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As we step into the new year, we thank our readers for their continued support and wish everyone a very happy and healthy year ahead.(5/5)
spicyip.com/2025/12/a-look-b…
On 3 Nov, the SC will hear Zydus (Cadila) and Hetero against a Delhi HC order. The DHC had directed both to file confidential biosimilar data in a sealed cover for Roche to examine. Roche’s suits are about passing off. The order does not say how the data follows from that. (1/2)
Rishabh Upadhyay reads the order and lists the questions it leaves open: Why deny confidentiality, yet give only Roche an expert? Why is the DCGI missing? Why is the test narrower than the one quoted? Why were all documents ordered? (2/2)
spicyip.com/2026/10/letting-…
We are delighted to announce the 2026 ed. of the Shamnad Basheer Essay Competition on Intellectual Property Law, celebrating Prof. Basheer’s enduring contributions to IP scholarship. Known for his intellectual rigour, unconventional thinking, and willingness to challenge (1/3)
established ideas, Prof. Basheer’s work continues to inspire new ways of thinking about intellectual property. We invite students and aspiring IP scholars to participate in this year’s competition and carry forward that spirit through their own writing. (2/3)
Find the eligibility criteria, submission guidelines, and details of the prizes below!
spicyip.com/2026/10/announci… (3/3)
The Draft Manual on Trade Marks: Practice & Procedure 2026 updates the 2015 version, adds a chapter on well-known marks and, for the first time, addresses consent for AI-generated representations of a person in a mark. (1/3)
In this post, Gaurangi Kapoor discusses the gaps she found on a close reading: a fifteen-day comment window for a manual of over two hundred pages, an undefined “AI-generated representation” in paragraph 2.6.1 (2/3)
and how it sits with the Registry’s Draft AI Guidelines, an overstated claim on prior user rights in Chapter 7, and a Mumbai-only filing requirement for objections to well-known.
spicyip.com/2026/10/draft-tr… (3/3)
The draft India-EU FTA’s Intellectual Property Chapter raises concerns about its potential implications for India’s existing copyright framework, particularly its provisions on temporary and indirect reproduction rights. (1/2)
In Part I of her 2 part post, Maneesha Gupta breaks down how Articles 10.11, 10.12, and 10.13 may introduce expansive reproduction rights for authors, performers, and phonogram producers. (2/2)
spicyip.com/2026/10/part-i-r…
![[Part I] RAM, Routine, and Rights: Looking at the IP Chapter in the EU-India Draft FTA](https://pbs.twimg.com/card_img/2116088945687838720/pY8mL38G?format=jpg&name=800x419)
The Indian Designs Office’s draft GUI Guidelines mark an important step following the Calcutta High Court's decision in NEC Corporation v. Controller of Patents on the registrability of GUIs. (1/3)
Harshita Bhola writes on the Guidelines, noting that while they are a welcome improvement that could bring greater consistency and predictability to examination practices, the proposed requirement to...(2/3)
...submit separate representations of individual frames risks overlooking the creative contribution underlying an animation. (3/3)
spicyip.com/2026/10/can-an-a…
The draft Guidelines on the Use of Artificial Intelligence in Proceedings before the Trade Marks Registry seek to address the growing concerns around AI-generated fabricated citations and misleading evidence. (1/3)
However, as explained by Kaustub Boidi, the proposed framework leaves important questions unanswered about the Registry’s own verification responsibilities, the treatment of legitimate AI-assisted translations, and... (2/3)
...whether the prescribed consequences are proportionate to different forms of non-compliance.
spicyip.com/2026/10/a-fake-j… (3/3)
As courts increasingly turn to AI tools for legal research and document processing, could hidden instructions embedded in pleadings manipulate the outputs they rely on? In this post, Rohit Pradhan examines the threat of prompt injection in judicial proceedings,... (1/2)
...distinguishes it from AI hallucinations, and proposes safeguards for e-filing systems and legal accountability in India. Rohit Pradhan is an IP litigator based in Delhi, practising before the Delhi High Court.
spicyip.com/2026/10/hidden-a… (2/2)
Recently, the Delhi High Court, in Niva Bupa v. Vishal Rattewal imposed Re. 1 in notional costs after finding the plaintiffs’ suit to be a “misuse” of the IPD’s special jurisdiction.
In this post, Aryan Agrawal examines whether the failure of a trademark infringement claim is sufficient to constitute such misuse, and whether the Court adequately considered the IPD Rules’ express inclusion of disparagement within its remit.
spicyip.com/2026/10/can-you-…
