Kluwer Copyright Blog

MARCH 30, 2025

Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. The ruling clarifies the scope of protection under German and EU law for works of applied art.

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IP and Legal Filings

FEBRUARY 17, 2025

A trademark is a symbol or design or word or phrase that acts as an identifier for a business goods or services. A business may come up with a unique design to stand out from its competitors, to act as a differentiating symbol for the company. Within India, the sports market is able to thrive due to the extensive laws.

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Garrigues Blog

APRIL 16, 2024

The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law.

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IPilogue

NOVEMBER 9, 2022

A decision dated August 5, 2022 from the United Kingdom’s High Court of Justice has the potential to expand the definition of “artistic works of craftmanship” under UK copyright law. However, Liking argued that since the WaterRower could not be considered a “work of artistic craftmanship,” no copyright subsists in the WaterRower.

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The IPKat

SEPTEMBER 7, 2024

Like all rules, there are exceptions though: one of them concerns works of applied arts. Turning to EU law, works of applied art are protectable under both design and copyright laws in accordance with the principle of rights cumulation.

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SpicyIP

JULY 29, 2021

Typeface’ refers to the particular design of letters, numbers, marks and symbols. This post only deals with copyrightability of fonts from artistic work perspective and does not explore the copyrightability of fonts as code or literary works. Before we begin, let me lay down the glossary for this post.

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Intepat

DECEMBER 12, 2021

A lot of attention is placed on the art of plating, especially in the restaurant business. Section 13(1)(a) of the Copyright Act of 1957 protects original artistic works, while Section 2(c)(iii) defines “artistic work” as “any other work of artistic craftsmanship.”

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Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design.

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IP and Legal Filings

SEPTEMBER 17, 2021

Fashion, in 2021, has evolved to become a form of art that acts as a vehicle for cultural commentary and is not just merely restricted to the process of manufacturing apparel. Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. dollars in the USA.

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Garrigues Blog

MARCH 27, 2025

Firstly, it seems clear that any element that is included in a board game and meets the originality criterion, constitutes a literary or artistic work, depending on its nature. Drawings, designs, figures or characters can be classified as artistic works. Tecnos, 2017 (Comentario al art.

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Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights.

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IP and Legal Filings

SEPTEMBER 12, 2022

What Constitutes Art. Any creative works are under the purview of copyright law, according to WIPO. These creations are regarded as artistic. As a result, visual arts including paintings, sculptures, literary works, as well as video, plays, and music, are regarded to be works of art. Copyrighting Art.

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LexBlog IP

SEPTEMBER 27, 2021

” Second, the Board determined that the separable portions of the design, in combination, met the minimum threshold of creative authorship necessary for some level of copyright protection to result. A copyright audit performed by a qualified design rights attorney may be able to identify these “slumbering” rights.

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The IPKat

JUNE 17, 2023

“ Perhaps I’ll be remembered in history as the banana imbecile ”, summed up provocative and uber-creative artist Maurizio Cattelan in a recent interview with Italian newspaper Corriere della Sera. In all this, Cattelan is likely right in saying that Comedian is one of the best-known works of his.

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IPilogue

MARCH 11, 2022

Tetiana Pata, Nadia Bilokin, Paraska Pavlenko, Iryna Pylypenko, and Pelaheia Hlushchenko are known as the “founding mothers” of the transformative period of Petrykivka art where local artists integrated the style to their traditional mediums following its re-discovery. Petrykivka can transform everyday objects into art.

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IPilogue

DECEMBER 13, 2021

With tech becoming ever more sophisticated, users can now opt to express themselves with filters that seamlessly blend vibrant eyeshadow or sparkly lipstick designs (among many others!) 5(1) of the Copyright Act , copyrights subsist in artistic works such as photographs or paintings. to their face. Spoiler alert, it depends.

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IP and Legal Filings

MAY 29, 2022

Copyright safeguards works made by a genuine creator in a variety of genres, including literary, musical, theatrical, and artistic works. There is, however, a procedure that must be followed in order to register the copyright for all such works. HOW LONG DOES COPYRIGHT LAST FOR? . It does not continue in perpetuity.

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IP and Legal Filings

MAY 24, 2024

The advent of state-of-the-art technology has especially brought this tussle to the fore, exacerbating the conflict between the two competing rights. Secondly, it refused to recognize those non fungible tokens as an ‘Art’ and held them disentitled for any protection under the ‘First Amendment’.

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LexBlog IP

MAY 18, 2022

8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” 8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” The situation is much more complex for product designs and 3D packaging. copyright law.

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The IPKat

FEBRUARY 3, 2023

The current generation of AI image generation tools such as Stable Diffusion , Midjourney and DALL·E 2 are designed to take a text description or prompt from a user and generate an image that matches the prompt. This recent litigation takes place against a backdrop of increased public debate around the law and ethics of AI generated art.

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Art Law Journal

APRIL 27, 2022

Compiling a professional digital art portfolio of your work is a vital part of marketing yourself as a creative and landing jobs for artists. The art world is rife with the competition; ensuring that your portfolio is as impressive and professional as possible will raise the chances that you get noticed.

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The IPKat

MARCH 2, 2023

Grimaldi ) whereby the right to protect a registered trade mark (a protection given in the USA law essentially by the Lanham Act ), under some circumstances, cannot be enforced to detriment of “the right of others to express themselves freely in their own artistic work” (from the Rogers v. Grimaldi case). Coming back to the Hermès v.

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The IPKat

SEPTEMBER 29, 2022

Roberto Pardolesi gave a talk that focused on the antithesis between the two possible visions of copyright, one more inclined to see the works of art as a tradeable good, the other that mainly sees the protection of authorship as the main purpose of copyright.

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IIPRD

APRIL 3, 2024

1] The fashion industry in India is extremely diverse in the type of fabric, labour, design, way of draping, and handwork that is used. Protection of Fashion: IPR Indian fashion houses have begun to toe the line of Western fashion houses by registering their designs and fashion works as IPR. [4] Tahiliani Design Pvt.

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Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. Firstly, the amendment 399 to Art.

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The IPKat

OCTOBER 15, 2023

When assessing whether a work of applied art affords exclusive rights granted through copyright, what factors should be considered? The design was largely attributable to functional and technical considerations and based on simple variations of previously known designs that are part of the general design repertoire.

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IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i]. In the Southern District of New York, Nike v.

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The IP Law Blog

JANUARY 18, 2024

Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S.

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IPilogue

NOVEMBER 17, 2021

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. Of note, in DRG Inc.

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IPilogue

SEPTEMBER 23, 2021

To call the result a stalemate would stultify the point of having presumptions at all and would anyway probably be contrary to art. 15(1) of the Berne Convention on the Protection of Literary and Artistic Works 1971 [ Berne ], which requires the author to prevail if their name appears on the work in the usual manner.

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IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. In looking at this question, you first need to consider what work is being used as a tattoo.

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The IPKat

AUGUST 30, 2024

AGA also alleged that the control panels fitted by UKIG to the eControl Cookers infringed the copyright in its design drawing for the control panel of its own electronically controlled AGA Cookers. Section 12 is derived from Art.7 Comment This decision is an important one on a number of fronts.

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SpicyIP

MARCH 9, 2025

The plaintiff alleged that the defendants are selling counterfeit products using his registered design without authorization. Basf Se vs Joint Controller Of Patents And Designs and Ors. The plaintiff, a proprietary firm, held a registered trademark (ARJUN) since 1993 and a copyright for its artistic work, with claimed use since 1978.

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LexBlog IP

FEBRUARY 26, 2024

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk.

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IIPRD

MARCH 4, 2024

This right can be related to music, a book, a logo, any art work, work related to science, designs of the industries. Work related to art or any rights which is related to literary, artistic, or scientific related matters. This is basically for literary and artistic work.

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IPilogue

JANUARY 17, 2022

Photo from Cooper Hewitt , Smithsonian Design Museum, 1926. While many were observing the new year, intellectual property scholars and the artistic community were celebrating Public Domain Day. where the work was still protected by copyright. or other jurisdictions such as the U.K.

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IIPRD

OCTOBER 7, 2024

The Intellectual Property incorporates the makings of the thoughts such as the discoveries, literary and artistic works, design, symbols, names, and images used in the business. Trade Secrets include the secret business information that provides a competitive edge such as the formulas, practices, designs, and processes.

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