SpicyIP Weekly Review (May 11 – May 17)

With great sorrow we share the news of the passing of Mr. Nataraj G, founder of LCGN Advocates – a post on his life and work. Marking Prof. Shamnad Basheer’s 50th birthday, a post revisiting his last recorded interview and also announcing three new initiatives! A post on the continuing Section 3(k) saga, Yogesh Byadwal writes on the frameworks within which the Courts are working while deciding objections u/s. 3(k). Case summaries and IP developments from the country and the […]

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Breaking: Breakthrough for India’s SEP Jurisprudence in new Philips v. Rajesh Bansal ruling!

DVDs are long gone from our markets, yet their SEPs continue to be on pause, play, rewind! A momentous decision has been delivered by the Delhi High Court today – a big, refreshing and important update for the developing standard essential patent (SEP) jurisprudence. The division bench decision comes from Justices Hari Shankar and Om Prakash Shukla and is a turning point in the decade long SEP litigation between Philips and Rajesh Bansal. The case was among the initial SEP

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SpicyIP Bells & Whistles: IP Events and Opportunities (18.05.2026)

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: Collective Trademarks Some bells do not just chime, they remind us that value is not always created alone. This week’s bell is for Collective Trademarks, a form of trademark that shifts the conversation from individual ownership to shared

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Remembering Mr. Guruswamy “Nutty” Nataraj (1970-2026)

[This post is co-authored by Swaraj and Praharsh] It’s with great sorrow that we share the news that the Indian IP fraternity lost one of its brightest stars yesterday. Mr. Guruswamy Nataraj, founder of LCGN Advocates and alumnus of NLSIU (1988-1993), renowned for his formidable patent law practice, sharp wit, infectious smile, and warm sense of humour, passed away following a heart attack, after a courageous battle with cancer over the last few months.  Mr. Nataraj (affectionately called “Nutty” by

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Keep the ‘Technical’, Let’s Bring Consistency in 3(k)

Section 3(k) is one of the most curious provisions in the Indian Patents Act. A mere 13-word sub-section, 3(k) has today become a hot mess. Despite the release of CRI Guidelines in July 2025 (the fourth such iteration of the guidelines), 3(k) is none the fuzzier.  The actual scope of the words used in 3(k) continues to elude us.  Last week, the Delhi HC, in Blackberry v. Controller, had another opportunity to opine on patentability u/s. 3(k). The invention in question was a method to

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Zee v Nykaa: The $210,000 Worth Instagram Reels

Zee Entertainment (“Zee”) approached the Delhi High Court to seek damages amounting INR 2 crores (approximately $210,000) from Nykaa for allegedly using copyrighted songs in their 12 Instagram reels (short form videos). But this is not a standalone tale of a music rights holder suing a brand for unlicensed use of its tracks in social media marketing – it is the familiar storyline across the globe – whether it be the Warner Music Group suing Iconic London Ltd. (USA) or Sony

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So Near, Yet So Far: A Look at India’s Vaccine Push Caught Between Promise and Policy

Disclaimer: This post discusses a development from mid-March 2026. As readers of this blog are no doubt aware, vaccine policy in India has never quite been a straight road. It is always puddled with poor transparency and poorer access. Two developments (one involving an international IP licensing arrangement for a Nipah vaccine, and the other concerning the curious sidelining of an indigenous HPV vaccine, both involving the Serum Institute of India (SII)) offer another opportunity to assess the state of

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Shamnad at 50: Still Lighting the Way

About 7 and a half years ago, Shamnad had gone to Iran, as a guest lecturer in a workshop organised by their National IP Training Centre in collaboration with WIPO. There, he would also give what may have been his last recorded interview. And perhaps because the website was not in English, nor was the video uploaded directly to youtube, it appears very few people have had the pleasure of listening to it! Candid and free-flowing, (including, of course, discussions

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Looking for a FRANDly Precedent? DHC missteps in Malikie v. Xiaomi pro-tem order

A new dawn, and a new pro-tem order is out from the Delhi High Court. A short while ago I wondered if temporary deposit orders were here to stay, seems like the answer is yes! The Malikie v. Xiaomi pro-tem order is not the best news for the development of Indian SEP jurisprudence. It adds confusion to assessment of essentiality, nuances of rate calculation and shows the faults of finding reasonings in precedents where fact-sensitive analysis require different decisions. The

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Another brick in the wall for the Continuing Rights of Authors

In another articulation of the clear intent and purpose behind the copyright amendments that were brought in 2012, to economically enable intended beneficiaries of the copyright regime, i.e. the authors of the underlying works, the Division Bench of the Calcutta High Court has reaffirmed that irrespective of the musical and the literary works being embedded in a sound recording, at every exploitation of the said sound recording by a user, de hors it being show along with the film it

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