SpicyIP

Regulating Domain Name System: DHC’s Ex Ante Turn

January 7, 2026 / By SpicyIP / Trademark

In a series of sweeping judgments on the Domain Name System, the Delhi High Court has framed anonymous and infringing domain registrations as a problem of systemic online fraud rather than routine trademark disputes. Vishno Sudheendra critically examines the Court’s wide-ranging directions, arguing that their ex ante regulatory turn is overbroad, raises serious data protection concerns, and blurs key doctrinal distinctions in domain name law. Vishno is a fourth-year B.A., LL.B (Hons) student at the National Law School of India […]

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Part 2: Copyright is the Wrong Answer

January 7, 2026 / By SpicyIP / Copyright

Continuing the discussion on why copyright is ill-equipped to address labour displacement caused by GenAI, Part II of Akshat’s post moves beyond copyright to explore alternative frameworks for engaging with the underlying concerns. Akshat is the founder and counsel at AASA Law Chambers. He is currently a PhD candidate at the University of Cambridge. He would like to add the following acknowledgements and disclaimer- “Credit to Profs. Oren Bracha and Talha Syed for ideas, and for “The Work of Copyright in the

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Part 1: Copyright is the Wrong Answer

January 7, 2026 / By SpicyIP / Copyright

Against the backdrop of DPIIT’s Working Paper on AI and Copyright, Akshat argues that both the paper’s proposed framework and a broader turn to copyright are ill-suited to address labour displacement caused by GenAI and risk harming the very creators they claim to safeguard. Akshat is the founder and counsel at AASA Law Chambers. He is currently a PhD candidate at the University of Cambridge. He would like to add the following acknowledgements and disclaimer- “Credit to Profs. Oren Bracha

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Public Domain Day 2026: What the Entry of Classic Works means for Copyright Law and Creative Freedom

January 7, 2026 / By SpicyIP / Copyright

Public Domain Day (January 1st) offers a moment to reflect on the true purpose of copyright law release, not perpetual control. Discussing the importance of this momentous day, Sminal Badge examines India’s neglected public domain, tracing how institutional gaps and private gatekeeping undermine access, creativity, education, and emerging AI innovation, and why treating the public domain as a functional legal resource is now imperative. Sminal is a 4th Year Student from Maharashtra National Law University, Mumbai. He has a keen

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Bata v. Leayan: Examining the Interplay of Sections 17 and 35 of the Trade Marks Act

January 7, 2026 / By SpicyIP / Trademark

The Delhi High Court’s decision in Leayan Global Pvt. Ltd. v. Bata India Ltd. turns on the uneasy interaction between exclusive trademark rights and descriptive use defences. Arshiya Gupta probes the Court’s see-saw framing of Sections 17 and 35, and asks whether collapsing these distinct enquiries risks blurring core principles of trademark doctrine. Arshiya is a third-year law student at National Law University, Delhi, with a keen inclination towards PIL, IPR, and criminal law. Bata v. Leayan: Examining the Interplay

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Tariff-Secrecy Double Bind: How Global Trade Rules Undermine Pharmaceutical Access In The Global South

January 6, 2026 / By SpicyIP / Data Exclusivity, Others

Examining the growing structural gap between TRIPS’ public-health objectives and the contemporary political economy of pharmaceuticals, Tanya Verma in her entry for the SpicyIP-jhana Blogpost Writing Competition, argues that tariff regimes and expanding trade-secret protections together create a “double bind” that constrains the Global South’s ability to both import and manufacture medicines. Tanya is a fifth year student at Dr. Ram Manohar Lohiya National Law University, Lucknow. Tariff-Secrecy Double Bind: How Global Trade Rules Undermine Pharmaceutical Access In The Global

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When Stature Becomes Substance: Judicial Deference and Moral Rights in the Ilaiyaraaja Injunction

January 5, 2026 / By SpicyIP / Copyright

The bigger the stardom, the likelier an injunction. Discussing the role of stardom, fame, and eminence in moral rights jurisprudence and adjudication, Arshiya Gupta argues that fame and stature are good indicators of how seriously Courts treat your moral right claims, thus implicitly creating a hierarchy of claims. Arshiya is a third-year law student at National Law University, Delhi, with a keen inclination towards PIL, IPR, and criminal law. Image from here When Stature Becomes Substance: Judicial Deference and Moral

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When General Powers Swallow Special Design: A Critique of Surinder Kumar Case of the DHC

January 5, 2026 / By SpicyIP / Others

Did the Delhi High Court compromise on doctrine while maximising outcome? Discussing some knotty procedural law, Arshiya Gupta examines DHC’s decision in Shri Surinder Kumar v. Registrar of Copyrights and argues how it collapses a carefully designed special procedural regime in favour of general transfer powers. Arshiya is a third-year law student at National Law University, Delhi, with a keen inclination towards PIL, IPR, and criminal law. When General Powers Swallow Special Design: A Critique of Surinder Kumar Case of the

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SpicyIP Bells & Whistles: IP Events and Opportunities (05.01.2026)

January 5, 2026 / By Gaurangi Kapoor / Courses & Workshops, Opportunities

Welcome to the first Bells & Whistles newsletter of 2026! As we ease into the new year, a quick reminder that this is also the time when SpicyIP looks back before moving forward. Every year, we put together an Annual Review capturing the most significant IP developments, and the 2025 review is now out. It brings together some of the most important judicial decisions, policy shifts, and regulatory conversations from the past year. It’s worth a slow read or a deeper dive, perfect

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SpicyIP Weekly Review (December 29 – January 4)

Starting 2026 with India’s top IP developments of 2025! 3 new posts for our readers, criticising the DPIIT AI-Copyright Working Paper. A post on the SHANTI Act, the possibility of getting patents for peaceful uses of nuclear energy. This and much 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 A Look Back at India’s Top IP Developments of 2025 What a year it

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