We aim to foster a more transparent, collaborative and productive IP/innovation eco-system for India. Retweets are not endorsements.
India
Joined March 2011
- Tweets9.7K
- Following130
- Followers5.8K
- Likes633
Pinned Tweet
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…
1
976
The Telangana HC’s recent observations in Sai Silks case have questioned whether the traditional standard of a consumer with “average intelligence and imperfect recollection” remains relevant in contemporary trademark disputes, and whether it is due for a revision. (1/3)
1
1
354
In Kriti Sanon v. BBE Marketing Inc., the DHC’s ad interim order offers a welcome departure from the increasingly expansive approach to personality rights injunctions. By distinguishing between the different interests and causes of action that tend to be bundled (1/2)
under the label of “personality rights”, the DHC sets out a more measured framework for assessing such claims. Dr. Aakanksha Kumar examines what the order gets right and where it leaves some questions unanswered. spicyip.com/2026/11/spicyip-… (2/2)
[Part III] The Trial of Data Exclusivity
In the third part of the post on data exclusivity, Arnav Kaman explores whether there are alternative ways to incentivise domestic pharmaceutical innovation and clinical trials without introducing a data exclusivity regime. (1/2)
In this post, he examines possible policy interventions and alternative models, including a compensatory liability framework, while also highlighting the need for meaningful public consultation before any such policy decisions are made.
spicyip.com/2026/11/part-iii… (2/2)
![[Part III] The Trial of Data Exclusivity](https://pbs.twimg.com/card_img/2120073399431208960/243nedhW?format=png&name=800x419)
Continuing the discussion on the proposed introduction of data exclusivity in India, in Part II of his three-part post, Arnav Kaman examines its potential implications for domestic innovation, access to medicines, foreign investment, and the conduct of clinical trials. (1/2)
He also questions whether data exclusivity would address the underlying challenges facing India’s clinical trial ecosystem, and whether the promised benefits would justify the costs to public health and the domestic pharmaceutical industry.
spicyip.com/2026/11/part-ii-… (2/2)
![[Part II] The Trial of Data Exclusivity](https://pbs.twimg.com/card_img/2120072530887327744/37NnKe8D?format=png&name=800x419)
With reports suggesting that the Organization of Pharmaceutical Products in India is pushing for up to 10–12 years of data exclusivity protection in India, the debate over affordable medicines and pharmaceutical innovation is once again gaining momentum. (1/3)
The NPPA’s latest Trade Margin Rationalisation order for anti-cancer drugs promises significant price reductions, but does little to address the underlying problem. In this post, Rishabh Upadhyay examines the order’s limitations, including unchanged prices for several... (1/2)
...expensive drugs, reliance on manufacturer-reported data, weak enforcement, and the absence of a permanent pricing framework. He argues that margin caps are merely a stopgap and that meaningful affordability requires deeper structural reforms.
spicyip.com/2026/11/taping-t… (2/2)
From GUIs and GenAI to clinical trial data, India’s IP regime is seeking to expand—or is expanding—subject-matter protection under vague claims of "innovation" and "global standards." Yet exclusionary rights inherently raise access costs and curb competition. (1/3)
The DPIIT–IPR Chair, National University of Study and Research in Law (NUSRL), Ranchi, invites original and unpublished research contributions examining the evolving relationship between Artificial Intelligence, trademarks, technology, brands, and consumer trust. (1/2)
The last date of abstract submission is November 20, 2026. For more details, check the call for submissions below:
spicyip.com/2026/11/call-for… (2/2)
37
Unlike plant genetic resources, animal genetic resources have historically moved across borders through centuries of livestock exchange, breeding and interbreeding, making their origins and subsequent utilisation particularly difficult to trace. (1/2)
In this post, Achyuth B. Nandan examines India’s blind spots in monitoring their utilisation under the Access and Benefit-Sharing (ABS) framework and explores how inter-institutional coordination could help address them.
spicyip.com/2026/11/indias-a… (2/2)
SpicyIP Weekly Review (October 26-November 1)
Announcing the 2026 Shamnad Basheer Essay Competition, a post on the ongoing Cadila-Hetero biosimilar dispute ahead of the Supreme Court hearing, and posts on the Indian Designs Office’s draft GUI Guidelines (1/2)
...and the Trade Marks Registry’s proposed framework for the use of AI in proceedings. This and much more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment and let us know.
spicyip.com/2026/11/spicyip-… (2/2)
Who Gets Counted as an Inventor? This week, we look at women's participation in India's patenting ecosystem, drawing on a recent study by Neha Raghuwanshi and Msadan Dhanora, alongside WIPO's global findings on women's representation among inventors (1/3)
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)
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)
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/2118633471652335617/foJQ54x2?format=jpg&name=800x419)
2
64
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)
1
1
194
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)
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-…
