Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

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 artistic work but rather the features of the product that make it more attractive to the consumer.

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Intepat

MARCH 13, 2025

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.

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The IPKat

FEBRUARY 17, 2022

Can a work entirely created by a machine be protected by copyright? AI-generated Kats The Review also rejected Thaler’s argument that AI can be an author under copyright law because the work made for hire doctrine allows for “non-human, artificial persons such as companies” to be authors.

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Garrigues Blog

MARCH 27, 2025

The question therefore is: Can board games be protected by copyright? Lets put the cards on the table: from the Copyright Law and case law that interprets it can be inferred, that, generally speaking, the mechanics of a game do not meet the requirements to be protected as an intellectual property work.

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Kashishipr

AUGUST 25, 2021

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.

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IPilogue

NOVEMBER 9, 2022

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. 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. Liking”), to strike out Water Rower (UK) Ltd.’s

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IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. From 2013 to 2015, Cartier filed various design patents for their iconic panther designed jewelry.

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Kluwer Copyright Blog

MARCH 11, 2024

Although the lower courts are still bound by the decisions of the higher courts and their precedents set in light of EU law, they may refer the points of law to certain higher courts under section 6A. REULA’s influence on copyright law Although EU law had a strong influence on the UK copyright law, the two were never properly aligned.

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LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work.

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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. Non- fungible tokens have been designed to give a person ownership of something, kind of like modern day digital collectibles. What is Intellectual Property?

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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.

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Kluwer Copyright Blog

FEBRUARY 8, 2023

Voices emerged questioning whether current EU copyright laws should be amended in light of the many AI-generated works that have come about. One important question has been whether copyright law should be extended in order to protect such works. Importantly, copyright law is equally about culture.

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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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LexBlog IP

MAY 18, 2022

8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. copyright law.

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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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Selvam & Selvam Blog

JULY 19, 2021

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. Copyright protection is for the expression of the idea and not the idea itself.

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Intepat

DECEMBER 30, 2024

Product packaging encompasses the design, material, and overall presentation used to enclose, protect, and market a product. Both trademark and copyright law offer avenues for such protection, which inevitably results in an overlap between the two legal frameworks. However, copyright law comes with certain limitations.

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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. Lord Millett set out the test in the context of the landmark decision in Designers Guild , concerning infringement of copyright in a fabric design.

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Intepat

DECEMBER 12, 2024

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 artistic work.

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The IPKat

SEPTEMBER 7, 2024

Vitra's DSW chair One of the cornerstones of international copyright law – specifically: the Berne Convention (BC) – is the principle of national treatment under Article 5: authors who are nationals of a Berne Union member state are eligible for protection under the law of other member states at the same conditions as nationals of those countries.

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IP and Legal Filings

SEPTEMBER 11, 2024

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

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SpicyIP

SEPTEMBER 3, 2024

This case is remarkable for acknowledging the artistic merit of photographs used for promotional purposes, recognizing them as “artistic works” under the Indian Copyright Act, but is also extremely brutal in terms of lack of clarity and overreach. In Bright Lifecare Pvt. vs Vini Cosmetics Pvt.

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The IPKat

FEBRUARY 3, 2023

To do so, it first discusses how AI image generation tools are trained and how copyright protected images are involved in that process. In summary- the availability of copyright protection for these images of besuited felines would make an ideal exam question for IP students. What is AI image generation software?

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The IPKat

SEPTEMBER 29, 2022

Ubertazzi was one of the leading intellectual property academics in Italy (as well as a great lawyer), founder and editor of the most important Italian copyright journal (AIDA) and editor and author of the most widely used Commentary on Italian intellectual property laws.

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The IPKat

DECEMBER 30, 2021

Copyright This Kat is counting the minutes for 2022 The Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales, reviewed the book ‘Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty’ by Tito Rendas.

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Intepat

DECEMBER 12, 2021

This article will discuss a topic related to the complex subject of “food plating” and how it is protected under copyright law. Before serving, a chef at such a restaurant may endeavour to make an artistic presentation of food with maximum precision and perfection.

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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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azrights

AUGUST 11, 2022

Would they be infringing your copyright though? Is the output infringing copyright? From a copyright law perspective, the initial use of copyright works by the platform for machine learning is infringing unless the platform used licensed or out-of-copyright works or could rely on a copyright defence, such as use for research purposes.

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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. The inventions of any startups are protected through the Copyright laws.

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Kluwer Copyright Blog

NOVEMBER 6, 2023

If the computer somehow transcends its role as a tool in such a way that the purported human author cannot claim he created the output, we are dealing with computer-generated or emergent works. Such apparently creative outputs are not protectable as a matter of the American copyright law – or the law of the European Union (see Blaszczyk ).

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IPilogue

SEPTEMBER 23, 2021

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. The problem is that, although “author” and “maker” can mean much the same thing in ordinary parlance, they do not in copyright law.

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Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

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.

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IP and Legal Filings

JANUARY 24, 2023

In this article I will look into two main questions, firstly, who owns/ who should own the copyright in AI (ii) whether AI satisfies the criteria of human element in AI. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.

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IIPRD

JUNE 8, 2024

Abstract In the dynamic realm of the fashion industry, the saying ‘following in someone’s footsteps’ takes on a new dimension, where the replication of designs is not a mere stride but a strategic dance. Up-and-coming artists can exhibit their work to attract attention and serve as an inspiration to well-known brands.

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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?

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IIPRD

JUNE 14, 2021

Piracy and Fashion Design. Piracy may be defined as the unauthorized and illegal reproduction or distribution of materials protected by copyright, patent, or trademark law which is capable of eating up the whole industry slowly and steadily. Protection under the Designs Act, 2000. Iqbal Singh Chawla&Ors. ,

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IP and Legal Filings

SEPTEMBER 12, 2022

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. right to copyright will exist.

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