IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. They must not be used by anyone other than the artist himself. However, many a times, we witness these designs being copied or recreated. Literary Works Other than Computer Programs.

Designs 93

Designs Design Copyright Copyright Infringement 93

IP and Legal Filings

JULY 13, 2022

Rajnish Chibber , the court held that compilations are also copyrightable, following in the steps of SCOTUS. However, even then, the degree of novelty required in work was not so low as to allow everyone to get copyright protection for their artistic work. Copyright Act or Design Act?

Copyright 70

Copyright Artistic Work Designs Design 70

Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

OTT services may implement tools for content recognition and removal of infringing material from User-generated Content (UGC). Section 37(3) enlists the various acts which may constitute infringement of ‘broadcaster’s reproduction rights’ in the absence of an authorized license.

Cease and Desist 98

Cease and Desist Licensing Intellectual Property Copyright 98

IP and Legal Filings

SEPTEMBER 12, 2022

Cooper case, a work does not have to be entirely unique in order to be protected by copyright; rather, there needs to be some effort put into it and it cannot be a carbon copy of another person’s work. The lack of organisation and ambiguity make the protection problematic even if the work is copyrighted.

Art 52

Art Copyright Artistic Work Public Domain 52

IP and Legal Filings

APRIL 24, 2023

The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. Any member of public can take inspection of the records and obtain a certified copy of the entry. Section 19 of the Indian Design Act 2000 provides for rectification of a registered design in India.

Designs 75

Designs Design Registration Law 75

SpicyIP

MAY 6, 2024

vs Prerna Rajpal Trading As The Amaris Flagship Store on 29 April, 2024 (Delhi High Court) The dispute is over copying substantial elements like placement, pattern, color combination of plaintiff’s Serpenti Ocean Treasure Necklace by the defendant’s Shield-It Necklace. Bulgari S.P.A Kutch’s Ajrakh gets GI tag.

Trademark 59

Trademark Invention Licensing Patent 59