Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights.

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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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Biswajit Sarkar Copyright Blog

SEPTEMBER 18, 2023

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?

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IP and Legal Filings

JULY 13, 2022

However, it is also important to assess the position of copyright protection offered to fashion designers specifically and the scope of the same. 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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LexBlog IP

SEPTEMBER 27, 2021

” Second, the Board determined that the separable portions of the design, in combination, met the minimum threshold of creative authorship necessary for some level of copyright protection to result. A copyright audit performed by a qualified design rights attorney may be able to identify these “slumbering” rights.

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IIPRD

APRIL 3, 2024

1] The fashion industry in India is extremely diverse in the type of fabric, labour, design, way of draping, and handwork that is used. Protection of Fashion: IPR Indian fashion houses have begun to toe the line of Western fashion houses by registering their designs and fashion works as IPR. [4] Tahiliani Design Pvt.

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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.” 2D designs and texts on a product or packaging may be protected as written, pictorial, photographic, and graphic works, or even works of fine art, depending on the nature of the design elements.

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Kluwer Copyright Blog

AUGUST 29, 2024

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.

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IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. Since fashion designers, textile manufactures, apparel companies and artists produce creations of the human intellect, Intellectual Property Rights play a significant role in the fashion industry.

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The IPKat

AUGUST 30, 2024

AGA also alleged that the control panels fitted by UKIG to the eControl Cookers infringed the copyright in its design drawing for the control panel of its own electronically controlled AGA Cookers. It therefore found that although copyright subsisted in the design drawing, UKIG's actions were permitted by section 51.

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JD Supra Law

JUNE 13, 2023

2023), ruling that when an alleged infringer uses a mark as a trademark to designate the source of its own goods, the Rogers test providing First Amendment protection for titles of artistic works does not apply to shield the challenged use from liability for trademark infringement, nor do the noncommercial use and fair.

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Kashishipr

SEPTEMBER 20, 2021

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 artistic work. As per NTC’s statement, both SSPL and SK Oil Industries couldn’t claim copyright in the artistic work.

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LexBlog IP

FEBRUARY 26, 2024

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk.

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Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2024

Designs: Any configuration, composition of lines or any special appearance used on a product Petty Patent: An invention that is new and capable of industrial application, as per Thai Patent law. The Patent needs to be renewed after its renewal due date. However, it does not include ideas, steps or processes.

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Intepat

DECEMBER 12, 2021

Section 13(1)(a) of the Copyright Act of 1957 protects original artistic works, while Section 2(c)(iii) defines “artistic work” as “any other work of artistic craftsmanship.” At the moment, there is no explicit rule or ruling in place in order to protect artistic work used in the plating of a dish.

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IIPRD

SEPTEMBER 17, 2021

While copyright protects the originality of the expression behind the product, design preserves the overall appearance and aesthetic look of the product. COPYRIGHT OR DESIGN. It is possible for a product to fall under both Copyright and Design categories. But how can these Limited-Edition Products be protected? TRADEMARK.

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LexBlog IP

JUNE 8, 2023

Grimaldi , weighs two factors: (1) artistic relevance of the work at issue; and (2) whether use of the other party’s mark nonetheless “explicitly misleads as to the source or the content of the work.” 2” where JACK DANIEL’S and “Old No. 7” would appear.

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The IPKat

APRIL 4, 2024

However, a careful and sincere reading of CAB will show that the Bill is designed to equally serve the public interest in empowering creators and performers to achieve fair remuneration for their creativity and performances and ensuring access to knowledge for education in South Africa.

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The IPKat

FEBRUARY 17, 2022

According to Ricketson , it was clearly understood that this was also a requirement for the purposes of protection under the Convention, and inherent in the phrase ‘literary and artistic works’ in Article 2.

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The IPKat

SEPTEMBER 7, 2024

Under Article 2(7) BC: … it shall be a matter for legislation in the countries of the Union to determine the extent of the application of their laws to works of applied art and industrial designs and models, as well as the conditions under which such works, designs and models shall be protected.

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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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SpicyIP

SEPTEMBER 20, 2021

Panda and Brothers , granted an ex-parte ad-interim injunction restraining the Respondents from using the get-up/ artistic work similar to the Petitioner’s registered artistic work for the sale of salt. The Calcutta High Court in Sri Parvathy Saltern Private Ltd. September 13, 2021]. Ishvi Food Private Ltd.

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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? . ELIGIBILITY CRITERIA OF COPYRIGHT HOLDER.

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IP and Legal Filings

JUNE 27, 2022

PART 2: of the blog gives a detail about Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. Broad classification of ‘works’ which are protected by copyright are-. Original literary, dramatic, musical, and artistic works.

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Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2021

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 artistic work under Section 2(c) of the Copyright Act.

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The IPKat

DECEMBER 30, 2021

In light of WIPO’s recent announcement that Cambodia will be joining the Berne Convention for the Protection of Literary and Artistic Works in March 2022, Katfriend Jørgen Blomqvist commented on the obsolescence of the Universal Copyright Convention (UCC).

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The IP Law Blog

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.” IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S.

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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. In looking at this question, you first need to consider what work is being used as a tattoo.

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Intellectual Property Law Blog

JUNE 16, 2023

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).

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IIPRD

JUNE 14, 2021

Piracy and Fashion Design. Knock-offs: Knockoffs are intended to replicate the original design nearly line for line but with another designer’s name attached. Further, in a world that is so techno-friendly, numerous stores with replicable designs and at throwaway prices, are available at just a “one-click” of the consumer.

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IIPRD

JUNE 24, 2024

‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1] Geneva, WIPO, 1984.” [3] 3] Kumar, Nagesh. 36/37 (1998): 2334– 35. [4]

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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

APRIL 25, 2024

This post further explores the argument that the outputs of generative AI tools are unprotected in the UK, despite the language in section 9(3) of the Copyright, Designs and Patents Act 1988 UK (CDPA) relating to computer-generated works. Does UK copyright law protection extend to computer-generated works which are not original?

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The IPKat

SEPTEMBER 29, 2022

Roberto Pardolesi gave a talk that focused on the antithesis between the two possible visions of copyright, one more inclined to see the works of art as a tradeable good, the other that mainly sees the protection of authorship as the main purpose of copyright.

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IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

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The IPKat

MARCH 2, 2023

Grimaldi ) whereby the right to protect a registered trade mark (a protection given in the USA law essentially by the Lanham Act ), under some circumstances, cannot be enforced to detriment of “the right of others to express themselves freely in their own artistic work” (from the Rogers v. Grimaldi case).

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