SpicyIP

FEBRUARY 3, 2025

(This post has been co-authored with SpicyIP Intern Aditi Agrawal and Bharathwaj Ramakrishnan) Here is our recap of last weeks top IP developments including summary of the posts on taking stock of ANI vs OpenAI copyright litigation (Part I and II), and Machine Unlearning and the ANI vs OpenAI case.

Copyright 95

Copyright Litigation Trademark Copyright Infringement 95

IP and Legal Filings

MAY 15, 2024

The IP Owner and the third party are the licensor and the licensee respectively. Such a person can use it to serve their purpose in a limited manner for a particular period without having sole ownership of the property. It lets the Licensor grant a limited License for a fixed period or purpose without losing out on the ownership of it.

Licensing 98

Licensing Intellectual Property Ownership IP 98

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact).

IP 143

IP Intellectual Property Trademark Copyright 143

SpicyIP

JULY 13, 2021

As a practice, artists enter into contracts with publishers which grant them ownership of the work to commercially exploit it and collect the royalties it earns. An NFT acts as a certificate of ownership for whatever the creator puts up for sale.

Business 122

Business Music Contracts Non-Fungible Tokens 122

SpicyIP

MAY 4, 2023

Image from here [Long post ahead] In a momentous development, the Bombay High Court made a bunch of important interpretations concerning the rights of the authors of underlying literary and musical works in light of the Copyright (Amendment) Act 2012. The court passed a joint order in Indian Performing Right Society Ltd.

Music 98

Music Copyright Ownership Licensing 98

IP and Legal Filings

OCTOBER 30, 2022

The Philippines has laws and policies that generally support a conducive intellectual property (IP) environment, but enforcement is irregular and inconsistent. Several considerations are important for effective management of intellectual property (IP) rights in the Philippines. For example, U.S.

Trademark 98

Trademark Intellectual Property Registration IP 98

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. The decisions in the second category, i.e., Top 10 IP Cases/Judgements (Jurisprudence/Legal Lucidity) reflect those that we thought showed a fair bit of jurisprudential rigour and/or legal lucidity. Nataraj, Ms.

IP 124

IP Copyright Trademark Intellectual Property 124

IPilogue

JUNE 14, 2022

Tanzim Rashid is an IP Innovation Clinic Fellow and a 2L JD/MBA Student at Osgoode Hall Law School & the Schulich School of Business. Pina D’Agostino’s Directed Reading: IP Innovation Program course. This article was written as a requirement for Prof. Look What You Made Me Do.

Music 119

Music Contracts Licensing Ownership 119

Kluwer Copyright Blog

JUNE 20, 2023

Firstly, in conformity with the CJEU’s 2012 UsedSoft case, the exhaustion doctrine applies to first sales of computer software copies. Such resales of works of art taking place in tandem with NFT undertakings may generate the resale right, presupposing that on-chain NFT ownership and off-chain artwork ownership are aligned.

Artwork 98

Artwork Contracts Ownership IP 98

Intellectual Property Law Blog

JANUARY 11, 2023

During litigation, the unredacted version may be used as evidence to support the ownership of the redacted portions in the registered mask work. It is recommended for the applicant to keep an unredacted version of the design along with the redacted version used for registration. Source: official public catalog from Copyright.gov.

Registration 130

Registration Design Designs Copying 130

IP and Legal Filings

JANUARY 23, 2023

Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. Following the 2012 revision to the copyrights Act, it was made clear that Internet activities were also covered by the copyright law.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

SpicyIP

AUGUST 3, 2023

Kurian’s trail of transparency, discussions about authors and copyright societies, updates on the international IP landscape, or the hustle and bustle of the domestic IP domain, including Statements of Patent (Non-)Working, the journey through Junes had its own jilts and joys. Whether it’s P.H.

Registration 98

Registration IP Copyright Blogging 98

The IP Law Blog

DECEMBER 7, 2023

The motion was based on a recent change in ownership of Finjan, Inc., Intel was required by the 2012 license agreement to follow certain procedures, and the Federal Circuit found Intel acted with diligence in doing so. which had a license agreement with Intel.

Licensing 117

Licensing Government Patent Litigation 117

IP and Legal Filings

MARCH 19, 2025

ANALYSIS OF THE DISPUTE According to the Indian Copyright Act of 1957, copyright ownership is contingent upon the nature of any agreements or the footage in place. Author: Hitakshi Mishra , in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.

Copyright Law 59

Copyright Law Copyright Law Fair Use 59

IP and Legal Filings

JANUARY 22, 2024

Till now, the Copyright Act, 1957 has been amended five times in the year 1983, 1984, 1992, 1994 and the latest in 2012 which included the provisions for dealing with the digital content and Digital Rights Management Techniques. Digital Rights Management emerged as a result of ubiquitous copyright infringement related to digital content.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

IP and Legal Filings

DECEMBER 19, 2024

This would make it socially responsible to introduce technological break-throughs into services for the benefit of society, protecting intellectual property on one hand but allowing different voices that will shape the metaverse on the other, stipulating guidelines on data ownership and requiring consent by users.

Technology 52

Technology Invention Patent Intellectual Property 52

IP and Legal Filings

SEPTEMBER 8, 2021

Cryptocurrencies are significantly relevant in several IP-intensive industries such as music, pharmaceutical, automotive, and luxury goods. Moreover, in 2012, the USPTO received several patent applications that contained the terms “cryptocurrency” and “blockchain”. However, this can be prevented with stringent IP laws in place.

Intellectual Property 94

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

IIPRD

JANUARY 5, 2023

However, to a lesser extent, other IP laws like the Trademark Act and the Designs Act will also be important. A precise elucidation about the ownership of cinematographic films has been provided by Section 17 of The Copyright Act, 1957 Act. Who Owns What and Why.

Intellectual Property 98

Intellectual Property Cinema Ownership Music 98

TorrentFreak

DECEMBER 4, 2023

“Since Millennium engaged Defendants in 2012, Defendants have filed hundreds of cases on behalf of Millennium and parties that have since merged with Plaintiff Millennium Media, Inc., Once suspected infringers were identified, the defendants reportedly amended the complaints to name the suspected infringers.

Settlement 120

Settlement Reporting Intellectual Property Contracts 120

IP and Legal Filings

JUNE 15, 2023

Collective ownership: In case TK is protected under trade secrets there is no requirement of specific right holder and the community is deemed to have collective personality. Perpetual ownership: Patent and copyright both have a limited period of protection, after which the traditional knowledge falls into the public domain.

Ownership 98

Ownership Privacy Public Domain Copyright 98

IPilogue

AUGUST 16, 2022

The same was true regarding the address listed on the 2012 syndication agreement between Pugliese and August. Federal Court Dismisses Copyright Claim Due to Plaintiff’s Failure to Establish Ownership: [link]. The Court indicated that the standard affidavit formula requires a person to insert their name followed by an address.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

Patently-O

FEBRUARY 22, 2023

10] According to one of the biggest litigation funders, publicly traded Burford Capital—recently featured on 60 Minutes [11] —there was a 237% increase in overall litigation funding in the US between 2012 and 2018, a trend that, by all accounts, continues unabated. [12] Patent assertion finance today is a multibillion-dollar business. [2]

Litigation 126

Litigation Reporting Settlement Government 126

IP and Legal Filings

NOVEMBER 30, 2022

In November 2012, in Cambodia, at the 21st Asean Summit, the RCEP discussions were launched. The Agreement’s IP Chapter makes ratification of important international IP treaties and any ensuing modifications or revisions necessary. Introduction. This is very critical for Cambodia at this stage of development.

Intellectual Property 95

Intellectual Property Marketing Marketing IP 95

IP and Legal Filings

DECEMBER 6, 2022

Producers may claim exclusive ownership of an album or song in court owing to copyright protections. The 2012 Amendment included a new Section 31(c), which grants statutory licenses to anybody creating a “cover version” of the original work. 1] 1995 (1) ARBLR 555 Delhi. [2] 3] Wijayanto, Xenia & Nurhajati, Lestari.

Music 98

Music Copyright Copyright Infringement Moral Rights 98

SpicyIP

MAY 23, 2022

Without the registration requirement, there is no need of any documentation to even claim ownership, before pointing at someone else for alleged infringement and opening them up to arrest. The Delhi High Court, in the context of Section 64, in Event and Event Management Association v. Decriminalisation.

Copyright 137

Copyright Ownership Copyright Infringement Law 137

IIPRD

FEBRUARY 23, 2021

Businesses are turning towards their intangible assets, specifically their IP to finance their growth and further innovation. Pledging IP as collateral in a loan agreement is one of the many ways of IP-backed financing. Treasury and the UAW Retiree Medical Benefits Trust have also advanced IP backed loans.

IP 40

IP Intellectual Property Business Branding 40

43(B)log

AUGUST 5, 2021

Bambauer, Everything You Want: The Paradox of Tailored IP Regimes Customized IP has benefits (avoids lowest common denominator [or highest] problem), but also costs: manipulation to shift from one regime to another; colleciton of information by decisionmakers. Through 2012, only about 1000 registered.

IP 45

IP Invention Design Designs 45

IP and Legal Filings

APRIL 26, 2023

4] The Copyright (Amendment) Act of 2012 was enacted to establish a fair and rational system for copyright administration, and revenue sharing, and to protect the rights of those involved in audio and video recordings. [5] Firstly, it stated that the 2012 changes did not mention that the composers would retain their ownership rights.

Copyright 52

Copyright Music Moral Rights Ownership 52

SpicyIP

MARCH 9, 2025

Keep up with the ever changing world of IP with SpicyIPs Weekly Review! PPL, claiming ownership over public performance rights via assignments from music labels, alleged infringement after its representatives discovered unlicensed use of its repertoire. This and much more in this weeks SpicyIP Weekly Review.

Trademark 59

Trademark Patent Copyright Patent Application 59

LexBlog IP

DECEMBER 20, 2023

collectively, “Finjan”) in November 2012. Under the agreement, Intel received a perpetual and irrevocable license to “Finjan’s Patents,” which meant, “all Patent Rights that are owned or controlled at any time on or after November 6, 2012[,] by Finjan.” and Finjan Software, Inc.

Licensing 52

Licensing Contracts Litigation Technology 52

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

Art 52

Art Artwork Intellectual Property Copyright Law 52

LexBlog IP

SEPTEMBER 8, 2023

4] Dating back to 2012, Turkey has been vocal about its concerns and launched an international campaign for the repatriation of works in a vast number of museums, claiming that such works were taken from its soil. [5] ,” and sat on display in its new home for decades – until now. [1] 6, 2023), [link]. [2] 23, 2021), [link]. [4]

Art 52

Art Artwork Ownership Government 52

Kluwer Copyright Blog

SEPTEMBER 13, 2023

the UK’s IP Enterprise court has been described as filling a similar role since 2012 ), the CCB has been closely watched and hotly debated (see here , here , and here ). million in ongoing yearly costs. Though not entirely unique (e.g.,

Copyright 83

Copyright Litigation Copying Journalism 83

SpicyIP

FEBRUARY 27, 2024

We have already traversed through Junes , Julys , Augusts , Septembers , Octobers , Novembers , Decembers , and shared some stories like Rahul Cherian’s Legacy, 2010’s International Efforts on Pandemics, Corruption in IP Offices, Law Making via Leaked Documents, etc. While the terms like virtual reality, AI, etc., That’s all from my end. (By

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

The TTABlog

NOVEMBER 7, 2022

In seeking cancellation of a registration for the mark KIMBERLEY KAMPERS for campers, Petitioner moved for summary judgment on the grounds of non-ownership and abandonment, but it failed to meet its initial burden to make a prima facie case. Kimberley Kampers IP Pty Ltd v. Lacy , 102 USPQ2d 1036, 1042 (TTAB 2012).

Ownership 40

Ownership Registration IP Copyright 40

LexBlog IP

DECEMBER 7, 2023

The motion was based on a recent change in ownership of Finjan, Inc., Intel was required by the 2012 license agreement to follow certain procedures, and the Federal Circuit found Intel acted with diligence in doing so. which had a license agreement with Intel.

Licensing 52

Licensing Government Litigation Ownership 52

IP and Legal Filings

AUGUST 26, 2024

Personality Rights: Every individual has the right and ownership over the use of the information related to their identity, and this right even increases when the use is commercial. Author : – Abdul Ahad, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing. Rajagopal v.

Personality Rights 52

Personality Rights Privacy Intellectual Property Law Intellectual Property 52