Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

Music is an artistic work which falls into the purview of copyright protection. However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Nowadays, music lovers can easily stream music. The defendant no 1 i.e,

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Indiana Intellectual Property Law

MARCH 30, 2023

for Copyright Infringement, Removal of Copyright Management Information and Addition of False Copyright Management Information. According to the Complaint, Stross created the photograph entitled Plenty of Trees (the “Photograph”) in 2008 and registered it with the United States Copyright Office. Gotsch, Sr.

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IP and Legal Filings

JULY 13, 2022

Rajnish Chibber , the court held that compilations are also copyrightable, following in the steps of SCOTUS. However, even then, the degree of novelty required in work was not so low as to allow everyone to get copyright protection for their artistic work. Copyright Act or Design Act?

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IP and Legal Filings

AUGUST 14, 2023

Choice Of Law In Ipr Infringement The nature of the rights is the primary concern in any international dispute that involves intellectual property rights. SHOULD LEX LOCI PROTECTIONIS BE APPLIED BLANKETLY TO COPYRIGHT INFRINGEMENT? Today, most of the copyright infringement happen through the Internet.

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Intellectual Property Office Blog

OCTOBER 15, 2021

Answer: Copyright gives you (the copyright owner) the right to exclusively control and exploit your creative works. Copyright exists automatically – there is no formal registration. You can mark your work with the copyright symbol (©), your name and the year of creation.

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IP and Legal Filings

SEPTEMBER 20, 2023

In India the protection of a designer’s original creation is protected under both, copyright and designs legislation.Some relevant laws protecting the clothing industry are the: Copyright Act of 1957 – The Act protects the original works of the artists from the time the said original work is put in fixed form.

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Art Law Journal

JUNE 16, 2022

Due to the no-fault aspect of Copyright law, most infringement cases do not revolve around whether there was an infringement, but rather on how much money the copyright holder should receive for the violation. Copyright registration is like having art insurance. Copyright registration is like insurance.

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IP and Legal Filings

JANUARY 31, 2023

Instagram [vi] are two further intriguing cases to study that are currently ongoing (copyright infringement case involving embedded photographs). The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

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IP and Legal Filings

APRIL 24, 2023

It is used to classify goods for the purposes of the registration of industrial designs which further helps in design searches. Under the previous law, the Design registration was granted only for the visual appearance of an article which included shape, configuration pattern, and ornamentation whether in 2 or 3 dimensions.

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SpicyIP

SEPTEMBER 29, 2024

Providing the evidence of its trademark registrations, extensive marketing campaigns and distinctive red-and-white trade dress, it claimed to have garnered significant consumer recognition, including celebrity endorsements. Despite this, they were accused of continuing to infringe on the copyright. Rohit Kumar Dhaka & Anr.

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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.

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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. Does copyright exist in tattoos? communicate the work to the public.

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

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IP and Legal Filings

MARCH 28, 2024

1] The Copyright Act protects certain types of works, which are included in Section 13. 13 (1) states that original literary, dramatic, musical, and artistic works as well as cinematograph films and sound recordings are protected by copyright. These registrations aid in allocating precedence.

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The IPKat

MAY 2, 2023

Background The dispute took off in 2022, when Lidl accused Tesco of trade mark and copyright infringement coupled together with an alleged claim of passing off. Copyright The Court also established that Lidl’s mark was protected by copyright as an original artistic work under Section 4 of the Copyright, Designs and Patents Act 1988.

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Kashishipr

MARCH 16, 2022

In most nations globally, the copyright protection term lasts for the lifetime of the author plus seventy years following his death; however, the protection period varies depending on the type of work. In the present digital era, a significant amount of content is freely available on the internet for anyone and everyone to use.

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SpicyIP

AUGUST 2, 2021

Discussing the benefits of the accession to India, Yashi writes that in addition to aligning India with international norms, it also facilitates design searches and improves the chances of design registration applications being accepted in other jurisdictions. Fonts and Typefaces: Are they Copyrightable?

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Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2024

2534, governs the trademark procedure, even though Trademark registration is not mandatory in Thailand. A patent registration is not mandatory in Thailand, but to have an exclusive right over the invented good or process, it is necessary to file an application for patent and to be granted with a patent. The Trademark Act B.E

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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?

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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] Both treaties were established during diplomatic gatherings in Madrid, Spain.

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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?

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SpicyIP

SEPTEMBER 16, 2024

In India, while Lacoste insisted on use since 1993 with trademark registrations going back a decade earlier, CIPL primarily relied on a ‘Co-Existence Agreement’ (CEA) of 1983 between the two companies, which also formed the moot issue of the instant matter.

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Corsearch

FEBRUARY 29, 2024

Occasionally, it may be possible to cite trademark infringement if a seller has included your trademarks in either the listing description or their username. Copyright infringement refers to the unauthorized utilization of safeguarded creative works. Provide details and examples if trademark isn’t registered.

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LexBlog IP

FEBRUARY 26, 2024

The concrete realization of an idea which meets the validity requirements of “creative character” and “artistic value” can be protected under Italian copyright law. The appeal of using copyright as the means to acquire IP protection lies in the fact that it lasts up to 70 years after the creator’s death.

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Intepat

OCTOBER 16, 2024

Overview of Major International IP Treaties The realm of Intellectual Property (IP) is inherently global, as the creations it protects—such as inventions , literary and artistic works , designs , and trademarks —often transcend national borders. The Madrid System has transformed how countries approach trademark registration.

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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.

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IP and Legal Filings

OCTOBER 11, 2022

Section 13(1) of the Copyright Act speaks about the applicability of protection to: 1. Original literary, dramatic, musical, and artistic works; 2. In the continuance, Section 14 lays down exclusive rights to do or to authorize reproduction of their artistic works. Cinematographic films; 3. Sound recordings.

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Corsearch

SEPTEMBER 28, 2023

Copyright Copyright protection extends to creators and authors of literary, visual, and multimedia creations, encompassing books, films, music, photographs, video games, and artistic works. Copyright infringement refers to the unauthorized utilization of safeguarded creative works.

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Kluwer Copyright Blog

OCTOBER 30, 2023

Trade mark infringement – Lidl’s trade mark for the Lidl logo was infringed by Tesco’s Clubcard Price(s) signs, which took unfair advantage of Lidl’s reputation for low prices and damaged the distinctive character of Lidl’s logo. Subsequent registrations of the Wordless Mark were also found to be invalid for bad faith.

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Traverse Legal Blog

OCTOBER 20, 2022

Can you and should you copyright and/or trademark your unique asset before adding it to the blockchain as an NFT? How are Copyrights Used? Your work is protected by copyright law from the moment it is “created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device”.

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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’.

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IP and Legal Filings

MARCH 30, 2024

Ethical considerations regarding the creation of artistic works have been a persistent source of dispute over the course of human history. The integration of technology within the domain of art design has provided artists with unprecedented possibilities to conceptualise and implement interactive and immersive experiences.

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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. Liden Research filed an appeal in which the court terminated the account of Minskey on the ground of trademark infringement. Copyright Infringement.

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Kashishipr

AUGUST 31, 2022

Such creations may include literary and artistic works, designs, names, inventions, etc. Copyright’s relationship to IP is that it is just another form of IP, like trademarks, patents, and industrial designs. Or is it the copyright symbol with the small ‘C’ inside you think about instantly?

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SpicyIP

MAY 6, 2024

The Court held that plaintiff has made out a clear prima facie case; that the plaintiff has the necklace registered in Italy and since India is a member of Berne Convention for the Protection of Literary and Artistic Works, under Section 40 of the Copyrights Act, 1957 the registration in Italy can prove copyright infringement in India.

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SpicyIP

DECEMBER 24, 2023

UK Supreme Court Confirms No Patent for “AI-invented” Inventions Image from here On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika discusses this development.

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IP Whiteboard

JUNE 7, 2021

Copyright is a bundle of exclusive rights that protects original expression if that expression is in a material or tangible form. Multiple pieces of copyright material may exist in a single digital work. Trade marks are another form of IP that may be relevant to NFTs. Any other issues to be aware of when it comes to NFTs?

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