreting S.3(k). Accessible version within the post below.

The State of CRI Jurisprudence in India – “Technically” All Over the Place

/ By / Patent

Some years ago, I had traced out two decades of the ‘confusingly confounding’ regulation of software patents in India. The “ping-ponging” journey traced in that post seems to have been a precursor for the judicial fragmentation that Section 3(k)’s interpretation would soon see. Last week, as a few of us (Bharathwaj Ramakrishnan, Yogesh Byadwal, Anushka Dhankar and myself) were putting together comments for the 2025 Draft Computer Related Inventions (CRI) Guidelines and after some grueling work going through as many

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