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[Part I] Cryogas Judgment: Supreme Court Stops Copyright from ‘Gaslighting’ Design

SpicyIP

Inox India Limited and Others , Aditya Bhargava discusses the jurisprudence on the difference between copyright and industrial designs and the two-pronged test to distinguish between the two intellectual properties adopted by the Court in this case. Inox India Ltd.

Designs 59
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[Part II] Cryogas Judgment: Supreme Court Stops Copyright from ‘Gaslighting’ Design

SpicyIP

Part II] Cryogas Judgment: Supreme Court Stops Copyright from Gaslighting Design By Aditya Bhargava In the first part of the post, I looked at how jurisprudence has evolved from the Microfibres case in 2006 up to the present case in Cryogas. This became known as the functional vs. aesthetic dichotomy in design cases.

Designs 59
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[Guest post] Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

The IPKat

Now, a further development on IP and NFTs comes from Spain, as Katfriend Mercedes Morán Ruiz (CEDRO) reports: Can the owner of an artistic work convert it into an NFT for its use in the Metaverse? We will have to wait until the final judgment is issued. 5/08, paragraph 56; C?435/12,

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WaterRower: Has the UK’s approach to ‘artistic works’ in copyright changed?

Kluwer Copyright Blog

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 artistic works. A work of artistic craftsmanship is a sub-category of an artistic work.

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Copyrightability Of Designer Clothes And Costumes

IP and Legal Filings

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. They must not be used by anyone other than the artist himself. However, many a times, we witness these designs being copied or recreated. What Is Copyright?

Designs 105
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Industrial Design under The Design Act, 2000

IP and Legal Filings

The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. It protects the visual design of objects that are not purely utilitarian. Designs are registered in different classes as per the Locarno Agreement. These classes are mainly function oriented.

Designs 97
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Birkenstock’s sandals are not sufficiently artistic to enjoy copyright protection

The IPKat

Birkenstock has tried to protect and enforce its iconic sandal design using almost all intellectual property rights available. Their trade marks for the sole pattern design were cancelled because they lacked distinctiveness (General Court, case T-365/20 and T-579/14 ). R1002/2023-3 and R2499/2022-3 ) or, for older models, expired.