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A Big Win for Dalit Researchers: Implications for IP

/ By / Copyright, Overlaps in IP

[Long Post ahead!] In Nov. 2023, the Bombay HC (Nagpur Bench) delivered a salient judgement, with significant implications for both the SC/ST Act and “Intellectual Property”. Rightfully, the case was highlighted for its positive outcome in providing monetary relief to the Dalit researchers for the theft of their research data. However, while the case is certainly a situation of just and deserved outcomes, the jurisprudential path the case took brings up some concerns that have gone unscrutinised —can research data, often uncopyrightable […]

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[Part II] Assessing DHC’s Finding on Piercing the Corporate Veil and Damages in the Amazon Case

/ By / Trademark

[This post is authored by Khushi Jain and Vishno Sudheendra. Khushi is a third-year B.A., LL.B (Hons) student at the National Law University Delhi with a keen interest in the intersection of law and policy. Vishno is a third-year B.A., LL.B (Hons) student at the National Law School of India University, Bangalore with a keen interest in various aspects of IPR and technology law.] In Part I, we examined the Delhi HC’s method of imposing liability on Amazon Technologies, Inc.

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[Part I] Safe Harbor in Jeopardy? Why the Delhi HC’s Amazon Verdict Raises Red Flags

/ By / Trademark

[This post is authored by Khushi Jain and Vishno Sudheendra. Khushi is a third-year B.A., LL.B (Hons) student at the National Law University Delhi with a keen interest in the intersection of law and policy. Vishno is a third-year B.A., LL.B (Hons) student at the National Law School of India University, Bangalore with a keen interest in various aspects of IPR and technology law.] In a recent judgment on February 25, 2025, the Delhi High Court (“DHC”) in Lifestyle Equities

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Arcturus Therapeutics Inc v. Assistant Controller: The Court Reminds the Patent Office to Give Reasons

/ By / Patent

[The Post has been authored by SpicyIP Intern Suhani Chhaperwal. Suhani is a third-year law student at NLSIU who loves to write on IP and tech issues. Her previous posts can be accessed here.] After a plethora of orders over the last couple of years (see below) directing the Controller to pass reasoned orders, on February 24, we saw another drop in this bucket. The Controller had rejected a patent application by Arcturus Therapeutics for the applicant’s inability to file

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SpicyIP Weekly Review (March 17 – March 23)

/ By / Copyright, Others, Patent, Trademark

Keep up with the ever changing world of IP with SpicyIP’s Weekly Review! A quick glance at last week – the first instance of AI hallucination in a judicial order, Delhi HC’s order in PPL v. Azure that has further muddied already murky waters concerning the interplay between Sections 30 and 33 of the Copyright Act, and the Delhi HC ordering the removal of Zepto mark from the trademark registry. This and much more in this week’s SpicyIP Weekly Review.

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Delhi High Court Zaps Identical “Zepto” Mark Out of the Register

/ By / Trademark

[The Post has been authored by SpicyIP Intern Suhani Chhaperwal. Suhani is a third-year law student at NLSIU who loves to write on IP and tech issues. Her previous post can be accessed here.] In an age where delivery apps have taken over the world, quick commerce apps like ZEPTO have set new standards for convenience by delivering groceries in minutes, much like Gen Z’s patience for waiting. Like their app ZEPTO, Kiranakart Tech doesn’t seem to believe in delay,

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Phantom Precedents: When AI Hallucinations Invade Judicial Reasoning

/ By / Copyright, Others

[This post is authored by SpicyIP intern Anushka Dhankar. Anushka is a third-year student at the National Law School of India University. She is interested in the AI/copyright interface and hopes to pursue a career in IP litigation, with a dash of AI policy on the side. Long post ahead.] As many of you may have read, last December, we saw the first instance of AI hallucination issues assailing administrative orders! The Bengaluru bench of the Income Tax Appellate Tribunal

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SpicyIP Tidbit: Defendant’s use Tips the Scales in DHC’s Ruling on Ex-Parte Injunctions

/ By / Trademark

[This post is authored by SpicyIP intern Anushka Dhankar. Anushka is a third-year student at the National Law School of India University. She is interested in the AI/copyright interface and hopes to pursue a career in IP litigation, with a dash of AI policy on the side.] Recently, a Division Bench (“DB”) of the Delhi High Court (“DHC”) clarified the evolving jurisprudence on ex-parte interim injunctions in ITC v. Adyar Gate Hotels. Hearing an appeal against an injunction against passing

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Lawful Owners or Private Licensing Cartels? The Latest Development in the S.33 v. S.30 Saga

/ By / Copyright

The Delhi High Court on March 3 granted an interim injunction to PPL against Azure, restraining the latter from playing PPL’s sound recordings in their restaurants. Highlighting Azure’s argument that PPL is not a copyright society and thus, cannot license out these recordings, SpicyIP intern Anushka Dhankar argues that the judgement fails to substantively engage with previous interpretations of different courts on this issue and thus leaves the controversy still unaddressed. Anushka is a third-year student at the National Law

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COP 16 and the Digital Sequence Information Conundrum in Global ABS Governance: A Critical Appraisal of India’s Stance and Regulatory Gaps

/ By / Biological Diversity

Benefit sharing of DSI (Digital Sequence Information on Genetic Resources) has been a long-standing controversial issue between parties of the Biodiversity Convention. After years of negotiations, the 2024-25 Conference of Parties (COP) marked a significant step by establishing a multilateral benefit-sharing mechanism (MLS) in the form of the Cali fund. While there are still questions about the exact scope of DSI, it is generally understood to mean genetic sequences and other related molecular biological data. Achyuth B. Nandan explains the

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