SpicyIP — Legal News | LawScroll Pulse

S

SpicyIP 1d ago · 1 min read

Intellectual Property Criminal Law

SpicyIP Bells & Whistles: IP Events and Opportunities (22.09.2026)

Welcome back to another week of Bells & Whistles. As always, we’ve rounded up a mix of developments, opportunities, and thoughtful reads from across the IP world along with a Bell of the Week that’s well worth revisiting. Bell of the Week: Who Speaks for the Public Domain? Every now and then, I come across an organisation that makes me pause not because of the number of people it represents or the size of its operations, but because of the […]

Save

S

SpicyIP 1d ago · 1 min read

Intellectual Property Technology, AI & Data Privacy

Remembering Prof. (Dr.) Pinaki Ghosh, WBNUJS IP Chair Professor

Image Source: WBNUJS Website It is with profound sadness that I inform you of the passing of Prof. (Dr.) Pinaki Ghosh, erstwhile WBNUJS IP Chair Professor. Dr. Ghosh, had been at the university since 2019 as its DPIIT IP Chair Professor till 31st March 2026. He died at the age of 61 after a prolonged illness. As reported by his colleagues, during his tenure, nearly 24 Geographical Indication applications were taken forward with his significant involvement at the University. I […]

Save

S

SpicyIP 1d ago · 1 min read

Intellectual Property Corporate & Commercial

SpicyIP Weekly Review (14 September-20 September)

In this edition of the SpicyIP Weekly Review, we have comments submitted by a few of our team members on the IPO’s Draft Guidelines for Examination of Patent Applications in the Field of Pharmaceuticals, 2026, along with case summaries of the orders and judgments we were able to find. If we’ve missed anything, drop a comment below and let us know. Highlight of the Week Specific Comments on the IPO’s Draft Pharmaceutical Guidelines (2026) The IPO’s 2026 Draft Pharmaceutical Guidelines […]

Save

S

SpicyIP 3d ago · 1 min read

Intellectual Property Corporate & Commercial

Specific Comments on the IPO’s Draft Pharmaceutical Guidelines (2026)

There is no easier way to put it – the IPO’s Draft Guidelines for Examination of Patent Applications in the Field of Pharmaceuticals, 2026 (“2026 Draft Guidelines”) released 15 days ago have severe problems and require substantial reworking. There are many concerning reasons warranting an immediate and thorough revision of this draft for it to avoid disrupting patent law and patent prosecution as we know it. The 2026 Draft Guidelines have misquoted certain statutory provisions, misinterpreted some judicial decisions, misapplied […]

Save

S

SpicyIP 15 Sep 2026 · 1 min read

High Courts Intellectual Property

SpicyIP Weekly Review (September 7- September 13)

After another busy week and a long weekend, here we are with the SpicyIP Weekly. Review with discussions on the Delhi High Court’s evolving approach to personality rights, a closer look at the Court’s decision in the Sugammadex patent dispute. We also had posts on copyright strikes and intermediary due diligence, the ongoing Ribociclib litigation before the Kerala High Court, the paper trail in IPRS v. Hotel Appolo, and the Delhi High Court’s evolving approach towards well-known marks and TM […]

Save

S

SpicyIP 15 Sep 2026 · 1 min read

Intellectual Property Criminal Law

SpicyIP Bells & Whistles: IP Events and Opportunities (15.09.2026)

Welcome back to another week of Bells & Whistles. As always, we’ve rounded up a mix of developments, opportunities, and thoughtful reads from across the IP world along with a Bell of the Week that’s well worth revisiting. Bell of the Week: The Man Who Helped Build India’s Trademark Law Before every brand had a registration number, a trademark database, or a legal team ready to protect it, India had to first build a system for recognising and protecting trademarks. […]

Save

S

SpicyIP 14 Sep 2026 · 1 min read

Intellectual Property Criminal Law

[Sponsored] IP8 Expands into Patent Decision Intelligence with Five Connected AI Workflows

A year after launching agentic AI for patent-infringement surveillance, IP8 expands across critical patent decision workflows for law firms and enterprise IP teams. To know more, read their press release below:- [Sponsored] IP8 Expands into Patent Decision Intelligence with Five Connected AI Workflows (13 September 2026) Pune, India— IP8 today announced the launch of its next-generation Patent Decision Intelligence Platform, expanding from its original focus on continuous patent-infringement surveillance and monetization into a unified platform spanning Novelty, Invalidity, Freedom-to-Operate (FTO), […]

Save

S

SpicyIP 11 Sep 2026 · 1 min read

High Courts Intellectual Property

Section 14 is Not Section 25: Delhi High Court Revives Sugammadex Patent Bid

The Delhi High Court’s order in Fresenius Kabi v. Controller may ultimately turn on a Section 14 violation, but the concerns it flags go well beyond procedure, extending to hindsight, prior-art mosaicking, and the treatment of technical evidence. Pranay Borupothu examines the decision and unpacks these procedural and substantive concerns in the Controller’s reasoning. Pranay is a 3rd-year LL.B.(Hons.) student at Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, and has a keen interest in IP laws. Section 14 is […]

Save

S

SpicyIP 11 Sep 2026 · 1 min read

Supreme Court Intellectual Property

SpicyIP Tidbit: IP LEX – A Welcome Cushion for Practitioners and Researchers!

A solid step forward in accessing Indian IP Jurisprudence! DPIIT has come up with IP LEX, a digital repository of IP decision summaries created by the Office of the CGPDTM. It is natural for IP practitioners and researchers to find it difficult to keep track of legal developments. These developments emerge from judicial judgments, quasi-judicial decisions, and administrative orders – all scattered across various High Courts, quasi-judicial offices, commercial court websites, and e-Courts portals. Considering this, I am sure they […]

Save

S

SpicyIP 11 Sep 2026 · 1 min read

Intellectual Property Technology, AI & Data Privacy

Unpacking Copyright Strikes, Safe Harbour and Due Diligence under the IT Rules : Part 2

In continuation of Part 1, this Part tests the arguments run by the Platforms where they state that – striking content upon complaint and terminating accounts with repeated complaints is due diligence which the IT Act and Rules requires. The Concept of a “Voluntary” Takedown The third proviso to Rule 3(1)(d), in force from 2021 until 15 November 2025, had three notable features. It covered removal “under clause (b) on a voluntary basis” and removal on grievances under sub-rule (2). […]

Save

S

SpicyIP 11 Sep 2026 · 1 min read

Intellectual Property Technology, AI & Data Privacy

Unpacking Copyright Strikes, Safe Harbour and Due Diligence under the IT Rules : Part 1

The Delhi High Court has been recently grappling with issues concerning Copyright Strikes and takedowns by platforms, which have been necessitating Section 60 suits before the IPD Bench in Delhi. In Saurabh Maurya v. John Doe, CS(COMM) 870 of 2026, the Instagram account of a content creator had been suspended upon copyright strikes. Inspite of restoration of the content by Meta, the Plaintiff has pressed that the mode and manner of dealing with copyright strikes by intermediary platforms is in […]

Save

S

SpicyIP 10 Sep 2026 · 1 min read

Intellectual Property Regulatory & Public Policy

General Comment on the IPO’s Draft Pharmaceutical Guidelines (2026)

A few days ago, we had informed our readers that they could participate in the open call for comments and suggestions on the Draft Guidelines for Examination of Patent Applications in the Field of Pharmaceuticals (2026). Several such notifications have been released by the office of the Controller General of Patents, Designs and Trademarks (CGPDTM) in the past few weeks (see here and here). The notification of the new draft of the Pharmaceutical Guidelines was released on September 4, 2026 […]

Save

S

SpicyIP 09 Sep 2026 · 1 min read

High Courts Technology, AI & Data Privacy

[Part III] The Road Not Taken (Down): Delhi HC Starts Sorting the Personality Rights “Salad Platter”

Spider-Man pointing meme with three figures labelled “AI deepfake,” “Fan Page,” and “Troll video,” pointing at one another. Text at the bottom reads, “Plaintiffs adding to the URLs list:”

Save

S

SpicyIP 09 Sep 2026 · 1 min read

Supreme Court High Courts

[Part II] The Road Not Taken (Down): Delhi HC Starts Sorting the Personality Rights “Salad Platter”

In the first part of this three-part post, Aakanksha discussed the standard, overbroad prayers in almost every personality rights suit, and the August 2026 orders that have begun to dismantle them. In this second part, she examines the reasons for the concentration of these suits in the DHC and engages with the Court’s three questions in Aaradhya Bachchan. Dr. Aakanksha Kumar (She/Her) is an independent researcher and academic. Since 2019, she has designed and taught a self-created elective course across […]

Save

S

SpicyIP 09 Sep 2026 · 1 min read

High Courts Criminal Law

[Part I] The Road Not Taken (Down): Delhi HC Starts Sorting the Personality Rights “Salad Platter”

The Delhi High Court has been seeing what can be termed an almost unending spate of personality rights filings, but there’s now a fork in the road that recent orders over the past month are recognising. In this three-part post, Dr. Aakanksha Kumar argues that “personality rights” in India is not a single cause of action but a salad platter of analytically distinct claims, and reads the August 2026 orders as the first sign that the platter is finally being […]

Save

S

SpicyIP 08 Sep 2026 · 1 min read

High Courts Intellectual Property

SpicyIP Tidbit: All Eyes on Kerala HC’s Final Hearing in the Ribociclib Matter Today

[This post is authored by Rishabh Upadhyay. Rishabh is an LL.M. candidate at the Faculty of Law, Delhi University, having completed his undergraduate legal studies at the Faculty of Law, Banaras Hindu University. His interest lies in intellectual property jurisprudence, with particular emphasis on Patent Law, Access to Medicines, and International Law.] The Kerala High Court is set to conduct the final hearing in the long-running Ribociclib litigation today. In July, I had written (Part I, Part II) on this […]

Save

S

SpicyIP 08 Sep 2026 · 1 min read

High Courts Intellectual Property

Well-Known Marks: To Declare or Not to Declare?

Ordinarily, trademark protection is strongest in relation to the goods or services for which a mark is registered, and to similar goods or services. Some marks, however, acquire such a strong reputation that the law protects them even against use or registration for dissimilar goods and services. These are known as ‘well-known trademarks,’ and there is a new development concerning them. The Delhi High Court, in Columbia Pictures Industries, Inc. v Registrar of TMs, on 6th July 2026, ruled that […]

Save

S

SpicyIP 08 Sep 2026 · 1 min read

Intellectual Property Technology, AI & Data Privacy

SpicyIP Tidbit: Paper Trail in IPRS v Hotel Appolo: Missing Caveat and the IPRS License

Last week, I wrote a post on a licensing quagmire covering the recent dispute between IPRS and Hotel Appolo & Tours Private Limited, which dealt with an important question of whether a hotel needs to take an IPRS license for cable TV to run in its hotel rooms. The Calcutta High Court said yes, and restrained Hotel Appolo from communicating musical and literary work owned by IPRS to guests through hotel-room television sets without a valid license, while the Supreme […]

Save

S

SpicyIP 07 Sep 2026 · 1 min read

High Courts Intellectual Property

SpicyIP Weekly Review (31 August- 6 September)

Kicking off September with an exciting week featuring posts on the latest guidelines by the Patent Office on the use of AI in patent examination, copyright strikes, the Calcutta High Court order in IPRS v. Hotel Appolo, the Copyright Office’s decision in the Thaler-Dabus case, and the Delhi High Court order in Hindustan Unilever Limited v Kwick Living. This and much more in this week’s SpicyIP Weekly Review. Highlights of the Week Originality Without Authorship: Analysing the Copyright Office’s Decision […]

Save

S

SpicyIP 05 Sep 2026 · 1 min read

High Courts Technology, AI & Data Privacy

Onto Clearing the Jurisdictional Clutter

Introduction “With the internet, the question of ‘territorial’ jurisdiction gets complicated largely on account of the fact that the internet is borderless.” A sentiment raised by Justice Muralidhar in 2010 still rings true in 2026 (has perhaps turned more complicated). While the journey of determining jurisdiction has taken several turns since then, it has now reached a new one with Hindustan Unilever Limited v Kwick Living (I) Private Limited. The suit, filed in the DHC, sought a permanent injunction against […]

Save