Finding the Real “Burger King”: Identical Marks & Prior Use in the Pune Eatery Case

/ By / Trademark

Who doesn’t love burgers? While burgers in the trademark case Burger King Co. v Anahita & Shapoor Irani excite us for the spicy IP discussions involved, courts in India also seem to express their love for whoppers by taking more than 14 years to settle the dispute. Last week, the Supreme Court bench comprising Hon’ble Justices BV Nagarathna and SC Sharma stayed an order of the Bombay High Court restraining a Pune-based eatery named “Burger King” (“petitioner”) from using its […]

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Dhanush – Nayanthara Copyright Saga Update: No Interim Relief, Yet No Mediation?

/ By / Copyright

The Dhanush – Nayanthara copyright dispute is a gift that keeps giving, with its twists and turns and every development meriting a separate post. To quickly recap, in the first post, we discussed the substantial questions in Copyright law that the litigation raises. In the second post, I covered the order which dealt with jurisdiction and the question of urgent interim relief. This post will cover another fresh procedural development that was reported in the news. Wunderbar, co-owned by Dhanush

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Right to Health and the Issue of Compulsory Licensing for Exorbitantly Priced Risdiplam

/ By / Patent

The Supreme Court recently stayed a Kerala High Court DB order directing the Central Government to bear the expenses of one month’s treatment of an SMA patient. Remarkably this is the second such order by the Supreme Court wherein it has stayed a High Court decision asking the government to take positive steps to ensure accessibility of a treatment to patients suffering from rare diseases. Looking at different flexibilities under the Patent Act, like compulsory licensing, government use etc., it

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Plagiarism and PMLA: Taking a look at the ED’s involvement in the Shankar- Tamilnandan “Enthiran” Copyright Saga

/ By / Copyright

[This post has been co-authored with Anjali Tripathi. Anjali is a fourth-year law student at JGLS with an interest in IP rights, access to education, and the creative arts. Her previous post can be accessed here.] In a big relief to movie director Shankar, the Madras High Court today stayed the Enforcement Directorate (ED)’s decision to provisionally attach his assets worth ₹10.11 crore under the Prevention of Money Laundering Act (“PMLA”), 2002. On February 20, the ED released a press

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SpicyIP Weekly Review (March 3 – March 9)

/ By / Copyright, Opportunities, Others, Patent, Trademark

Keep up with the ever changing world of IP with SpicyIP’s Weekly Review! A quick glance at last week – analysis of wrongful obtainment in the Indian patent landscape, discussing Delhi High Court’s jurisdiction in ANI vs OpenAI, and the implications of a MoU between screen writers and music composers. 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 Moving Towards a ‘Wrongful Obtainment’

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Striking the Right Chord: How the New MoU and Proposed Standard Agreement Aim to Give Screenwriters, Lyricists, and Composers Their Due Credit

/ By / Copyright

[This post has been co-authored with SpicyIP Intern Suhani Chhaperwal. Suhani is a third year law student at NLSIU who loves to write on IP and tech issues.] The recently signed Memorandum of Understanding (MoU) between the Screen Writers Association (SWA) and the Music Composer Association of India (MCAI), along with the talks of a standardised agreement for screenwriters give a huge impetus to the cause of due recognition and fair remuneration to these authors. The struggles of screenwriters, lyricists,

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Call for Submissions: Indian Journal of Law and Technology [Volume 21] and IJLT Blog (Submissions on Rolling Basis)

/ By / Opportunities

NLSIU’s Indian Journal of Law and Technology (IJLT) is inviting submissions for Volume 21 of the Journal and the IJLT Blog, on a rolling basis. For more details please take a look at their call for submissions below. Call for Papers: Indian Journal of Law and Technology [Volume 21] and IJLT Blog (Submissions on Rolling Basis) The Editorial Board of the Indian Journal of Law and Technology (IJLT) for 2024-25 is inviting original and unpublished submissions for Volume 21 of

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Moving Towards a ‘Wrongful Obtainment’ Standard Part – II

/ By / Others, Patent

In the previous post, I discussed the Indian position on wrongful obtainment and also took a small detour into UK law to understand how they resolve their entitlement claims. In this post, I will be arguing for a more systematic approach to deciding our wrongful obtainment claims based on the precedents present in UK law, and we will also discuss Markem Corp v Zipher Ltd (England and Wales Court of Appeal, 2005), which Yeda overruled and its relevance in the

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Moving Towards a ‘Wrongful Obtainment’ Standard Part – I

/ By / Others, Patent

Wrongful obtainment is an unexplored area of Patent law when compared to other, fancier and more contested topics, such as Inventive step or Subject matter exclusion. It rarely comes up for discussion, and any legal development surrounding wrongful obtainment usually goes under the radar. Hence, it was a surprise to notice two recent orders (pdf1, pdf2) dated 04/02/2025 (Sustainable Community order) and 13/02/2025 (NIT Durgapur order) of the Patent Office issued in relation to wrongful obtainment in quick succession (Thanks

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[Sponsored] CRISP (BITS Law School) Invites Applications for Innovation Law and Policy Fellowship (Extended Deadline 15 April 2025)

/ By / Opportunities, Sponsored

Centre for Research in Innovation Law for Shared Prosperity, BITS Law School is inviting applications for their Innovation Law and Policy Fellowship. The last day to send your applications is April 15 April 1, 2025. For more details see their call for applications below. CRISP (BITS Law School) Invites Applications for Innovation Law and Policy Fellowship (Extended Deadline 15 April 2025) BITS Law School (BITSLAW) has established a ‘Centre for Research in Innovation Law for Shared Prosperity’ (or, CRISP) in the BITS Pilani

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