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However, even then, the degree of novelty required in work was not so low as to allow everyone to get copyright protection for their artisticwork. However, in 2003, with the case of Eastern Book Company v. In the case of Indian Express Newspaper (Bombay) Pvt Ltd v. Copyright Act or Design Act?
In relation to ‘Parodies’, since it is derived from the original work of another writer or artist, it is difficult to draw a line between creative criticism and imitation. It has become a common to modify brand names, movie titles etc. 2003 (27) PTC 457 (Bom) (DB). to create memes, satirical one-liners etc.,
In the instant case where both the parties were involved in manufacturing water storage pipes, the appellant sought the removal of the respondent’s copyright registration for an artisticwork titled “Gauri Aqua Plast,” claiming it was deceptively similar to its own registered work “Plasto.” Oomerbhoy Pvt.
Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] It is here that the distinction between ‘design’ in the Designs Act and ‘artisticwork’ in the Copyright Act becomes relevant. Infringement Of IPR – Design or ArtisticWork?
However, outside the realm of brand marketing, when celebrities make use of a phrase, to the point of it becoming associated to them, it becomes a catchphrase of their own. Therefore, the same cannot be protected under Indian Copyright law as a literary or artisticwork but could be protected under passing off law if a case is made for it.
It means the products created by the use of the human mind as well as some resultant inventions, literary works, original designs, and the identities of various trademarks or logos that serve as brands in the market. for new “lines and grains” of “Basmati” rice as a brand name while its headquarters located in Alvin, Texas.
The law doesn’t specify 3D or 2D characters as copyrightable, but they can be covered under artisticworks as per Section 13 of the Copyright Act. To identify such fictional works, we generally rely upon two tests Character Delineation Test [10] and Story being told Test. [11] 10] Nichols v Universal Pictures Co, 45 F.2d
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