Kluwer Copyright Blog

JULY 24, 2024

Turning to outputs, courts and regulators have already been asked repeatedly (and usually answered no) as to whether genAI models, especially Text-To-Image (T2I) models, can be recognised as the creators of literary or artistic works worthy of some sort of copyright protection.

Copyright 131

Copyright Ownership Social Media Licensing 131

43(B)log

DECEMBER 1, 2022

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” New Life Art, Inc., 3d 1266 (11th Cir.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

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 102

Non-Fungible Tokens Art Trademark Branding 102

IP and Legal Filings

MARCH 1, 2023

[i] The very first accords to recognise why IPRs are important were the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both agreements are governed by the World Intellectual Property Organization.

Intellectual Property 91

Intellectual Property IP Government Invention 91

IIPRD

APRIL 3, 2024

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] This is evidenced by the numerous Geographical Indication tags endowed on various textiles and hand-looms throughout the country by the government. [2] Tahiliani Design Pvt.

Artistic Work 45

Artistic Work Design Designs Copyright 45

SpicyIP

AUGUST 16, 2024

Image by wirestock on Freepik Playing from a “Safe Distance”: Analysing the Rule, its Roots and Application in India By Samridhi Chugh In today’s age of ever-intensifying market competition and mounting infringement litigation, it is only inevitable that the judiciary finds itself compelled to continually update its enforcement arsenal.

Intellectual Property 105

Intellectual Property Litigation Trademark Artistic Work 105

IP and Legal Filings

OCTOBER 19, 2022

Any issue of the NFT will be governed by this law, unless such Digital Assets fall under an exemption. Literary, dramatic, and artistic works are recognized as protected works under Thailand’s Copyright Act B.E. 2537 (1994).

Artwork 81

Artwork Copying Contracts Copyright 81

The IPKat

FEBRUARY 3, 2023

This issue is often discussed in connection to section 9(3) of the Copyright Design and Patents Act (UK) , (CDPA) which provides that in the case of an artistic work which is computer-generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.

Litigation 143

Litigation Copying Copyright Design 143

SpicyIP

JULY 5, 2021

I argue that rewarding knowledge production and creative effort itself through maximising commercial advantage via exclusive rights are incentives that do not apply to government works whose primary motivation for creation is public dissemination. The Bombay High Court in Hindustan Unilever Ltd v.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

IP and Legal Filings

OCTOBER 30, 2022

Similarly, registering trademarks is based on a first-to-file (or first-to-use, depending on the country), so rights holders should consider how to obtain patent and trademark protection before introducing their products or services to the Philippine market. government cannot enforce rights for private individuals in the Philippines.

Trademark 98

Trademark Intellectual Property Registration IP 98

IP and Legal Filings

MAY 30, 2022

Copyright is a crucial right endowed to the formers of any artistic work, it needs to be protected by a process named ‘copyright violation’ which encroaches upon the exclusive rights given to the copyright holder. This leads to the reduction of competition in the market. selling or trading the clones of the infringed work.

Copyright 78

Copyright Branding Brands Branding 78

IP and Legal Filings

APRIL 8, 2023

This recorded music is frequently sold at significantly lower prices than market rates, resulting in massive losses for music producers. Licensing It denotes that the film is based on a previously published novel, book, or artistic work. The Indian Copyright Act of 1957 forbids and punishes acts of piracy.

Privacy 96

Privacy Law Intellectual Property Music 96

Intepat

OCTOBER 7, 2022

This means protecting significant rights to their original works. With the introduction of the Designs Act in the year 2000, the Government of India included the advanced provision of safeguarding works with non-functional features in the domain of creative work. Protection of an Artistic Work–.

Intellectual Property 59

Intellectual Property Design Designs Artwork 59

Intepat

OCTOBER 7, 2022

This would enable a person to determine the extent of each and take the necessary steps to safeguard their work. The following types of original artistic work are protected by copyright. a collage, sculpture, photograph, or graphic work; 2. a building or model of a building that is an architectural work; or.

Intellectual Property 52

Intellectual Property Design Designs Artwork 52

SpicyIP

FEBRUARY 12, 2024

Case Summaries Gujarat Cooperative Milk Marketing v. 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. But how does this finding interact with the position of relevant laws in India? Frankfinn Aviation Services (Pvt.)

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2021

Human tissues, spaceship components, and, more controversially, working firearms are all possible applications of the technique. The 1980s saw a boom in the 3D printing market. Even patented objects could be downloaded as CAD files from online markets by anyone with personal 3D printers.

Intellectual Property 52

Intellectual Property Design Designs Artistic Work 52

43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. Citing Dastar and Rogers ; noting in a footnote that Dastar suggested that Lanham Act false advertising claims might sometimes govern statements about artistic provenance without raising any First Amendment concern.] City of Los Angeles, 697 F.3d

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

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. The plaintiff, which has used the “OROFER” mark since 1996, claimed significant market presence.

Trademark 105

Trademark Confidentiality Patent Application Copyright 105

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

Technology & Marketing Law Blog

JUNE 20, 2023

Addressing Factor 4, it asserted there was little or no market harm, because “time-shifting merely enables a viewer to see … a work which he had been invited to witness in its entirety free of charge.” ( Id. This is the familiar four-factor test for fair use. at 450) (Skipping commercials was not yet feasible, id.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

Intepat

MAY 28, 2024

Intellectual property transforms knowledge into an economic result by interacting with legal and economic forces in the market. It includes creations of mind, such as inventions, literary and artistic works, designs, symbols, and names used in commerce. This is where IP management steps into the picture.

Intellectual Property Management 52

Intellectual Property Management Intellectual Property IP Licensing 52

IIPRD

AUGUST 29, 2024

Recent court decisions have clarified the scope of copyright in film screenplays, personality rights, and underlying works concerning content creation and licensing in broadcasting. Hence, commercialization occurs by distributing contracts among the authors and directors/publishers to distribute their works.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 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. These creative concepts are shielded by legal means called patents, copyrights, and trademarks.

Intellectual Property 52

Intellectual Property Marketing Marketing Branding 52

IP and Legal Filings

JUNE 29, 2024

In the absence of a separate law safeguarding personality rights, the court granted relief by invoking passing off as governed under the Trade Marks law. The interests of an artist can be protectable as an extension of its Moral Rights which grants the performers the right to given credit and also claim authorship for their performance.

Personality Rights 97

Personality Rights Fair Use Privacy Intellectual Property Law 97

IP and Legal Filings

JUNE 27, 2022

COPYRIGHTS: Term copyright is a bundle of exclusive rights provided to the creator/owner of original works of authorship, which includes literary, dramatic, musical, and artistic works, cinematographic films, and sound recordings. Broad classification of ‘works’ which are protected by copyright are-. Cinematograph films.

Intellectual Property 52

Intellectual Property Moral Rights Design Designs 52

SpicyIP

NOVEMBER 19, 2023

vs Acko General Insurance on 10 November, 2023 (Delhi High Court) The dispute pertains to the use of the plaintiff’s artistic work “Humanity” by the defendant in one of its advertisement hoardings. The defendant argued that since the plaintiff’s work was exhibited in public its reproduction will fall under the ambit of fair use.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

Biswajit Sarkar Copyright Blog

SEPTEMBER 18, 2023

HOW IS AI RESTRUCTURING THE INDUSTRIAL DESIGN MARKET? However, the UK government, being at the forefront of innovation and technological advancement, has been allowing copyright protection for AI generated designs through their Copyright, Designs and Patents Act, 1988 for many years.

Design 52

Design Designs Intellectual Property Law Artistic Work 52

IIPRD

AUGUST 11, 2023

Afterward, the second world war did pose an interruption in the steady growth but in turn, it scaled the manga market to a whole new different level in 1947. According to the well-settled laws of copyright, it is a blatant mutilation of the rights of an author over their works and the characters they have developed.

Art 52

Art IP Intellectual Property Copyright 52

LexBlog IP

SEPTEMBER 15, 2022

Nor is it clear whether—or how—NFTs might trigger liability under the 76-year-old federal Lanham Act , which governs trademark infringement and unfair competition. They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

SpicyIP

DECEMBER 17, 2023

Moreover, by aligning their copyright durations with these international standards, a country would remain competitive in the global market and protect the rights of its own authors. Under this Act, the term of copyright protection for literary, dramatic, musical, and artistic works remains the lifetime of the author plus 60 years.

Copyright 59

Copyright Publishing Music Artistic Work 59

IIPRD

NOVEMBER 16, 2021

it manifested: “Members when requiring, as a condition of approving the marketing of pharmaceutical or of agricultural chemical products which utilize new chemical entities, the submission of undisclosed test or other data, the origination of which involves a considerable effort, shall protect such data against unfair commercial use.

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 Lemley: Hard to separate artists from art. Under Employment Division v. We don’t want it to be based on intent—McDonald’s can intend art.

Trademark Law 72

Trademark Law Trademark Art Branding 72

Kluwer Copyright Blog

NOVEMBER 20, 2022

Lame comparisons apart, this story is interesting as it is an opportunity to discuss the protectability of artistic works under Italian laws. This is an hypothesis the resolution of which is relatively easy, because it is expressly disciplined by the Italian CCH.

Artwork 55

Artwork Public Domain Art Copyright 55

SpicyIP

DECEMBER 24, 2023

The Court restrained the Defendants from manufacturing and marketing the drug, but given the importance of the drug in treating diseases such as cancer, allowed the Defendants to exhaust the stock available with them. The Defendant contested that the bottles were not selectively obtained and it was using recycled bottles due to shortage.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

Michael Geist

JUNE 3, 2022

The company has a reputation for embracing innovation: it was one of the first to drop digital rights management technologies from MP3 music sales and focused on fan preferences in the marketing and distribution of music. Given its role and reputation, when it engages in public policy, government should pay attention.

Music 103

Music Social Media Artistic Work Government 103

IP and Legal Filings

MARCH 29, 2022

With evolution and development in recent trends and creations, every person got the right to protect their artistic creativity by acquiring intellectual property rights to save their invention from being violated by the competition present in the market. The World Intellectual Property Organization administers both accords (WIPO).”.

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

But as more players enter the market and obtain patent protection for their innovations, IP disputes among competitors are heating up. Global patent wars, safety concerns among the public, and scrutiny from government regulators are challenges that the battery industry must face head-on as it heads toward powering the future.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52