IP and Legal Filings

OCTOBER 12, 2023

Introduction India has a rich culinary legacy, in recent times, the growth of Indian cuisine has seen a tremendous commercial surge both domestically and internationally which has led to an increased need for the protection of recipes to ensure their authenticity and provide ownership rights to the actual creator of the recipe.

Copyright 98

Copyright Intellectual Property Ownership Fair Use 98

IP and Legal Filings

AUGUST 14, 2023

Since copyright is “universal”, some argue that the lex originis should be utilised to determine who owns works that have been plagiarised. Since copyright in whatever form (even first ownership) is subject to the territoriality principle, many argue that lex loci protectionis is the appropriate course of action. [10]

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

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? .

Copyright 98

Copyright Artistic Work Registration Music 98

SpicyIP

MARCH 9, 2025

Case Summaries Abbott Healthcare Private Limited vs Vinsac Pharma on 17 February, 2025 (Delhi High Court) Abbott Healthcare sued two defendants for trademark and copyright infringement, claiming they deceptively copied its well-known LIMCEE Vitamin C tablets by selling LIMEECEE with similar packaging. Read the post for more details.

Trademark 59

Trademark Patent Copyright Patent Application 59

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. COPYRIGHT INFRINGEMENT IN DIGITAL ENVIRONMENT.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

IP and Legal Filings

JANUARY 31, 2023

For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with. Ripps [v] , which involves trademark infringement concerning the Bored Ape Yacht Club NFTs, and Hunley v. However, in order to file a lawsuit of infringement, copyright registration is required.

Law 105

Law Brands Branding Branding 105

Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

But, by registering copyright, additional benefits and stronger legal protection can be achieved in case of any copyright infringement. Copyright registration in India ensures protection for various types of works, such as literary works (e.g., books, articles, poems), artistic works (e.g.,

Registration 52

Registration Copyright Artistic Work Ownership 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

The section 2(c) of the 1957 Copyright Act of India defines ‘artistic work’ 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?

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

In other words, it gives the copyright owner the exclusive right to make copies of the work, and to exercise the ancillary rights that come with that monopolistic power, such as licensing rights, et cetera. So what kind of works, provided they meet the requirement, qualify for copyright protection?

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

Traverse Legal Blog

OCTOBER 20, 2022

An NFT, or “non-fungible token” is a token added to a blockchain that links ownership to unique digital items (images, video files, audio files, artworks, etc.). Non- fungible tokens have been designed to give a person ownership of something, kind of like modern day digital collectibles. Copyrighting vs Trademarking NFTs.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

SpicyIP

SEPTEMBER 16, 2024

The suit touched upon a range of issues, including, but not limited to, the Court’s territorial jurisdiction and ownership and infringement of the copyright and trademark subsisting in the said logo. On these grounds, the Court held that CIPL’s use of the similar logo infringed Lacoste’s trademark rights in India.

Trademark 81

Trademark Brands Branding Branding 81

IP and Legal Filings

SEPTEMBER 12, 2022

The lack of organisation and ambiguity make the protection problematic even if the work is copyrighted. According to section 13 (1)(a) of Copyright Act of 1957 copyright subsists in original literary, dramatic, musical and artistic works. right to copyright will exist. Ownership of Copyright.

Art 52

Art Copyright Artistic Work Public Domain 52

IP and Legal Filings

NOVEMBER 11, 2022

Once a work is created, in most cases, the creator will automatically enjoy copyright protection in all 164 member countries of the Berne Convention for the Protection of Literary and Artistic Works including all European Union countries and China. Voluntary registration for your copyright is available in China.

Copyright 52

Copyright Fair Use Registration Ownership 52

Intepat

JUNE 15, 2023

Hence, the purpose of this blog is to delve into the significance of copyright protection, the limits of protection and the remedies against infringement. What is copyright protection? In the context of the Copyright Act, computer software is categorized as a ‘literary work’.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

SpicyIP

DECEMBER 15, 2023

Yong Wan and Hongxuyang Lu examine the experience of China and highlights that some AI-generated outputs are eligible for copyright protection in China, depending on the specific circumstances. This leaves a grey area when it comes to works generated solely by AI algorithms.

Copyright 49

Copyright Artistic Work Copyright Law Music 49

Corsearch

SEPTEMBER 28, 2023

Identify the type of infringement on Alibaba If you’ve found a counterfeit, lookalike, or an otherwise infringing listing on Alibaba, it’s critical to cite the relevant intellectual property rights and type of infringement. That’s because the platform’s enforcement process varies depending on the type of infringement.

Brands 59

Brands Branding Branding Intellectual Property 59

Corsearch

FEBRUARY 29, 2024

Identify the type of infringement Each marketplaces enforcement process and removal policy will vary depending on the type of infringement. Intellectual property rights are defined as legal rights that protect the ownership of artistic, literary, and other creative works.

Brands 59

Brands Branding Branding Intellectual Property 59

IIPRD

FEBRUARY 6, 2024

While trademarks protect movie titles, important characters, and other film components, copyright protects content from infringement and recognizes the rights of authors. But as the sector grows, so does the problem of intellectual property rights infringement, cybercrimes, copyright infringement , and trademark infringement.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 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 question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

Art 52

Art Artwork Intellectual Property Copyright Law 52

IIPRD

OCTOBER 17, 2022

It identifies the product of that company and recognizes its own and gives some rights to ownership that can be enforced. Liden Research filed an appeal in which the court terminated the account of Minskey on the ground of trademark infringement. Copyright Infringement. Later it was settled.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

IP and Legal Filings

SEPTEMBER 12, 2022

In the conventional sense, copyright law requires that the concerned work must, in its entirety, be an outcome of the intellectual labor of a human being. However, at the dawn of the digital era, computer software is being used in abundance to help create literary and artistic works.

Copyright 52

Copyright Artistic Work Copyright Law Design 52

IP Whiteboard

JUNE 7, 2021

This means that each time an NFT changes hands, the transaction is verified, adding a new record to the chain of ownership. The ownership of an NFT can be easily authenticated, meaning buyers can have confidence that they are buying the real deal. Multiple pieces of copyright material may exist in a single digital work.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40

Kluwer Copyright Blog

JULY 24, 2024

Turning to outputs, courts and regulators have already been asked repeatedly (and usually answered no) as to whether genAI models, especially Text-To-Image (T2I) models, can be recognised as the creators of literary or artistic works worthy of some sort of copyright protection. We hope to return to this theme in future work.

Copyright 135

Copyright Ownership Social Media Licensing 135

Biswajit Sarkar Copyright Blog

FEBRUARY 5, 2025

They argue that AI models trained on their catalog without permission amount to copyright infringement, much like streaming services before licensing agreements were established. AI companies argue that training models on copyrighted material falls under fair use, while record labels assert that it constitutes direct infringement.

Copyright 52

Copyright Fair Use Music Intellectual Property 52

IPilogue

NOVEMBER 30, 2021

In this piece, I will recapitulate Strickland- Murphy’s exploration of IP ownership of Non-fungible Tokens and expand on recent developments since May. Given this situation, Ratajkowski’s NFT auction was, as Ratajkowski explains it, an opportunity to reclaim ownership over her photo. What about copyright infringement?

Non-Fungible Tokens 110

Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

Kluwer Copyright Blog

APRIL 17, 2024

In addition to raising questions about ownership of outputs , infringement in training , and the future of copyright as a policy tool to encourage creativity , economists are in the early stages of analysing the effects of these technologies on human creativity.

Artistic Work 110

Artistic Work Registration Copyright Ownership 110

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. ChatGPT , Smodin ), to perform music (i.e.,

Copyright 125

Copyright Art Copyright Law Licensing 125

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. v Datafile Ltd. ,

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

Kluwer Copyright Blog

DECEMBER 7, 2023

While the judge had held that copyright subsisted in these works, he dismissed the claims for copyright infringement on grounds that no infringement had been proved. in which copyright subsists; b. Both sides appealed to the Court of Appeal. of which Andrew Mitchell is the author; and c.

Copyright 80

Copyright Artistic Work Copyright Infringement Business 80

IP and Legal Filings

SEPTEMBER 11, 2024

Legally, when we talk about “music under copyright,” we’re referring to the ownership of the composition or recording itself. This ownership grants the holder exclusive rights to its distribution and reproduction, as well as the ability to license it and earn royalties.

Music 103

Music Copyright Ownership Copyright Law 103

The IPKat

FEBRUARY 3, 2023

Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement.

Litigation 143

Litigation Copying Copyright Design 143

Intepat

DECEMBER 12, 2024

For example, in an application with a GUI, the software code that enables a button to function when clicked is protected as a literary work, covering the specific way it was written and organised. The visual design of the button itself, such as its colour, shape, and placement, is covered as an artistic work.

Copyright 52

Copyright Artistic Work Design Patent Design 52

Art Law Journal

JUNE 30, 2022

Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. Copyright only protects: original works of authorship fixed in a tangible medium. How do I get a Copyright? To see more on the benefits of copyright registration, see Stop, Thief!

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Art Law Journal

JUNE 30, 2022

At a fundamental level, each type of Intellectual Property focuses on a different creative work: copyright protects visual art and writings, trademark protects the names, symbols, or slogans for products or services, and patent protects inventions. Copyright only protects: original works of authorship fixed in a tangible medium.

Intellectual Property 52

Intellectual Property IP Invention Design 52

Kluwer Copyright Blog

JULY 20, 2022

Since the underlying asset in NFTs is primarily art, disputes in relation to NFTs bring up interesting questions pertaining to copyright law, the answers to which have the potential to shape the evolution and growth of NFTs as a medium to create, distribute and collect art. The second question discussed is the liability of intermediaries.

Copyright 135

Copyright Copying Non-Fungible Tokens Copyright Law 135