Remove 2000 Remove Copyright Infringement Remove Due Diligence Remove Marketing
article thumbnail

Synergy Between Ipr And E-Commerce Platforms

IIPRD

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] The exception here is that due diligence must be exercised by them. In the case of Tiffany v.

article thumbnail

Fashion Copyright and Infringement

IP and Legal Filings

Indian courts, for the longest time, followed the doctrine of “sweat of brow”, upholding the belief that a work requires only due diligence and effort, rather than originality and creativity in order to be granted copyright protection. Copyright Act or Design Act? What is the Indian take on originality v. creativity?

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

European Copyright Society (ECS): Comment on Copyright and the Digital Services Act Proposal

Kluwer Copyright Blog

On 15 December 2020, the European Commission submitted a proposal for a Regulation on a Single Market For Digital Services (Digital Services Act, DSA) and amending Directive 2000/31/EC. Against this background, the European Copyright Society (ECS) issued on 17 January 2021 a comment on “Copyright and the Digital Services Act”.

Copyright 120
article thumbnail

Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)

Technology & Marketing Law Blog

If the Supreme Court upholds the discovery rule for copyright cases, or simply declines to address it, the decision will leave copyright defendants exposed to very large awards for years of infringing conduct (as they have been everywhere but the Second Circuit). 549, 555 (2000). Petrella , 572 U.S. Wood , 528 U.S.

Music 96
article thumbnail

The Ninth Circuit Reaffirms the Discovery Rule for the Copyright Act’s Statute of Limitations — Starz v. MGM (Guest Blog Post)

Technology & Marketing Law Blog

In so holding, the Ninth Circuit created (or widened) a circuit split with the Second Circuit, which previously held that even under the discovery rule, damages for copyright infringement are limited to “a three-year lookback period from the time a suit is filed.” Scholastic, Inc. , 3d 39, 52 (2d Cir. Petrella , 572 U.S. 3d 39 (2d Cir.