SpicyIP

OCTOBER 6, 2024

Tejaswini Kaushal explores these Pre Grant Oppositions as well as potential licensing questions, highlighting how the outcome could profoundly impact the availability of affordable HIV treatments in low- and middle-income countries (LMICs) like India. 1 and the defendant’s use of the similar design leads to consumer confusion.

Registration 105

Registration Copyright Licensing Trademark 105

IP and Legal Filings

JUNE 27, 2022

In India, protection under copyrights is provided into two forms, which includes, economic rights and the moral rights of the author. Economic rights are enumerated under section 14 of the Act and section 57 deals with the moral rights of the copyright holder. INDUSTRIAL DESIGNS.

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

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 82

Music Intellectual Property Copyright Technology 82

Biswajit Sarkar Copyright Blog

SEPTEMBER 9, 2022

The law governing the regime of copyright in India is the Copyright Act of 1957. The laws extend their protection to the expressed ideas of the creativity of the author by providing recognition to the rights of exclusivity in terms of creation and enforcing such rights through effective mechanisms.

Registration 52

Registration Copyright Moral Rights Copyright Infringement 52

The IPKat

FEBRUARY 12, 2024

emphasis added to highlight the differences] On the face of it, indeed both the former and current “assignment and licenses” provisions appear to merely speak to the fact that copyright can be transferred as you would a movable property. However, closer examination reveals at least two significant differences.

Copyright 62

Copyright Moral Rights Government Public Domain 62

SpicyIP

DECEMBER 20, 2023

Notably, Monsanto’s matter had several layers including the State Governments seeking to regulate IP licensing fees, and the Indian seed companies who previously licensed technology from Monsanto, refusing to pay royalties to Monsanto. However, the Government later withdrew these guidelines.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

SpicyIP

DECEMBER 30, 2023

This will potentially impact the copyright licensing landscape insofar as filmmakers will have to enter into dedicated agreements to claim protection for works not listed within the scope of Section 17. Microsoft Technology Licensing v. the licensee. The judgement was authored by Justice C. Telefonaktiebolaget LM Ericsson (PUBL) v.

IP 124

IP Copyright Trademark Intellectual Property 124

Art Law Journal

AUGUST 18, 2022

The Model has produced a valid driver’s license, birth certificate, or other proof of age to the Publisher. No other party has any interest or right in and to the Images or the exploitation thereof by the Publisher. GOVERNING LAW. ENTIRE AGREEMENT. All suits permitted to be brought in any court shall be in [STATE/PROVINCE].

Publishing 85

Publishing Art Contracts Artwork 85

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

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

SpicyIP

JULY 11, 2021

He evaluates the various applicable laws to argue that a thesis is a ‘public document’, the right to access which is available to the public as a matter of public interest, as well as through fair use under Section 52 of Copyright Act and also the RTI Act. Other Posts.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

Velocity of Content

MARCH 16, 2023

V Ross Intelligence, Inc. – (Some) answers coming soon This case, which involves the alleged surreptitious copying of the entire Westlaw database (after having been denied a license) in order to create an allegedly competing product, is already significant in that the Complaint survived a motion to dismiss. This will be hard to defend.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

The IPKat

MARCH 25, 2025

This section extends its analysis beyond legal frameworks to contextualize fashion as a market, shedding light on key revenue streams for fashion brands, such as licensing and merchandising. By doing so, it reinforces the notion that fashion is not only an art form, but also one of the most lucrative industries worldwide.

Law 57

Law Intellectual Property IP Branding 57

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

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. This instance brings out certain questions when will the work be considered as commissioned, contract for service or implied license?

IP 52

IP Artwork Contracts Intellectual Property 52

Kluwer Copyright Blog

OCTOBER 17, 2022

Other rules may limit contract transfers, sub-licensing or excessive contract duration, or prohibit other contract terms and trade practices deemed unfair (see e.g. Consequently, choice of law clauses in favour of common law jurisdictions may affect the level of protection accorded to artists.

Contracts 52

Contracts Law Copyright Moral Rights 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

43(B)log

AUGUST 11, 2021

Cord told Twain the story in NY, which is governed by Hemingway’s Estate v. The court understood that what the author meant to do was to give the publisher an implied license to use/distribute work; given the risk of forfeiture, they had to frame these facts as an issue of assignment. [Federal preemption.] Zvi Rosen: Wheaton v.

Ownership 45

Ownership Moral Rights Copyright Publishing 45

The IPKat

SEPTEMBER 12, 2022

Although she could not stay for the entire session due to pressing issues developing in ExCo related to the moral rights question, she was there for the most pertinent discussion of interest to readers. These measures included export controls and compulsory licenses (e.g., Is IP to blame for access to Covid-19 vaccines?

IP 91

IP Reporting Contracts Licensing 91