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These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.
After applying for a trade mark called ‘Fauré Le Page’ in 1989, Saillard sold this trade mark to Fauré Le Page Paris in 2009. AGA did not accept the sales of the cookers changed by the UKIG since they were no longer counted as the original AGA Cookers which led to the infringement of AGA`s trade mark rights.
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.
Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009. Bentley Systems Inc & Anr vs Pnc Infratech Limited & Ors on 13 May, 2024 (Delhi High Court) The plaintiff instituted the present copyrightinfringement suit against the defendant for continuing to use the plaintiff’s software after the expiry of its license.
Radha Pocket Books,the plaintiff filed a copyrightinfringement case against the defendant for publishing a comic book character named ‘Nagesh’. In another case of Indian Performing Rights Society v. OS) 1745/2009 Rajagopal and Ors. InRaja Pocket Books v. Entertainment Pvt. Network Solutions (P) Ltd.CS(OS)
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