SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. The decisions in the second category, i.e., Top 10 IP Cases/Judgements (Jurisprudence/Legal Lucidity) reflect those that we thought showed a fair bit of jurisprudential rigour and/or legal lucidity. Nataraj, Ms.

IP 113

IP Copyright Trademark Intellectual Property 113

The IPKat

JULY 21, 2023

and virtual worlds, including in respect of IP rights. The strategy includes 10 actions – the most relevant of which for IP rightsholders is Action 6, which includes developing a “toolbox to fight counterfeiting” by Q3 2023. Here’s what Alessandro writes: European Commission strategy on Web 4.0

Moral Rights 52

Moral Rights Copyright Infringement IP Design 52

IIPRD

JANUARY 29, 2023

1] However, this growth also brought an onslaught of new Intellectual Property (IP) issues. In the recent instance of Projekt Melody and DigitrevX, [4] the VTuber Melody lost her account for a day and her twitch partnership after a DMCA takedown after DigitrevX accused her of IP infringement. [5]

IP 52

IP Artwork Contracts Intellectual Property 52

IP and Legal Filings

JUNE 27, 2022

This blog will consider different IPs, which are at growing stage. These include the IPs, like- Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. Being at a nascent stage for IP compared globally, remarkable progress has been made by the nation.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

IP and Legal Filings

APRIL 18, 2023

Section 2(1)(s) includes the government as well apart from other ‘natural persons’ although it did not define the term ‘person’ with clarity. 5] Such a ‘personality’ entails a right to sue or be sued by another entity which an AI lacks. A person can have the moral right may not have the legal right in the invention.

Inventor 52

Inventor Moral Rights Patent Invention 52

The IPKat

JANUARY 24, 2023

In the EU the very concept of an ‘orphan work’ and limitations on economic rights are envisaged in the EU Orphan Works Directive [Katposts here ] which Ukraine implements. The new law provides that a special procedure for recognition and loss of the orphan work status lies with the Ukrainian government. No moral rights apply to CGOs.

Related Rights 145

Related Rights Law Copyright Moral Rights 145

IP and Legal Filings

DECEMBER 6, 2022

Besides, it is pertinent to note that in order for a music to be copyrighted under the governing act in India, it has to be in tangible form as the most basic requirement. Right to communicate the work to the public. The Indonesian copyright regime is governed by its Copyright Act of 2014 (‘Act’). LEGISLATION IN INDONESIA.

Music 91

Music Copyright Copyright Infringement Moral Rights 91

IP and Legal Filings

MARCH 1, 2022

The Protection of Traditional Knowledge and Cultural Expressions Act (PTKCEA), 2016 passed by the Kenyan government elaborated categorically upon the IP rights of traditional communities. Section 21(2) (c) of the Act confers the right not to have TK and cultural expressions subject to derogatory treatment.

Intellectual Property 81

Intellectual Property Brands Branding Branding 81

SpicyIP

JULY 11, 2021

IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division. Basheer’s arguments several years ago, when he advocated for specialised IP benches in High courts as opposed to an inept IPAB with limited powers. Justice Prabha Sridevan, who underscored the importance of public interest in IP matters.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

IP and Legal Filings

JANUARY 23, 2023

IP owners must plan and safeguard their unique creation from any prospective infringements because NFTs have a distinguishing trait. [ii] NFTs are governed by smart contracts, which divide ownership and limit transferability. vii] NFTs are prone to “copyfraud” and other violations of the moral rights of the inventor.

Non-Fungible Tokens 91

Non-Fungible Tokens Copyright Intellectual Property Ownership 91

IP and Legal Filings

JUNE 29, 2024

3] IP LAWS SAFEGUARDING PERSONALITY RIGHTS With regards to personality rights, ‘passing off’ action can be enforced against anyone who attempts to distort the persona or reputation of a celebrity by attempting to pass off their products or services as that of the celebrity. Ammini Amma and Ors., 1] Jaikishan Kakubhai Saraf v.

Personality Rights 92

Personality Rights Fair Use Privacy Intellectual Property Law 92

IP and Legal Filings

MAY 13, 2024

In doing so, it calls into question a fundamental assumption of many traditional intellectual property (IP) frameworks as copyright laws only protect works created by humans and not AI. AI will play a rapidly expanding role in all aspects of our daily life and therefore the law must govern its applications.

Copyright 96

Copyright Intellectual Property Ownership Technology 96

SpicyIP

DECEMBER 20, 2023

Kurian’s trail of transparency, Statements of Patent (Non-)Working, Corruption in IP Offices, Serial Crisis in India, the Indian “Bayh Dole” Bill, etc. Although India now has the Digital Personal Data Protection Act 2023 , it doesn’t provide IP protection to databases. However, the Government later withdrew these guidelines.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

LexBlog IP

FEBRUARY 21, 2024

Therefore, the legal regulations which govern the prerogatives that the creator has concerning the protected work are supported on the premise that the creator is a human being, who has expressed and portrayed, in a tangible fashion, his or her idea or mental creation.

Copyright 52

Copyright Copyright Law Law Moral Rights 52

Intepat

OCTOBER 7, 2022

As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Designing and creation must be safeguarded by various kinds of intellectual property rights (IPR) since they are fundamental elements of this creative skill. appeared first on Intepat IP.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

SpicyIP

OCTOBER 6, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the Lenacapavir patent application and oppositions, ANRF and corporatisation of research, the copyright dispute between Jasleen Royal and T Series, and DHC’s recent order in Master Arnesh Shaw v. Read Mansi Bhatia’s post on the dispute.

Registration 100

Registration Copyright Licensing Trademark 100

IP and Legal Filings

NOVEMBER 10, 2022

The Copyright Act is the primary intellectual property law governing copyright protection in Singapore. Creators who obtain intellectual property protection for these works receive legal, economic, and moral rights over them. Originality simply means that there is a degree of independent effort in the creation of the work.

Copyright 87

Copyright Intellectual Property Registration Copyright Infringement 87

Intepat

OCTOBER 7, 2022

As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Designing and creation must be safeguarded by various kinds of intellectual property rights (IPR) since they are fundamental elements of this creative skill. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

SpicyIP

FEBRUARY 27, 2024

We have already traversed through Junes , Julys , Augusts , Septembers , Octobers , Novembers , Decembers , and shared some stories like Rahul Cherian’s Legacy, 2010’s International Efforts on Pandemics, Corruption in IP Offices, Law Making via Leaked Documents, etc. Then, Arundathi Venkataraman discussed the topic using the case of Garcia v.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

The IPKat

MAY 22, 2023

With the sudden popularity and accessibility of AI systems such as Open AI’s ChatGPT, there has been a lot of attention regarding the regulation and governance of the industry. The government did then appear to backtrack in February, with science minister George Freeman saying it would not take the exception forward.

Music 80

Music Intellectual Property Copyright Technology 80

SpicyIP

JULY 23, 2023

Last week we published a literature review cum blog post on Artificial Intelligence and IP. Abhijeet is a fourth-year law student at Hidayatullah National Law University, Raipur, and is interested in the intersection of TMT and IP sectors. Anything important we’re missing out on?

Trademark 83

Trademark IP Higher Education Moral Rights 83

SpicyIP

SEPTEMBER 8, 2024

Julia is an Associate at Cyril Amarchand Mangaldas, Bengaluru and Snehal is an Associate at Chadha and Chadha IP, Gurugram. Reviving popular artists posthumously, though nostalgic, prompts critical questions about the boundaries around consent, personality rights, moral rights, economics of the industry, and even ethics.

Personality Rights 45

Personality Rights Privacy Art Music 45

Kluwer Copyright Blog

NOVEMBER 24, 2022

UK Government National Curriculum ). Rather, it focuses on the just safeguards that should exist around the exploitation of those works, both in relation to economic and moral rights. The analysis of authorship in the early years provides the opportunity to appreciate creativity in its elemental manifestations.

Copyright 94

Copyright Intellectual Property Moral Rights Ownership 94

IP and Legal Filings

OCTOBER 11, 2022

The performer is abetted with the right to claim damages in case his performance is distorted, mutilated, or modified in a manner prejudicial to his reputation. Performers right provided under the Copyright Act encompasses special rights, exclusive rights, and moral rights.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

Kluwer Copyright Blog

OCTOBER 19, 2022

The German legislator has provided for the compulsory application of its provisions concerning fair remuneration, the contract adjustment mechanism, the reporting obligations and alternative dispute resolution under the following conditions: if the contract would be governed by German law in the absence of choice of law and/or.

Contracts 52

Contracts Law Copyright Intellectual Property 52

IIPRD

JUNE 6, 2022

Different communities have their own traditional or customary laws governing the use of traditional knowledge, which may differ significantly from their national or international system of intellectual property rights. However, there are laws pertaining to Traditional Knowledgein other IP statutes. The Patent Act, 1970.

Intellectual Property 40

Intellectual Property Invention Copyright Patent 40

IP and Legal Filings

JANUARY 22, 2024

The Statute of Anne marked the beginning of copyright protection in the United Kingdom, whereas in France, the first statute granting copyright protection was enacted after the French Revolution known as the Declaration of the Rights of the Genius in 1793, which gave authors protection for ten years (Moh. Zafar Mahfooz Nomani, 2023).

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

OCTOBER 17, 2022

The law of the country selected in a choice of law clause (indicated as the lex contractus ) governs issues of contract interpretation, performance and (consequences of) termination (Article 12 Rome I Regulation ). As a result, the general conflict of laws rule for IP rights applies.

Contracts 52

Contracts Law Copyright Moral Rights 52

The IPKat

SEPTEMBER 12, 2022

This is the first in-person Congress since London hosted in 2019, so it was only apt that the first panel session was on the topic of IP and Covid-19. Is IP to blame for access to Covid-19 vaccines? Eric Solwy (Partner, Sidley Austin) said that the role of IP is not a theoretical question in developing and incentivizing technology.

IP 90

IP Reporting Contracts Licensing 90

LexBlog IP

AUGUST 8, 2021

4] The Commissioner held that the Patents Act 1990 (Cth) (the Act ) and, by extension, subordinate regulations governing the formalities of patent applications, were inconsistent with an AI machine being named as the inventor, which was required to be a human person. [5] Where to from here?

Inventor 52

Inventor Patent Patent Application Invention 52

The IPKat

NOVEMBER 1, 2022

Part two, AI-IP Theory , Gaon devotes four chapters to considering whether IP theories can support IP protection for AI. In particular, by considering how and when IP protection for computer programs evolved. the programmer, the user, or the AI itself). However, the parameters of this exception are not yet decided.

Copyright 98

Copyright Moral Rights IP Privacy 98

IP and Legal Filings

FEBRUARY 20, 2024

Interesting right? Let’s give you some insights as to What constitutes such infringement, what can be done against this, and the relevant laws governing such situations . PERSONALITY RIGHTS In this day and age of endorsement deals and tabloid speculations, it is crucial for celebrities to protect their rights and reputations.

Personality Rights 72

Personality Rights Privacy Social Media Copyright 72

IPilogue

DECEMBER 1, 2022

On November 9, IP Osgoode, Reichman University and Microsoft hosted the first in-person Bracing for Impact Conference since 2019. Justice Rothstein offered a Canadian perspective on how our moral rights framework would line up with Dean Zemer’s approach. Photo by Buda Photography.

Moral Rights 64

Moral Rights Ownership Artwork Government 64

LexBlog IP

AUGUST 31, 2022

‘Humor is an important medium of legitimate expression and central to the well-being of individuals, society, and their government. ” Although the CJEU never mentioned the phrase ‘moral rights’ in its ruling, paragraph 31 might be read as referring to them.”). ’ Robert D.

Fair Use 52

Fair Use Trademark Moral Rights Law 52

The IPKat

MAY 25, 2022

As IP aficionados, many readers of this blog will have strong views about the proper scope of copyright law. Given the dispute’s employment law context, it received limited attention from IP academics ( with some exception ). The adherents of this new religion believe in IP”.

Copyright 93

Copyright Moral Rights Intellectual Property Intellectual Property Law 93

43(B)log

APRIL 7, 2023

The Global Internet and Its Workable, Bespoke, Patchwork Regulation Justin Hughes, Loyola University Los Angeles John Perry Barlow’s Declaration of Independence of Cyberspace: a full repudiation of the lack of gov’t authority or moral right to rule cyberspace. Governments might also find much to envy in DSA.

Art 45

Art Copyright Settlement Moral Rights 45