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SpicyIP Weekly Review (March 2 – March 8)

/ By / Copyright, Geographical Indication, Others, Patent, Trademark

Applications are now open for the second iteration of the SpicyIP Summer School 2026! 1st National Policy Brief Competition on IP and Innovation 2025 successfully organised by SpicyIP and CIPAM, DPIIT. Can a dead patent be revoked? Post on the Delhi HC’s DB judgment in Boehringer Ingelheim v. Controller of Patents. Case summaries and IP developments from the country and the globe and much more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment […]

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(Part III) So Open, Yet So Overlooked: A Dive into the World of FOSS

/ By / Others

In the previous two parts, I laid a groundwork for FOSS – the first unpacked the functionality of FOSS and the second examined the murky terrain of software patentability and the challenges it brings. This part will zoom out and address how control over software models a nation’s technological autonomy.  Picture this – one fine morning, government personnel log in to their digital workspaces – only to find their cloud accounts deactivated, bringing the everyday digital workflow to a halt.

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(Part II) So Open, Yet So Overlooked: A Dive into the World of FOSS

/ By / Patent

In the first part of the post, I explained the emergence of FOSS and its effect on innovation – often accelerating it but with its own bumps along the road. This part will wheel the discussion to another thorny issue: patentability of software and the many new questions it raises, both generally and in the India context.  When Code Slips through Copyright A pertinent question to be considered, before detailing the Indian standpoint, is – how does IPR enter the

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(Part I) So Open, Yet So Overlooked: A Dive into the World of FOSS

/ By / Others

To imagine a world without free and open-source software (henceforth “FOSS”) would be quite a difficult picture to paint:  a snippet of it would be to live without Firefox, WordPress, Linux, VLC – all built on FOSS. Yet despite being so integrally woven in our digital lives, how often does FOSS cross our minds (to admit, I hadn’t thought of it much before), but the truth of the matter is that open-source software more generally, and FOSS more specifically is

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Royalty Raja’s Reformation of the Copyright (Amendment) Act, 2012 

/ By / Copyright

In light of the different copyright litigations involving musical maestro Ilaiyaraja, Nivedita Krishnakumar argues for a purposive interpretation of the royalty-sharing provisions provided through the Copyright Amendment Act 2012. In her submission for the SpicyIP-jhana Blogpost Writing Competition 2025, she argues that the 2012 amendment must be seen as a remedial statute, making an argument for a retrospective effect of the royalty sharing provisions within the 2012 amendment. Nivedita Krishnakumar is a second-year law student at Rajiv Gandhi National University

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Thinking Out Loud……Literally: Brains And Boundaries

/ By / Patent

The rise of brain–computer interfaces marks a technological inflection point, blurring the line between cognition and computation. What happens when thoughts become data, and data becomes patentable subject matter? Soumya Juneja, in her post for the SpicyIP–Jhana Blogpost Writing Competition 2025, engages with these questions and assesses whether there is a need to re-examine invention, prior art, and authorship in the age of neurotechnology. Soumya Juneja is an Associate at an IP law firm and a BBA.LLB. (Hons.) graduate from

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Beyond PDFs and Portals: Building ‘Explainable IP’ for a Transparent and Inclusive Indian Innovation Ecosystem

/ By / Copyright, Patent

While India’s IP system has made significant strides in digital accessibility, Rushil Verma, in his submission for the SpicyIP–Jhana Blogpost Writing Competition 2025, explains how it continues to fall short on intelligibility. He suggests that integrating “Explainable IP” could help transform patent and trademark databases from mere document repositories into inclusive, user-centric public knowledge systems. Rushil is a fourth-year B.A. LL.B. (Hons.) student at Symbiosis Law School, Pune, with a focused academic and professional interest in Intellectual Property Law. Beyond

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Green Patents and Climate Governance: What India Can Learn from Global Leaders in Climate-Tech IP

/ By / Patent

Can patent systems actually accelerate climate action? In his submission for the SpicyIP–Jhana Blogpost Writing Competition 2025, Abhinav Manchanda explores this question and explains how countries around the world are increasingly designing their IP regimes to support green innovation, while India’s green patent framework is still finding its footing. Abhinav is a legal researcher and writer with a keen interest in intellectual property law, climate governance, and technology regulation. His work focuses on examining how legal frameworks, particularly patent systems,

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The Kerly’s Impasse: A Relic of the Past?

/ By / Trademark

Kerly’s impasse is something that one does not encounter regularly in Trademark law. Priyam Mitra, in this post, unpacks what it actually means and asks whether it has any real place in the modern world. Priyam is a 3rd-year student at the National Law School of India University, Bengaluru. He is interested in contemporary discussions surrounding intellectual property and criminal law. The Kerly’s Impasse: A Relic of the Past? By Priyam Mitra A very interesting development took place in the

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Kill it Again – Revoking “Dead” Patents

/ By / Patent

Boehringer Ingelheim Pharma GmbH v. The Controller of Patents (Boehringer Ingelheim) led to colourful and dramatic language from both the bar and the bench. For example, the Division Bench of the DHC while expressing a prima facie view on the matter of revoking a “dead” patent, had asked quite dramatically, “Can one kill a dead body?” Dr Abhishek Singhvi, who had appeared for Boehringer Ingelheim, stated that transmission of the order of the revocation for an expired patent is akin

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