Maternity leave is not merely a workplace benefit—it is a vital safeguard for the health, dignity, and welfare of both mother and child. In India, the Maternity Benefit Act, 1961 guarantees paid leave to working women, but questions have arisen about whether such a benefit enjoys constitutional status, particularly under Article 21 of the Constitution.
... Continue Reading.Finally, Relief for Refurbishers! Softening Stance of DHC
Western Digital Technologies v. Hansraj Dugar, on a plain reading, may not seem a significant judgement. To me, however, it indicates a continuing shift in attitude of the Delhi High Court towards refurbishers. In this post, my aim is to give a round-up on cases where trade mark infringement has been alleged owing to refurbishment
... Continue Reading.Pakistan Is Fully And Squarely Responsible For Breaching IWT
It is definitely a no-brainer that India has been most patiently tolerating massive cross-border terrorism unlike any other country in the world since last more than four decades when I was just
... Continue Reading.UP’s 2019 Anticipatory Bail Restrictions Don’t Survive After Repeal Of CrPC, 1973 And Enactment Of BNSS, 2023: All HC
It is definitely most praiseworthy to note that while ruling on a very significant legal point with far reaching implications directly concerning the accused facing serious criminal charges, the Allahabad High Court
... Continue Reading.Husband Forcefully Committing Unnatural Sex With Wife And Assaulting Her For Resisting Can Be Prosecuted For Cruelty U/S 498A IPC: Gwalior Bench Of MP HC
It is definitely in the fitness of things that while striking the right chord, the Gwalior Bench of the Madhya Pradesh High Court in a most learned, laudable, landmark, logical and latest judgment titled X vs The State of Madhya Pradesh And Others in Misc. Criminal Case No. 32576 of 2024 and cited in
... Continue Reading.SpicyIP Weekly Review (May 26 – June 1)
Post on ANI’s latest copyright action – sending copyright strikes to YouTube creators, another perspective on the ANI vs. OpenAI copyright dispute, this time on excessive judicial borrowing and the storage paradox, and Delhi HC’s ‘Andaz Apna Apna’ order with too much, yet too little IP. This and more in our weekly roundup of blog
... Continue Reading.Case Summary: Kamla Nehru Memorial Trust & Anr. v. U.P. State Industrial Development Corporation Ltd. & Ors. (2025) | Public Trust Doctrine in Land Allotment Case
The Supreme Court of India upheld the cancellation of an industrial land allotment originally granted to the Kamla Nehru Memorial Trust (KNMT) by the Uttar Pradesh State Industrial Development Corporation (UPSIDC). The judgment is a strong reaffirmation of contractual obligations, procedural propriety, and the Public Trust Doctrine in matters of public resource allocation. Case Title:
... Continue Reading.SpicyIP Tidbit: Constitutional Challenge to Rule 29(4), Copyright Rules Rejected by the SC
In Next Radio Ltd. & Anr. v Union of India (SLP (C) No. 14373/2022), the Supreme Court (“SC”) has “disposed of as withdrawn”, a challenge to the constitutionality of Rule 29(4), Copyright Rules, 2013. The Petitioners sought permission to withdraw the Special Leave Petition, in light of an order passed by the Delhi HC in
... Continue Reading.The Great Flip: Can Opt-Outs be a Permitted Exception? Part II
Image from here This post is co-authored with Yogesh Badwal, an incisive student from NLSIU, a SpicyIP member, and, of course, a dear friend. In the previous part, we examined whether the opt-out mechanism, as claimed in Gen-AI litigations, constitutes a prohibited formality for the “enjoyment and exercise” of authors’ rights under Article 5(2) of
... Continue Reading.The Great Flip: Is Opt Out a Prohibited Formality under the Berne Convention? Part I
Image from here This post is co-authored with Yogesh Badwal, an incisive student from NLSIU, a SpicyIP member, and, of course, a dear friend. Bonjour, Lately, we’ve been cogitating on this curious concept called the “opt-out”—an argument cropping up with increasing frequency in generative AI litigation, including in India. The EU and the UK are
... Continue Reading.