Sufficiency of Disclosure and Patent Rejections

/ By / Patent

Can the Patent Office reject a patent application on one ground and decline to analyse the rest in the name of efficiency? Using the Bombay High Court’s ruling in [Edit: fixed an error in the case name] JFE Steel Corporation v. The Assistant Controller of Patents & Designs, Priyam explores the limits of judicial economy in rejection orders, along with issues relating to insufficient disclosure and foreign prosecution history. Priyam is a 3rd-year student at the National Law School of India […]

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White Noise: Pantone’s Cloud Dancer, and the Politics of Colour

/ By / Trademark

Pantone’s latest choice for its annual “Colour of the Year,” titled “Cloud Dancer,” a shade of stark white, has triggered an unusually sharp backlash, revealing that colour is never merely aesthetic. In this post, Anjali and Nandita explore how colour, standardisation, and intellectual property intersect to shape taste, power, and ownership. Anjali Tripathi is a final-year B.A. LL.B. student at Jindal Global Law School with an interdisciplinary interest in critical approaches to law, visual storytelling, and design. Nandita Purvi Durgam

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India’s Defining Moment on SEPs: The Supreme Court’s Decision Opens the Door for Policy Leadership

/ By / Patent

The Supreme Court’s disposal of CCI v. Ericsson has triggered significant debate over the respective roles of patent law and competition law in regulating SEPs. Brian Scarpelli explains how this decision creates a crucial policy moment for India to clarify the role of its legal framework in addressing anticompetitive SEP licensing practices. Brian Scarpelli is Senior Global Policy Counsel at ACT | The App Association, where he works on a diversity of legal and policy issues impacting mobile app development

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Dealing Away Fair Dealing: The Curious Case of Fair Dealing and Its Infringement

/ By / Copyright

In this submission to the SpicyIP–Jhana Blogpost Writing Competition 2025, Avani Marudwar argues for decentering fair dealing analysis in Indian Copyright law in exchange for treating fair dealing as one of the components of the copyright system as a whole. She further argues that the GenAI copyright debate presents an opportunity to facilitate a structural relook at Indian Copyright law along these lines. Avani Marudwar is a 5th-year law student at Nirma University and an alumnus of the SpicyIP Summer

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SpicyIP Bells & Whistles: IP Events and Opportunities (09.03.2026)

/ By / Courses & Workshops, Others

Hi everyone, welcome back to Bells & Whistles! Before we get to this week’s bell, just a quick reminder in case you missed it on the blog, applications for the SpicyIP Summer School 2026 are now open. The summer school will take place June 20 – 28th in Whitefield, Bengaluru, and it’s shaping up to be another really exciting edition. If you’ve been meaning to apply, this might be a good moment to hop over and check out the announcement post. Please keep an

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SpicyIP Weekly Review (March 2 – March 8)

/ By / Copyright, Geographical Indication, Others, Patent, Trademark

Applications are now open for the second iteration of the SpicyIP Summer School 2026! 1st National Policy Brief Competition on IP and Innovation 2025 successfully organised by SpicyIP and CIPAM, DPIIT. Can a dead patent be revoked? Post on the Delhi HC’s DB judgment in Boehringer Ingelheim v. Controller of Patents. Case summaries and IP developments from the country and the globe and much more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment

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(Part III) So Open, Yet So Overlooked: A Dive into the World of FOSS

/ By / Others

In the previous two parts, I laid a groundwork for FOSS – the first unpacked the functionality of FOSS and the second examined the murky terrain of software patentability and the challenges it brings. This part will zoom out and address how control over software models a nation’s technological autonomy.  Picture this – one fine morning, government personnel log in to their digital workspaces – only to find their cloud accounts deactivated, bringing the everyday digital workflow to a halt.

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(Part II) So Open, Yet So Overlooked: A Dive into the World of FOSS

/ By / Patent

In the first part of the post, I explained the emergence of FOSS and its effect on innovation – often accelerating it but with its own bumps along the road. This part will wheel the discussion to another thorny issue: patentability of software and the many new questions it raises, both generally and in the India context.  When Code Slips through Copyright A pertinent question to be considered, before detailing the Indian standpoint, is – how does IPR enter the

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(Part I) So Open, Yet So Overlooked: A Dive into the World of FOSS

/ By / Others

To imagine a world without free and open-source software (henceforth “FOSS”) would be quite a difficult picture to paint:  a snippet of it would be to live without Firefox, WordPress, Linux, VLC – all built on FOSS. Yet despite being so integrally woven in our digital lives, how often does FOSS cross our minds (to admit, I hadn’t thought of it much before), but the truth of the matter is that open-source software more generally, and FOSS more specifically is

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Royalty Raja’s Reformation of the Copyright (Amendment) Act, 2012 

/ By / Copyright

In light of the different copyright litigations involving musical maestro Ilaiyaraja, Nivedita Krishnakumar argues for a purposive interpretation of the royalty-sharing provisions provided through the Copyright Amendment Act 2012. In her submission for the SpicyIP-jhana Blogpost Writing Competition 2025, she argues that the 2012 amendment must be seen as a remedial statute, making an argument for a retrospective effect of the royalty sharing provisions within the 2012 amendment. Nivedita Krishnakumar is a second-year law student at Rajiv Gandhi National University

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