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C-42 , the following conditions must be met for a copyright to be conferred to an author of an artisticwork:(1) the work must be original; (2) the person must be the author of the work; and (3) they must, at the date of its creation, be either a Canadian citizen or a citizen of a signatory country on the Berne Convention (para 26).
In 2015, the Romanian Academy/National Foundation for Science and Art, published a book that allegedly incorporated Slușanschi’s critical edition. It is clear to me that the InfoSoc right applies to instances of both literal and non-literal copying (a clear example being the photo-fit at issue in Painer !)
In 2015, the Cowichan Tribes were faced with the issue yet again when Ralph Lauren launched their own line of Cowichan sweaters. 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 IP protection ensures that other designers, whether direct competitors or producers of knock-off jewelry or imitation jewelry, do not ruin their reputation or copy their designs so as to reduce the value of their jewelry and lose out on potential sales. Section 2(c) of the Copyright Act defines what “artisticwork” is.
It usually entails review, commentary, satire, comedy, criticism over the original work. Even though Section 52 of the Copyright Act classifies any artisticwork under fair use, it is imperative to note that it does not safeguard total imitation of a work. Varsha Productions, 2015 SCC OnLine Mad 158. [7]
The domain of copyright deals with the literary, musical, dramatic, and artisticworks, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.
The plaintiff alleged that the defendant’s use of “Café Social” for its restaurant in Chhindwara, Madhya Pradesh infringes its trademark as it copied the “Social” word mark and the plaintiff’s distinctive artwork representing its trademark. Dr Reddy S Laboratories Limited vs Neutec Healthcare Pvt.
PDF copy available. IP includes any creation of the mind, including inventions, literary and artisticworks, symbols, names, images, and designs, and various forms of IP protection cover these different categories. The lithium-ion battery, introduced commercially in 1991, revolutionized the consumer electronics industry.
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