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Modern copyright jurisprudence offers protection, not only to classical types of literary and artisticworks such as books and movies (as an illustrious example, Denis Villeneuve’s new Dune adaption, in cinemas everywhere), but also to less inherently artistic and perhaps more mundane expressions of human creativity.
The Trademarks Act 1999- The Act intends on protecting the name of the brand by registering the trade name of the brand, hence eliminating the possibility of any other person using it without facing consequences. Visibly, the most imitated brands around the world are Gucci, Louis Vuitton, Chanel, Michael Kors, Coach, Nike, Rolex etc.
Several times, we see that luxury brands come up with limited edition products, whether it is cars, watches, cosmetics, chocolates, electronics, etc., The brand does not create more of these to maintain the attractiveness and exclusivity associated with the limited or special edition products.
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?
The famous brand Lays, during the ICC World Cup 2011 launched 6 new flavors, named after the countries playing the match, India, Sri Lanka, West Indies, Australia, England, and South Africa. Each piece was carefully handmade within the studio kitchen of the famous food artist Prudence Staite. COPYRIGHT OR DESIGN. Class 12 (Vehicles).
Volvo, to argue that there has been a trend in these cases wherein giant companies go after smaller companies and start-ups with a collection of baseless arguments, in a bid to broaden the scope of their brand and cash in on the consequential benefits that flow from the same. The Bombay High Court in Hindustan Unilever Ltd v.
Karanveer Singh Chhabra, emerges as a poignant saga, pitting the stalwarts of the liquor industry against each other in a quest for brand integrity and consumer trust. Whether the consumers of such products be able to differentiate between both brands? In this realm, the case of Pernod Ricard India Pvt. Deejay Distilleries (P) Ltd.
The Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and ArtisticWorks in 1886 both acknowledged the significance of the intellectual property. The World Intellectual Property Organization administers both accords (WIPO).”. Image Source: gettyimage].
And IPR serves to protect the creations of the human intellect, encompassing inventions, literary and artisticworks, designs, symbols, as well as names and images utilized in commercial endeavors. Another question regarding AI-generated copyright work in India is, whether AI should be given ownership of the work or not.
Fundamentals concerning this trend’s effects on consumer perceptions, intellectual property rights, and brand integrity are brought up. Although they provide more affordable options, knockoffs and counterfeiting present a problem for luxury brands and designers who want to safeguard their creative investments.
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