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Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personalityrights, Govt. recent circular on procurement of drugs, non-obviousness test under the patentslaw, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. The Show Must Go On?
Intellectual Property Intellectual property law offers protection to intellectual creations of humankind. Through a bunch of IP laws like copyright, patent, and trade secrets, expressions, innovations, and confidential information are respectively protected. They provide right over one’s image, voice, and likeness.
PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes. In a guest post , Satchit Bhogle covered the issue of infringement of personalityrights. The Ministry of Commerce and Industry has announced an 80% reduction in patent application fees for all recognised educational institutions.
This essay re-emphasises Section 3(b) exclusions of the Indian Patents Act regarding inventions which cause ‘serious prejudice’ to the environment, in the context of the climate crisis that humanity is facing today. This is achieved by understanding the parallels between publicity right and trademark law.
Whether the government plans to amend the Copyright Act of 1957 to update copyrightlaws to cover AI-generated content. By imputing a similar logic, not obtaining licenses for uses such as training of GenAI systems by developers could also be considered commercial exploitation and might not qualify as fair dealing.
Fonts & Typefaces: Are they Copyrightable? . Their function is so fundamental, and presence so ubiquitous that the thought that fonts and typefaces are eligible for copyright protection, seems inconceivable at first. Debunking the ‘no copyright for fonts’ Argument. This is perhaps why fonts cannot be copyrighted in the US.
The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyrightlaw; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).
[Thanks to Aditi, Khushi and Sudhanshu for the case summaries] Here is our recap of last weeks top IP developments including summary of the posts on the ANI vs OpenAI copyright case, CGPDTMs office being moved to Delhi, and exemption under Section 107A of the Patents Act. This and a lot more in this weeks SpicyIP Weekly Review.
Kurian’s trail of transparency, Statements of Patent (Non-)Working, Corruption in IP Offices, Serial Crisis in India, the Indian “Bayh Dole” Bill, etc. Spadika Jayaraj discussed a case where the Delhi High Court dismissed a suit by a media house accusing copyright infringement on its database of users. Missed anything?
In India, most notably videos of the popular TV personality Rajat Sharma were seen circulating online where he was seen spreading misinformation, damaging his reputation as a credible journalist. The journalist sought a permanent injunction, contending the wrongful use of AI infringed IP and personalityrights.
The book structure can be divided into four parts, with the first three analysing the overlap of patents, copyright, and trademarks, with other IP rights, respectively. The chapter on Overlap between Patent and Design Protection by David Musker elaborates on this and deals with another pressing question- Whether overlaps matter?
Part Two: This part is the core of this work as it lays out in chapters 3-9 many of the emerging issues in IP law such as the protection of plant varieties, traditional knowledge, TCEs, GR and GIs, personalityrights, among others. The book analyzed the new Copyright Act 2022 and highlighted the novel provisions therein.
Evidence Against Granting Automatic Injunctions in Europe Patent paper; issues involving NPEs similar to trolling issues in US. Group III: Others, like China’s 3d amendment to Chinese copyrightlaw. Other circumstances as provided by laws and administrative regulations”—allowed limitations and exceptions.
We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyrightlaw etc. The Court delineated instances like parody and satire where free speech in the context of well-known persons may be protected. Syngenta Ltd.
We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. In 2006 Kibow had applied for registration of its invention for a certain composition that augments kidney function and was granted patent protection.
Recognizing Karan Johar’s personalityrights, the Bombay High Court grants an interim injunction to the director, restraining the release of the film “Shaadi ke Director Karan aur Johar”. Youtube removes Chahat Fateh Ali Khan’s recent song “Bado Badi” over copyright infringement.
Weve tried to represent a diversity of subject matter also in this list, so its a mixed bag of cases dealing with patents, trademarks, copyrightlaw etc. The decision by Punjab and Haryana High Court is also notable for explicitly stating that one needs to be a celebrity to be able to claim personalityrights.
Image from here [Part II] The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet…… The Show Must Go On? “It Protects Them From Exploitation” The Claim : Capitalizing on celebrities’ identity subjects their personalityrights to potential abuse and jeopardizes their career and livelihood.
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