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Protecting Fashion or Stifling Innovation

IIPRD

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 ‘artistic work’ in the Copyright Act becomes relevant. Infringement Of IPR – Design or Artistic Work?

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Fashion Copyright and Infringement

IP and Legal Filings

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. 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?

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Playing from a “Safe Distance”: Analysing the Rule, its Roots and Application in India

SpicyIP

Image by wirestock on Freepik Playing from a “Safe Distance”: Analysing the Rule, its Roots and Application in India By Samridhi Chugh In today’s age of ever-intensifying market competition and mounting infringement litigation, it is only inevitable that the judiciary finds itself compelled to continually update its enforcement arsenal.

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Localisation Vs Globalisation in Gi Tags

IP and Legal Filings

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. These creative concepts are shielded by legal means called patents, copyrights, and trademarks.

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Can Celebrity Catchphrases be Intellectually Protected?

IIPRD

Some classic examples of catchphrases in the commercial market include Nike’s “Just Do It,” KFC’s “Finger Lickin’ Good,” Thums Up’s “Taste the Thunder,” Redbull’s “Give you Wings,” among others. A trademark is a marketing tool, valid in India for ten years once granted and can be renewed further. In Reebok India v.

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IP Issues in The World of Japanese Sequential Art – Manga

IIPRD

Afterward, the second world war did pose an interruption in the steady growth but in turn, it scaled the manga market to a whole new different level in 1947. According to the well-settled laws of copyright, it is a blatant mutilation of the rights of an author over their works and the characters they have developed. Napster, Inc.,

Art 52
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Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

Also in its amended opinion, in light of the Supreme Court’s decision in Google , the court placed newfound emphasis on the consideration of the “public benefits” the copying will likely produce as part of its analysis of the fourth fair use factor—the effect of the use on the market for the original. 17 U.S.C. § at 36, 43. [14]