IPilogue
NOVEMBER 17, 2021
In 2009, the Hudson’s Bay Company (HBC) mass-produced sweaters as part of their official merchandise for the 2010 Vancouver Olympics. It is likely that tattoos would fall under the Copyright Act under section 5(1), which delineates artistic works as expressions through visual medium. Current State of the Law on Tattoo Designs.
IP and Legal Filings
JUNE 12, 2023
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. Vipul Amrutlal Shah (2009) and MRF Limited v. The Supreme Court’s decisions in the case of Shree Ventakesh Films (SVF) v.
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IIPRD
APRIL 3, 2024
It is here that the distinction between ‘design’ in the Designs Act and ‘artistic work’ in the Copyright Act becomes relevant. This is evidenced as an artistic work enjoys protection throughout the life of the author plus sixty years; whereas a design only enjoys protection for 10 years from registration.
IP and Legal Filings
MARCH 1, 2023
[i] The very first accords to recognise why IPRs are important were the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). REFRENCES [i] Bajaj Auto Ltd vs. TVS Motor Company Limited 2009 [ii] Yahoo!, iv] Sameer Wadekar & Anr.
IIPRD
AUGUST 11, 2023
No strict actions are taken against these infringements; in fact, in a Supreme Court case in Japan in 2009 [1] the creator of file sharing program known as ‘Winny’ was not found guilty of infringing content through providing file-sharing software and his actual intent of legitimate legal use was considered over the alleged infringement.
The IPKat
MARCH 25, 2022
A key issue identified by the Hearing Officer was the use of WONDER WOMAN as a trade mark and the comparisons that could be drawn between it being used as the title of an artistic work.
IP and Legal Filings
MAY 3, 2023
The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.” 1] [1916] 2 Ch 601. [2]
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