Human Intervention vs. Essentially Biological Processes: The Patentability Debate in Sakata Seed Corporation Case

/ By / Patent

Breaking down the Madras High Court’s decision in Sakata Seed Corporation v. The Controller of Patents and Designs, Kartikeya Srivastava, discusses interpretation of biological processes under Section 3(j). Kartikeya is a second-year law student of the LL.B. course at NLSIU Bangalore. Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health.  His previous […]

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A Closer Look at the Patent Stats from WIPO’s 2024 IP Indicator

/ By / Patent

Recently, WIPO published its 2024 IP Indicator, capturing the trends in the global IP filing and their administration. The 2024 Indicator focuses on the developments from 2023 and compares it with the figures from 2022. As the name suggests, the report features facts and figures about different types of IPRs, but this post is limited to the numbers on Patents, specifically focusing on data about the Indian patent regime.  India Specific Figures More Applications and More Grants   The biggest highlight

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SpicyIP Tidbit: DPIIT Hits Pause on Public Notice concerning Music Playing at Weddings Amid Novex Case Appeal

/ By / Others

Namaskar. Remember the Goan circular concerning section 52(1)(za) of the Copyright Act, 1957, saying no permission is required to perform music at religious ceremonies, including weddings and its connected social events, which was later revoked? And many other stories of the provision we’ve commented on in the past? Well, we now have a “new” twist in this story …  The news is that DPIIT has issued a new notification that puts the previous 24th July 2023 Public Notice on hold

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ANI Media v. Open AI : The Opt-Out Strategy

/ By / Copyright

[This post is authored by Akshat Agrawal. 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 an earlier draft and an admitted history of verbosity, I would also like to acknowledge the usage of Claude.ai for helping me re-frame the draft more succinctly and in a reader friendly

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Analysing Dipak Ranjan Mukherjee vs. Ministry of Commerce & Industry in Context of Transparency, Privacy and the RTI Act

/ By / Copyright

In an interesting development, the CIC recently rejected an RTI application concerning information on IPRS’ compliance with the Copyright Act, upholding privacy for private organizations and confidentiality of inquiry reports that have not been tabled in front of the Parliament. SpicyIP intern Kartikeya Srivastava analyses this decision from the lens of underlying public interest in the information sought and comments on the dilution of the RTI Act under the guise of privacy. Kartikeya is a second-year law student of the

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SpicyIP Tidbit: Delhi High Court Issues Notice to OpenAI in the ANI Copyright Infringement Case

/ By / Copyright

ANI logo. Image from here As highlighted yesterday, the first hearing in the ANI MEDIA PVT LTD  V/s OPEN AI INC & ANR. took place today with the Delhi HC issuing summons to OpenAI. As reported by Bar and Bench, ANI sought an interim injunction against the unauthorised use and storage of its copyright work by Open AI to train its large language models (LLMs) -ChatGPT. ANI alleged that such use constitutes copyright infringement and thus filed the present suit

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The Beginning of AI-Copyright Litigation in India?: ANI vs OpenAI in DHC Tomorrow

/ By / Copyright

AI litigation seems to have reached India! Readers will be interested to know that ANI MEDIA PVT LTD  V/s OPEN AI INC & ANR. has been listed before the IPD Bench of Justice Amit Bansal at Delhi High Court tomorrow (November 19, 2024 – Court Number 45, Item No. 39). Aditi Agrawal from Hindustan Times has reported that ANI has alleged OpenAI of exploiting its content to train its Large Language Models (LLMs) and that ChatGPT (OpenAI chatbot) produces ANI’s

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Image with SpicyIP logo and the words "Weekly Review"

SpicyIP Weekly Review (November 11-November 17)

/ By / Copyright, Innovation, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on Delhi High Court’s order in Dabur v. Alpino, WIPO’s report on diversification and economic development, and the dispute between Samsung and its trade union over the use of “Samsung” in the Union’s name. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.  Highlights of the Week Don’t Offend

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(SpicyIP Tidbit) “Horn OK Please” Copyright Dispute: BHC Grants Interim Injunction Against the Venue Owner SAI, Leaving Questions About the Organizers Unaddressed.

/ By / Copyright

[The post is co-authored by Deepali Vashist and Praharsh Gour. Deepali is a third-year law student at NLSIU Bangalore. Her passion lies in understanding the intersections of AI regulation and intellectual property rights. Her previous post can be accessed here.] In an interesting turn of events, the Bombay High Court on 12th November 2024, granted an quia timet interim injunction against the Sports Authority of India (SAI), a government body, restraining it from unauthorized use of Phonographic Performance Limited (PPL)’s

(SpicyIP Tidbit) “Horn OK Please” Copyright Dispute: BHC Grants Interim Injunction Against the Venue Owner SAI, Leaving Questions About the Organizers Unaddressed. Read More »

Diversification and Economic Development: Insights from the WIPO “Making Innovation Policy Work for Development” Report 2024

/ By / Innovation

In May 2024, WIPO published a report titled “Making Innovation Policy Work for Development” on the need for economies to diversify for better utilization of knowledge and eventually economic prosperity. SpicyIP Intern Deepali Vashist discusses the key aspects of this report and its observation on India. Deepali Vashist is a third-year law student at NLSIU Bangalore. Her passion lies in understanding the intersections of AI regulation and intellectual property rights. Diversification and Economic Development: Insights from the WIPO “Making Innovation

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