ANI vs OpenAI: India’s Copyright Act is outdated. Can it Deal with New Legal Conundrums?

/ By / Others

Last month, a group of digital news publishers in India sought to join a case filed by news agency ANI in the Delhi High Court accusing the US firm OpenAI of misusing material to which they own the copyright. However, in India, OpenAI faces a major hurdle. India’s Copyright Act of 1957 and related jurisprudence favours the rights of authors and creators and was not designed to deal with the challenges posed by this emerging technology. Further, tortious claims of […]

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SpicyIP Weekly Review (February 3 – February 9)

/ By / Copyright, Others, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on the Lodha trademark dispute, the scrapping of the UGC-Care list, and the escalation of the Nayanthara-Dhanush copyright battle. 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 Of house marks and family disputes: Taking a look at the Lodha v. Lodha TM battle  Following

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Logos of the Lodha and HoABL

Of house marks and family disputes: Taking a look at the Lodha v. Lodha TM battle 

/ By / Trademark

Macrotech Developers (formerly known as ‘Lodha Developers’) filed a trademark infringement suit against the ‘House of Abhinandan Lodha’ (HoABL). Macrotech, in the suit, has sought an injunction against HoABL from using the TM ‘Lodha’ to prevent confusion among consumers. Further, Macrotech has sought Rs. 5000 cr. in damages. Abhishek Lodha (CEO, Macrotech Developers), in this interview, has said that the suit is to ensure that the consumers are not confused that any other developer using the Lodha name is associated with Macrotech or

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Whose Copyright Stands Tall? Looking at Saregama India v Vels Film International

/ By / Copyright

Explaining the recent Delhi High Court order in Saregama v. Vels on copyright ownership over the song En Iniya Pon Nilave, Tanishka Goswami writes on the implication of the decision on the composers. Tanishka is an advocate at the High Court of MP. She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Her previous posts can be found here. Whose Copyright Stands Tall? Looking at Saregama India v Vels Film International By Tanishka

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CGPDTM to Fund Law Students Participating in any International IP Moot Court Competitions: Commerce Minister Piyush Goyal

/ By / Event, Opportunities

In a major, and very interesting development for law students, the Commerce and Industry Minister Mr. Piyush Goyal announced that the CGPDTM will sponsor Indian law students selected for any IP moot court competition “anywhere in the world”. This announcement was made yesterday in the inaugural ceremony of Vidhi Pragati: National IP Moot Court Competition, 2025, organized by DPIIT in collaboration with CIIPC and IPR Chair, NLU Delhi (see video here). The move enabling law students to participate in moot

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Reform, Don’t Reject: Here’s Why the UGC-CARE List Should Not Be Scrapped

/ By / Others

The past weeks saw several unconfirmed reports (see, here, here, here, here, here, here, here, among others) about the dissolution of the University Grants Commission’s (UGC) much-avowed Consortium for Academics and Research Ethics (CARE) List, attributed to internal sources within the UGC and the Ministry of Education. As observed in an earlier report, the latest draft of the UGC (Minimum Qualifications for Appointment & Promotion of Teachers and Academic Staff in Universities and Colleges and Measures for Maintenance of Standards

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The New Patent Playbook in Action: A Look at Rules 25(1) and 55(3) of the Patent (Amendment) Rules 2024 for Pre-Grant Oppositions

/ By / Patent

Recently, an interesting order was issued in Patent Application No. 202417006578 (pdf), by Vikas Verma, Assistant Controller of Patents & Designs, Patent Office (Chennai), in the context of a pre-grant opposition (PGO) against an application by Pharmazz Inc. What makes this decision particularly noteworthy is that it may be the first instance (at least as per the guess in a LinkedIn post by LCGN LLP here) where a new rule for PGO has been applied. Specifically, it concerns the requirement

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Kollywood’s Copyright Battle Escalates, But What is the Urgency?

/ By / Copyright, Others

The Nayanthara Dhanush copyright battle is escalating. Arguments are scheduled for the 26th and it is bound to be an interesting showdown. There have been two important developments after the parties filed their respective pleadings before the Madras High Court on the issue of copyright infringement involving the alleged unauthorized use of behind-the-scenes clips. First, the Madras High Court clarified that it has the necessary jurisdiction and that pre-suit mediation was not required in this case (see pdf). In this,

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Understanding Auxiliary Claims and Where They Come From 

/ By / Patent

A term that has of late frequently popped up in patent orders by the Indian Court without much explanation is “auxiliary claims”. Most recently, such claims were filed before the Delhi High Court (Immunolight v. Controller) (pdf), where the Court directed the Patent Office to hear the matter afresh in light of the auxiliary claims filed by Immunolight. For the uninitiated, the auxiliary claims refer to an alternative set of claims filed by the applicant when the main/ original set

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Union Budget 2025-26: What’s in it for Innovation, Tech, Trade and Health?

/ By / Innovation, Others

The Finance Minister (FM) Nirmala Sitharaman on February 1 presented the Union Budget 2025-26 in the parliament. The budget is being suggested as a reprieve to middle-class earners with crucial income tax exemptions announced. At the same time, the budget also made key announcements in the innovation, tech, trade, and health sectors. Here goes my attempt at a round-up on these fronts for the Budget 2025-26! Innovation, Knowledge and Education The Budget announced the setting up of 50,000 Atal Tinkering

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