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Through a bunch of IP laws like copyright, patent, and trade secrets, expressions, innovations, and confidential information are respectively protected. Copyright and trade secrets are the two main aspects with which data privacy laws are concerned. Memes and parodies are all protected by Intellectual Property law.
Highlights of the Week ANI vs OpenAI: Indias Copyright Act is outdated. India’s copyrightlaw does not envision an exception permitting LLM trainings from copyrighted materials. Additionally, it is right-holder centric favouring authors and encouraging them to control the use of their works in new markets.
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.
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).
The current statute provides protection of these celebrity rights under trademark law, copyrightlaw as well as passing off action for infringing the said rights. PersonalityRights: Personality is an attribute through which an individual is recognized in the society, depending upon the talent they possess.
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. The issue has often arisen in the context of protecting confidential information through copyrightlaw. E.g., see Prateek Surisetti’s post here and Niyati Prabhu’s post here.
Every day we come across many such influencers and celebrities endorsing products wherein the personality of an individual is traded either by validation or without. Living in an era where influential personalities are reverenced, fortifying PersonalityRights from any such misuse is a must. PERSONALITYRIGHT.
Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. What are Publicity Rights? Under this Act, Sec. Additionally, Sec. Under this Act, Sec.
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. First, in Toyota v.
The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. Durga Trading Corporation was clarified in this case. In Dhiraj Dewani v.
The issue involved in the case was whether the use of names and images of sportspersons to create digital player cards is a violation of their privacy and publicity rights. Issues Pertaining to the Use of NFTs in Copyright Firstly, there is no legislation to regulate the NFTs in India.
2024 has been an explosive year for IP developments in India, with more IP divisions coming up in different High Courts, an increasing number of IP registrations and an overall higher degree of attention on IP issues in the country.
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