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Even though it’s only an interim decision, it is interesting and well worth a read for any copyright lawyer because Deputy High Court Judge David Stone provides an in-depth analysis of the UK copyright position on artisticworks. A work of artistic craftsmanship is a sub-category of an artisticwork.
While copyright is concerned with the creative part of jewellery, design is concerned with the shape, configuration, pattern, and mix of lines or colours in two or three-dimensional forms. This signifies that it does not cover artisticwork but rather the features of the product that make it more attractive to the consumer.
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.
Architectural designs came to be recognised as a form of intellectual property capable of protection after the 1908 Amendment to the Berne Convention, 1886. This inclusion was crucial in recognising and protecting the rights of architects over their architectural designs and works.
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.
Firstly, it seems clear that any element that is included in a board game and meets the originality criterion, constitutes a literary or artisticwork, depending on its nature. Drawings, designs, figures or characters can be classified as artisticworks.
The label in question was designed by an employee of SK Oil Industries. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artisticwork. As per NTC’s statement, both SSPL and SK Oil Industries couldn’t claim copyright in the artisticwork. For more visit: [link].
Ares Design, an Italian car manufacturer, filed a cancellation action against Ferrari’s mark by arguing that it had not been used for a continuous five-year period. The shape was once eligible for protection as a registered design, but designs can only last for a maximum term of 25 years in the EU.
As part of the course requirements, students were asked to write a blog on a topic of their choice. 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!) to their face. Spoiler alert, it depends.
A design is that aspect of a product that constitutes its ornamental or visual features. An Industrial Design (ID) may be deemed as a process of designing a product that focuses on the functionality and manufacturability of the product apart from just the appearance of it. HOW IS AI RESTRUCTURING THE INDUSTRIAL DESIGN MARKET?
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.
A decision dated August 5, 2022 from the United Kingdom’s High Court of Justice has the potential to expand the definition of “artisticworks 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.
This blog post speculates on the issues that may arise in that litigation and other similar cases. 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.
AGA also relied on copyright in a design drawing of an AGA control panel and claimed copyright infringement by the Defendants’ control panel. However, the court found that the Defendants were entitled to rely on the defence afforded under section 51 of the Copyright, Designs and Patents Act 1988.
1] The fashion industry in India is extremely diverse in the type of fabric, labour, design, way of draping, and handwork that is used. 3] The blog deals with the role of IPR in fashion and the struggle between innovation and imitation. Infringement Of IPR – Design or ArtisticWork? Tahiliani Design Pvt.
Other Posts Call for Submissions: Indian Journal of Law and Technology [Volume 21] and IJLT Blog (Submissions on Rolling Basis) NLSIUs Indian Journal of Law and Technology (IJLT) is inviting submissions for Volume 21 of the Journal and the IJLT Blog, on a rolling basis. Basf Se vs Joint Controller Of Patents And Designs and Ors.
Graphical User Interfaces (GUIs) are essential elements of modern software, defining how users visually interact with applications and systems through various design components such as icons, menus, and layouts. The visual design of the button itself, such as its colour, shape, and placement, is covered as an artisticwork.
On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A). 1125(c)(3)(A). 1125(c)(3)(A).
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.
The blog is divided into two parts and this is part 2 of the blog. PART 1: of the blog discussed about history, development, fundamentals of IPR and explained Patents and Trademarks. This blog will consider different IPs, which are at growing stage. Broad classification of ‘works’ which are protected by copyright are-.
Many, if not all, the readers of this blog will have sincere admiration for the academic world of intellectual property. Giovanni Guglielmetti dealt with the subject of design protection under copyright law, starting from the well-known judgments Cofemel Case C-683/17 and Brompton Case C-833/18 [Katposts here and here ].
The USCO rejected Kashtanova’s application to the extent it covered the images of the comic book (as opposed to the text) on the basis that AI-generated portions of the work lack the “human authorship” required to gain copyright protection in the USA.
Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artisticworks, 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.
Computer-aided design (CAD) files are the most common type of digital file. A diagram, map, chart, or plan, an engraving, photograph, a work of architecture, or any other work of creative workmanship is defined as an artisticwork under Section 2(c) of the Copyright Act.
Product packaging encompasses the design, material, and overall presentation used to enclose, protect, and market a product. Elements such as the overall design, colors, logos, and the shape of packaging can be trademarked.
Dorosh repurposes fabric and textile work, a traditionally female craft, to explore complex topics such as the slippage of play between childhood and adulthood. Textile work was an important feature of Sonia Delaunay’s art.
15(1) of the Berne Convention on the Protection of Literary and ArtisticWorks 1971 [ Berne ], which requires the author to prevail if their name appears on the work in the usual manner. The maker of a cinematographic work would be the odd one out in s. 13(1)’s grant of first ownership to the work’s author.
Image via flickr Introduction This two-part blog post is aiming to explain what Rights Retention is and how it works in practice. In the first part, I’ll explain the forces at play in the publishing industry, why copyright ownership in academia is so important and how the publishing process works.
In simple terms, it pertains to the original creations of the human intellect, including inventions, symbols, designs, artisticworks, literary works, and so on. Now let us define IPRs. They refer to the exclusive and legal rights safeguarding the unique creations of the human intellect for a specific period.
Introduction Software refers to a compilation of instructions, data, or programs designed to operate machinery and execute specific tasks. Article 27 of the Universal Declaration of Human Rights (UDHR) establishes the entitlement to enjoy the protection of moral and material interests arising from scientific, literary, or artistic creations.
It includes creations of mind, such as inventions, literary and artisticworks, 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.
For a work to be copyrightable, it must be “original ” and fixed in “ tangible form”, such as a sound “recording recorded on a CD” or a “literary work printed on paper ”. [2] 2] A musical work is the composition itself and does not include the lyrics or any sounds. “It When it comes to songs, copyright gets pretty interesting.
The section 2(c) of the 1957 Copyright Act of India defines ‘artisticwork’ as any work that includes engraving, sculpture, painting, or a photograph. So what kind of works, provided they meet the requirement, qualify for copyright protection? The post Tricky Tattoo appeared first on Biswajit Sarkar Blog.
More on AI from our blogs can be found here. Types of protection available to Intellectual property are Copyright, Trademark, Patent, Design, and Geographical Indication. At the intersection: Copyright protection subsists in any work the moment it is expressed in a tangible form. What is Intellectual Property?
The section 2(c) of the 1957 Copyright Act of India defines ‘artisticwork’ as any work that includes engraving, sculpture, painting, or a photograph. So what kind of works, provided they meet the requirement, qualify for copyright protection? The post COPYRIGHT AND TATTOOS appeared first on Biswajit Sarkar Blog.
Better Regulation The EU has committed itself to designing policies and laws with a greater level of transparency and evidence , backed up with the views of citizens and stakeholders. AI processes can generate a large number of literary, musical and artisticworks in the span of several seconds.
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 artisticworks beyond unforeseen barriers. ChatGPT , Smodin ), to perform music (i.e.,
On copyright subsistence, the judge held that the Mark with Text is an artisticwork, failing within the sub-category of “graphic works”. The judge accepted Lidl’s evidence of a campaign by Lidl designed to show consumers that Tesco’s Clubcard prices were not in fact price-matched to those of Lidl.
Such creations may include literary and artisticworks, designs, names, inventions, etc. Copyright’s relationship to IP is that it is just another form of IP, like trademarks, patents, and industrial designs. In simple terms, IP is a category of property that includes the intangible (i.e., For more visit: [link].
This thesis is supported by the curious failure of the United Kingdom’s Copyrights, Designs and Patents Act of 1988 ( CDPA 1988 ) to protect “computer-generated works.” In the most minimalist English definition, originality designated something originating from the author, which he can claim as his own expression (see Rahmatian ).
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. Non- fungible tokens have been designed to give a person ownership of something, kind of like modern day digital collectibles. What is Intellectual Property?
IP practitioners and the wider design community have been eagerly awaiting the decision as it was expected to be the first UK decision to grapple with the boundaries of UK copyright protection and thorny issues surrounding the protection of works of artistic craftsmanship under s.4(1)(c) 4(1)(c) CDPA.
Copyright in the UK protects a closed list of works, which never conformed with the EU law’s open-ended approach, suggesting that copyright protection arises in respect of any work falling within the scope of Berne Convention and the InfoSoc directive , which is its “ author’s own intellectual creation ” (as confirmed in Infopaq in 2009).
In this sector, intellectual property (IP) regulations are essential for defending the rights of inventors, artists, and producers. A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment.
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