Technology & Marketing Law Blog

AUGUST 2, 2023

A new breed of artists is using generative artificial intelligence tools like DALL·E, Midjourney, Firefly, and ChatGPT to create artistic works. Do these creations belong to the artists or the public domain? The public at the time widely viewed photography as merely the work of machine , not a tool for artistic vision.

Artwork 98

Artwork Blogging Art Copyright 98

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. It is basically giving a right to the original creator, so that no one uses that work.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

SpicyIP

SEPTEMBER 29, 2024

The respondent, the Assistant Controller, had refused the application under Section 15 of the Patent Act, 1970, citing a lack of novelty and inventive step, based on prior art. It observed that the Controller erred in determining novelty by failing to distinguish the specific features of the invention from the prior art.

Trademark 104

Trademark Confidentiality Patent Application Copyright 104

Dragons' Den

APRIL 4, 2024

From yard art to supplement drinks, there were a range of products to whet everyone's appetite in this week’s Dragons' Den episode! Creating Art First up are Grant and Charlotte who are cofounders of Yard Art UK Ltd. Sara Davies started the questioning by asking Charlotte if she created any of the wall art herself.

Blogging 40

Blogging IP Artwork Artistic Work 40

Intellectual Property Office Blog

OCTOBER 15, 2021

It was remarkable to see the incredible new technology on display and how intellectual property was being used to protect inventions and works. In this blog, I will endeavour to answer the most frequently asked questions from the show, to provide you with the tools to protect your works and alleviate any concerns you may have.

Artistic Work 112

Artistic Work Intellectual Property Social Media Copying 112

IIPRD

JUNE 13, 2024

Intellectual property right The World Intellectual Property Organization coordinates the policies and national initiatives around intellectual property rights and has defined intellectual property as referring to the “unique value creation of the human intellect that results from human ingenuity, creativity, and inventiveness”.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

LexBlog IP

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.” A patent protects an invention. As the U.S. Again, it depends. What are you trying to protect?

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

IP and Legal Filings

SEPTEMBER 20, 2023

While nobody knows who invented Yoga Asanas, the Yoga Sutras compiled by the Indian sage Patanjali are considered to be one of the earliest organized resources on Yoga Asanas. So, it is extremely difficult to exactly determine when or by whom any Yoga Asana was invented. Fixation: The work must be fixed in a tangible medium.

Copyright 98

Copyright Copyright Law Invention Public Domain 98

IP and Legal Filings

MARCH 9, 2022

Introduction: Appreciating art, culture, and innovation is a prevalent practice for ages. These rights have the sole purpose and that it so protects and confer the creation or an invention specific to a certain period. Copyright- copyright protection is given to the works of authorship.

Ownership 96

Ownership Copyright Trademark Contracts 96

IIPRD

JUNE 24, 2024

3] Berne Convention for the Protection of Literary and Artistic Works, 1887 ‘The Berne Convention for the Protection of Literary and Artistic Works’, formed on September 9, 1886, is the earliest international treaty on copyrights. [4] 6] Supra note 4, art. 36/37 (1998): 2334– 35. [4] 5] Alikhan, Shahid.

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

SpicyIP

NOVEMBER 19, 2023

St Art India Foundation & Anr. vs Acko General Insurance on 10 November, 2023 (Delhi High Court) The dispute pertains to the use of the plaintiff’s artistic work “Humanity” by the defendant in one of its advertisement hoardings.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

Intepat

MAY 28, 2024

It includes creations of mind, such as inventions, literary and artistic works, designs, symbols, and names used in commerce. It is the competitive intensity, the existing standards and any prior works/ forms of the existing work (prior art) that shape IP strategy.

Intellectual Property Management 52

Intellectual Property Management Intellectual Property IP Licensing 52

IIPRD

OCTOBER 17, 2022

the plaintiff opened an art gallery in the virtual game world with the assistance of Second life, called “SLART” and obtained a trademark registration. At some time the plaintiff realized that the avatar is Second Life was using SLART for his art gallery. This right is given to literary and artistic work like music, etc.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

SpicyIP

MAY 6, 2024

The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Highlights of the Week Problem Statement Precision: A Key Factor in TSM-Based Non-Obviousness Determination?

Trademark 59

Trademark Invention Licensing Patent 59

Kashishipr

JULY 14, 2021

Copyright Law protects works underlying original works of authorship, which are fixed in a tangible medium, and therefore, may include literary, dramatic, musical, and artistic works. A recipe can be patent protected, provided it is novel, possess an inventive step, and is non-obvious of the existent state of the art.

Intellectual Property 105

Intellectual Property Copyright IP Artistic Work 105

The IPKat

FEBRUARY 3, 2023

This litigation has arisen amongst a flurry of recent interest in AI generated works. There has been limited case law citing the section 9(3) and there remains some ambiguity and academic debate on the ownership of computer-generated works under English law.

Litigation 143

Litigation Copying Copyright Designs 143

IIPRD

JUNE 14, 2021

The article attempts to conclude that the fashion business is an IP-intensive industry, constantly producing and industrially misusing inventive thoughts and advancement. Copyright vests in original, literary, dramatic, musical, and artistic works, and when such an idea is converted into a concept, it becomes copyrightable.

Intellectual Property 40

Intellectual Property Artistic Work Design Designs 40

Traverse Legal Blog

OCTOBER 20, 2022

Intellectual property or IP is a creative work or invention that one holds rights to. Manuscripts, designs and art can all be classified as intellectual property. What is Intellectual Property? Some may not realize that video games are also considered intellectual property. How are Copyrights Used?

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

IIPRD

JUNE 6, 2022

The term “Traditional Knowledge” is defined as “Traditional knowledge relates to local and indigenous cultures’ awareness, inventions, and customs all over the world. In order to combat alleged abuses such as biopiracy, several communities have built traditional knowledge databases to document their traditional knowledge as prior art.

Intellectual Property 40

Intellectual Property Invention Copyright Patent 40

IP and Legal Filings

AUGUST 12, 2024

It means the products created by the use of the human mind as well as some resultant inventions, literary works, original designs, and the identities of various trademarks or logos that serve as brands in the market. GIs assure that the products are not fake and also let people experience the different cultures and arts.

Intellectual Property 52

Intellectual Property Marketing Marketing Brands 52

Kashishipr

AUGUST 31, 2022

Such creations may include literary and artistic works, designs, names, inventions, etc. Being a copyright owner or holder, you have the exclusive right to require a license for your creative work’s use. In simple terms, IP is a category of property that includes the intangible (i.e.,

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

IPilogue

NOVEMBER 30, 2021

Ratajkowski explained the impetus for its creation in her essay “Buying Myself Back”, where she shares that the photo she shared on Instagram had been hanging in the Gagosian as part of Richard Prince’s “New Portraits” art show. In this case, the software would still belong to the software engineers that invented it.

Non-Fungible Tokens 110

Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. The Court directed the NBA to determine whether the invention relates to biological resource with a reasoned order.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of IP most often associated with artistic works like fine art, movies, or books. That’s understandable. Trademarks.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

SpicyIP

MARCH 11, 2024

The Controller of Patents rejected it, primarily citing prior art and asserting non-patentability under Section 3(i) of the Patents Act. The decision highlighted the Controller’s duty to consider existing knowledge and the inventive step properly. Dr Reddy S Laboratories Limited vs Neutec Healthcare Pvt.

Trademark 59

Trademark Registration Copyright Patent 59