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?

Design 52

Design Designs Intellectual Property Law Artistic Work 52

The IPKat

FEBRUARY 3, 2023

The current generation of AI image generation tools such as Stable Diffusion , Midjourney and DALL·E 2 are designed to take a text description or prompt from a user and generate an image that matches the prompt. What is AI image generation software?

Litigation 143

Litigation Copying Copyright Designs 143

SpicyIP

AUGUST 2, 2021

India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts. In a guest post , Yashi Agrawal writes about India’s recent accession to the Locarno Agreement and its implications for India’s design laws. Fonts and Typefaces: Are they Copyrightable? Fonts and Typefaces: Are they Copyrightable?

Reporting 116

Reporting Designs Design Copyright 116

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. This is evidenced by the numerous Geographical Indication tags endowed on various textiles and hand-looms throughout the country by the government. [2] Infringement Of IPR – Design or Artistic Work?

Artistic Work 45

Artistic Work Designs Design Copyright 45

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. It does not continue in perpetuity. ELIGIBILITY CRITERIA OF COPYRIGHT HOLDER.

Copyright 91

Copyright Artistic Work Registration Music 91

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.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

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.

Art 82

Art Copyright Designs Design 82

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. 2) Tensions between the advanced and developing worlds. (3)

Reporting 82

Reporting Copyright Intellectual Property Artistic Work 82

azrights

AUGUST 11, 2022

Most of these computer-generated works are protected by copyright in the UK. Unlike other countries, the UK gives copyright to computer generated works which do not have a human creator. Section 178 Copyright Designs and Patents Act 1988 (CDPA) introduced this law in 1980s.

Copyright 97

Copyright Due Diligence Design Designs 97

IP Tech Blog

JULY 12, 2023

The USCO rejected Kashtanova’s application to the extent it covered the images of the comic book (as opposed to the text) on the basis that AI-generated portions of the work lack the “human authorship” required to gain copyright protection in the USA.

Copyright 97

Copyright Intellectual Property Artistic Work Technology 97

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.

Artistic Work 52

Artistic Work Trademark Designs Design 52

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.

Intellectual Property 52

Intellectual Property Designs Design Artistic Work 52

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2024

2534, governs the trademark procedure, even though Trademark registration is not mandatory in Thailand. 2522 , governs the patent protection process. The tenure for an invention patent is for twenty years, a Design Patent lasts for ten years and a Petty Patent is valid for six years all from the date of filing.

Intellectual Property 52

Intellectual Property Invention Registration Trademark 52

IP and Legal Filings

MAY 24, 2024

Though the verdict throws much light on the limits of artistic freedom and can provide more guidance for the brand owners and artists on the line between commercial goods and artistic works, I concisely put out three important considerations that could have been given much more deliberation.

Non-Fungible Tokens 90

Non-Fungible Tokens Art Trademark Branding 90

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.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

SpicyIP

SEPTEMBER 29, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the Delhi High Court’s Oppo decision, Calcutta High Court IPD Rules, Central Government’s executive order on clinical trial waiver. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on?

Trademark 105

Trademark Confidentiality Patent Application Copyright 105

IP and Legal Filings

OCTOBER 30, 2022

government cannot enforce rights for private individuals in the Philippines. A logo or device (excluding word elements) may be considered an artistic work and subject to copyright protection. It is vital that companies understand that intellectual property is primarily a private right and that the U.S. Conclusion.

Trademark 95

Trademark Intellectual Property Registration IP 95

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.

Intellectual Property 75

Intellectual Property Invention Artistic Work Copyright 75

IIPRD

JUNE 24, 2024

As states attempt to protect and capitalize on the fruits of human ingenuity, deciphering the complex web of international treaties and accords governing intellectual property rights have become critical. It protects creative expressions but does not extend to ideas, operational methods, or mathematical principles. Geneva, WIPO, 1984.” [3]

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

Kluwer Copyright Blog

FEBRUARY 8, 2023

Better Regulation The EU has committed itself to designing policies and laws with a greater level of transparency and evidence , backed up with the views of citizens and stakeholders. The limits of the Union competences in that respect are governed by the principles of subsidiarity and proportionality.

Marketing 111

Marketing Marketing Copyright Copyright Law 111

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. In conclusion, the landscape of international IP governance is continually evolving.

IP 52

IP Law Intellectual Property Trademark 52

SpicyIP

FEBRUARY 12, 2024

Two options were presented by the court : issuing a Letters Rogatory through the government of India or directing Google Ireland to seek orders from Irish Courts. The court noted the absence of a Mutual Legal Assistance Treaty (MLAT) between India and Ireland as a barrier to obtaining the data. Frankfinn Aviation Services (Pvt.)

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Intepat

MAY 28, 2024

It includes creations of mind, such as inventions, literary and artistic works, designs, symbols, and names used in commerce. It is the competitive intensity, the existing standards and any prior works/ forms of the existing work (prior art) that shape IP strategy.

Intellectual Property Management 52

Intellectual Property Management Intellectual Property IP Licensing 52

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.

Copyright Law 52

Copyright Law Copyright Law Intellectual Property 52

LexBlog IP

JULY 12, 2023

The USCO rejected Kashtanova’s application to the extent it covered the images of the comic book (as opposed to the text) on the basis that AI-generated portions of the work lack the “human authorship” required to gain copyright protection in the USA.

Copyright 52

Copyright Intellectual Property Artistic Work Government 52

Kluwer Copyright Blog

NOVEMBER 6, 2023

This thesis is supported by the curious failure of the United Kingdom’s Copyrights, Designs and Patents Act of 1988 ( CDPA 1988 ) to protect “computer-generated works.” In the most minimalist English definition, originality designated something originating from the author, which he can claim as his own expression (see Rahmatian ).

Copyright Law 64

Copyright Law Copyright Public Domain Artistic Work 64

LexBlog IP

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.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

IP and Legal Filings

NOVEMBER 11, 2022

Copyright protects the producers of any original work, and is relevant to almost all businesses, not just those in the creative industry. Businesses regularly create articles, photographs, drawings, designs, models, websites, computer software, etc., Copyright is an automatic right that arises the moment a work is created.

Copyright 52

Copyright Fair Use Registration Ownership 52

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 5] The content creator reached out to the artist for a commissioned artwork which is a unique character design. 6] Stuart D. 2d 119 (2d Cir.

IP 52

IP Artwork Contracts Intellectual Property 52

IP and Legal Filings

AUGUST 12, 2024

It means the products created by the use of the human mind as well as some resultant inventions, literary works, original designs, and the identities of various trademarks or logos that serve as brands in the market. Governments, NGOs, and international organizations all have a role to play here.

Intellectual Property 52

Intellectual Property Marketing Marketing Branding 52

SpicyIP

MAY 6, 2024

The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. The UP Government has issued an office memo stating no objection to change of name. Microsoft Technology Licensing LLC v.

Trademark 59

Trademark Invention Licensing Patent 59

IIPRD

NOVEMBER 16, 2021

The Intellectual Property Rights that TRIPS covers are Trademark, Patent, Geographical Indication, Industrial Design, Copyright, Undisclosed information including trade secrets. If manufacturing companies get discouraged by waivers then they can be provided with some incentive by the government.

Intellectual Property 40

Intellectual Property IP Invention Licensing 40

43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es The key here is that when I say fraud, I do not mean fraudulent intent, but materially deceptive effect. Under Employment Division v.

Trademark Law 72

Trademark Law Trademark Art Branding 72

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge. Zafar Mahfooz Nomani, 2023).

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

SpicyIP

DECEMBER 24, 2023

The Court observed that there is a need to balance the necessity of granting the interim relief with the principles governing non-compete clauses. The petitioner also argued that the Respondent was employed by them and was a job worker packing salt for them and used their art work.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

IP and Legal Filings

MARCH 29, 2022

The Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886 both acknowledged the significance of the intellectual property. The World Intellectual Property Organization administers both accords (WIPO).”. Image Source: gettyimage].

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

LexBlog IP

FEBRUARY 1, 2023

” This appeal presents a conflict between Rogers’ right to protect her celebrated name and the right of others to express themselves freely in their own artistic work. Did the effort at architectural minimalism “[k]eep the design simple, [and] remove the gratuitous or unwanted details” ? Rogers , 875 F.2d

Trademark 52

Trademark Intellectual Property Branding Brands 52