Taming the ‘LAION’: Lessons for Harmonising AI and Copyright Law

/ By / Copyright, Innovation

Discussing the Hamburg Regional Court’s landmark decision in Robert Kneschke v LAION e.V., on text data mining and its interpretation as an exception to allegations of copyright infringement, SpicyIP Fellowship applicant Tanishka Goswami highlights the key findings of the Court and explores the probable lessons for Indian policymakers in harmonizing copyright with AI and innovation. Tanishka is an advocate at the High Court of MP. She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on […]

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SpicyIP Tidbit: Delhi High Court Directs to Auction “Fortis” Trademark in the Daiichi-Ranbaxy Dispute

/ By / Trademark

In a fresh twist to the Daiichi-Ranbaxy saga, the Delhi High Court on October 29 directed (pdf) to auction the “Fortis” trademark to recover a part of the INR 4900 crore owed to Daiichi by the judgement debtors in the aftermath of the 2016 arbitral award (originally, as reported here, INR 3500 crores were awarded to Daiichi). The arbitral tribunal had held that the Ranbaxy promoters, Malvinder Singh and Shivinder Singh, had fraudulently misrepresented and concealed material facts about the

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SpicyIP Weekly Review (October 28-November 3)

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on Delhi High Court’s orders in the Pertuzumab patent dispute, order concerning personality rights of the Telugu movie star Vishnu Manchu, and Madras High Court’s decision on burden of proof in patent revocation cases. 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 Injunction or

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Injunction or No Injunction: DHC Goes Back on its Rejection of Injunction in the Pertuzumab Dispute

/ By / Patent

[A big thanks to Praharsh for his inputs on the post.]  In early July, I wrote (here) about the grant of an interim injunction to Roche by a single-judge bench (SB) of the Delhi High Court (DHC), presided over by Justice Sanjeev Narula in F-Hoffmann-La Roche AG & Anr. v. Zydus Lifesciences Limited (pdf) [hereinafter referred to as “SB Order 1”]. This dispute, primarily a suit for a permanent injunction (CS(COMM) 159/2024) regarding infringement of the Pertuzumab patent, was intriguing

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Embio Ltd. v. Malladi Drugs: Madras High Court Clarifies the Extent of Burden of Proof in Matters concerning Patent Revocation

/ By / Patent

Breaking down the MHC’s recent decision in Embio Ltd. v. Malladi Drugs, SpicyIP Intern Bhuwan Sarine analyses the Court’s finding on the burden of proof in patent matters concerning revocation petitions. Bhuwan is a third year B.A., LL.B. (Hons.) student at National Law School of India University, Bengaluru. He is interested in Intellectual Property Laws and the dynamic intersection of law and technology, and seeks to pursue a career in academia and research. Embio Ltd. v. Malladi Drugs: Madras High

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Subjecting Free Speech to “Hero Worship”? Delhi High Court Passes Overbroad Injunction Order in Vishnu Manchu Case

/ By / Privacy, Trademark

[This post is co-authored with SpicyIP Intern Yukta Chordia. Yukta is a 4th year BA LLB (Hons.) student at Maharashtra National Law University, Nagpur and is passionate about Intellectual Property Law and Media and Entertainment Law, with a strong interest in ADR. Long post ahead.]  In a short order, both in length and (unfortunately) in reason, the Delhi High Court on October 1 granted an overbroad dynamic style interim injunction (pdf) to the Telugu film actor Vishnu Manchu (the plaintiff)

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SpicyIP Weekly Review (October 21-October 27)

/ By / Biological Diversity, Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on the JioHotstar domain name dispute and DHC’s order on the Complan disparagement dispute. 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 <JioHotstar.com>: A Clever Narrative for Cybersquatting The JioHotstar domain name dispute between Reliance and ‘A Dreamer’ is the latest talk of the

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<JioHotstar.com>: A Clever Narrative for Cybersquatting

/ By / Trademark

Discussing the recent JioHotstar domain name controversy, Akshay Ajayakumar analyzes the relevant cybersquatting concerns in this guest post. Akshay is a graduate of National Law University, Jodhpur, and has an LL.M in IP and Competition Law from the Munich Intellectual Property Law Center (MIPLC). He is currently a consultant for domain name disputes at Sim and San, Attorneys At Law. His previous post can be accessed here. Views expressed here are those of the author’s alone. <JioHotstar.com>: A Clever Narrative

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Experts and Calcutta High Court IPRD Rules, 2023; A Critique and Discussion

/ By / Copyright, Patent, Trademark

Image from here. Nation’s Third, A New IPD at Calcutta High Court! Later but not late. In the gazette notification dated 20th September 2024 the Intellectual Property Rights Division Rules of the High Court, Calcutta, 2023 were notified. Vide the Rules, the following two divisions were constituted in the Calcutta High Court: the Intellectual Property Rights Division (IPRD) and the Intellectual Property Rights Appellate Division (IPRAD). It was noted that all the original, appellate, writ and miscellaneous jurisdictions shall be

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Assessing the Free Speech v. Disparagement Debate in the DHC’s “Complan” Case Order 

/ By / Trademark

Recently, Delhi High Court granted an interim injunction to Zydus against social media influencer Prashant Desai’s allegedly disparaging post on nutritional health drinks. SpicyIP Intern Manya Gupta analysis the Court’s rationale on disparagement and assesses the implication of this order on free speech. Manya is a fourth year student at the National Law University, Delhi. Assessing the Free Speech v. Disparagement Debate in the DHC’s “Complan” Case Order  By Manya Gupta On September 26 2024, the Delhi High Court granted

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