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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 artisticworks as expressions through visual medium. Current State of the Law on Tattoo Designs.
This issue was cleared in Civic Chandran case wherein the Court held that ‘the purpose of reproduction of artisticwork i.e., counter drama was not misappropriation, to produce a play similar to the original. Vipul Amrutlal Shah (2009) and MRF Limited v.
Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. It was written with a distinct style and message.
[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 ArtisticWorks (1886). REFRENCES [i] Bajaj Auto Ltd vs. TVS Motor Company Limited 2009 [ii] Yahoo!, iv] Sameer Wadekar & Anr.
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.
As recently in 2022 Hermès, a fashion house sued Manson an NFT (non-fungible token) creator for trademark infringement who marketed a digital asset called “Metabirkins”, which was a digital copy of a bag created by Hermès, which sold at many high prices. This right is given to literary and artisticwork like music, etc.
on 19 September, 2024 (Delhi High Court) The petitioner sought rectification of the copyright for “DHAKA SHREE BHARAT,” accusing the respondents of fraudulently copying his “Jai Bharat” label and securing copyright for an identical design. Rohit Kumar Dhaka & Anr. Despite this, they were accused of continuing to infringe on the copyright.
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