The IPKat

SEPTEMBER 22, 2023

This book review of Intellectual Property Law in Nigeria: Emerging Trends, Theories And Practice by Desmond Oriakhogba (University of the Western Cape, South Africa) and Ifeoluwa Olubiyi (Afe Babaloloa University, Ado-Ekiti, Nigeria) is kindly provided by Kasim Waziri , Professor of Law at the University of Abuja, Nigeria.

Intellectual Property Law 81

Intellectual Property Law Intellectual Property Law IP 81

Kluwer Copyright Blog

APRIL 5, 2023

The Court applies Italian law cross-border to the unitary set of conducts, based on an economic-functional link among all company divisions, indicating as the main criterion of connection with Italian jurisdiction the forum damni ex Article 20 of the Italian code of civil procedure (c.p.c.), which refer to a person’s rights to name and image.

Public Domain 98

Public Domain Copyright Law Artwork 98

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. and undoubtedly creating such content includes the distribution of any intellectual property rights to their respective authors.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

The IPKat

MAY 29, 2023

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 copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

SpicyIP

JULY 29, 2021

The legal position in India is that fonts do not enjoy copyright protection under its copyright law, i.e. under the Copyright Act, 1957 (page 5). The US copyright law of 1976 explicitly excludes the mechanical or utilitarian aspects of applied art from the definition of artistic craftmanship. Conclusion.

Copyright 126

Copyright Artistic Work Copyright Law Law 126

Olartemoure Blog

JULY 17, 2024

THE ART OF TATTOOING AND COPYRIGHT Tattoos are protected by copyright laws as original works of art. This means the tattoo artist holds the exclusive rights to reproduce, distribute, and display the design. COMMISSIONED TATTOOS AND OWNERSHIP When commissioning a tattoo, clients pay for the service, not the copyright.

Intellectual Property 52

Intellectual Property Moral Rights Art Branding 52

SpicyIP

MARCH 9, 2025

Highlights Moving Towards a Wrongful Obtainment Standard Part I Wrongful obtainment is a less explored area of patent law in the Indian context. Assessing these orders, Bharathwaj Ramakrishnan looks at the UK Patent law to discuss its relevance in streamlining the wrongful obtainment analysis in India.

Trademark 58

Trademark Patent Copyright Patent Application 58

43(B)log

AUGUST 9, 2024

Canada: determined as matter of common law. Australia adopted a similar law (includes weighing of harm to others and whether other injunctions have been issued). We’re in a very different place: now Google can do no right on Capitol Hill. Previously, Mexican law already had remedies for © owners. EU: statute.

Fair Use 59

Fair Use Moral Rights Law IP 59

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Therefore, the law cannot prevent an author from finding inspiration in others, as it would hinder artistic development.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

IP and Legal Filings

FEBRUARY 17, 2025

Within India, the sports market is able to thrive due to the extensive laws. The internet era has lead to an increase of IP in the sports sphere, but has also lead to negative aspects such as cybersquatting, which although does not have a specific remedy, can be quashed using existing trademark law.

Intellectual Property Law 90

Intellectual Property Law Intellectual Property Law IP 90

IP and Legal Filings

APRIL 19, 2023

Introduction Personality rights refer to a person’s ability to safeguard his or her identity in the context of a property or privacy right. Celebrities value these rights since their names, images, or even voices may be inappropriately used in commercials by various businesses to increase sales. Puttaswamy v.

Personality Rights 98

Personality Rights Privacy Moral Rights Copyright 98

IP and Legal Filings

AUGUST 26, 2024

Recently, Bollywood Director Karan Johar [1] filed a case against the makers of “Shaadi Ke Director Karan Aur Johar” for using his name in the title of their movie without permission, this lawsuit has sparked again the debate relating to personality rights in India. Topps Chewing Gum Inc. [2] Rajagopal v.

Personality Rights 52

Personality Rights Privacy Intellectual Property Law Intellectual Property 52

SpicyIP

JULY 19, 2021

In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She argues that the law should broaden the definition of serious comparative advertisement (where the owner of the mark advertises his product reference to his competitor’s product based on scientific study) by allowing multiple comparisons.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

DECEMBER 29, 2024

Delhi High Court Rulings on Celebrity Rights Galore: Examining the Rajat Sharma and Mohan Babu Orders Celebrity (Rights) in the News Again: Rajat Sharma and Mohan Babu approached the court seeking permanent injunction restraining infringement of their personality and publicity rights.

Journalism 52

Journalism Trademark Registering Trademarks Business 52

SpicyIP

MAY 20, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review.

Trademark 45

Trademark Advertising Advertising Invention 45

SpicyIP

DECEMBER 30, 2023

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, copyright law etc. The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

JANUARY 2, 2022

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. The Kerala High Court had recognised a petitioner’s right to privacy and reputation while seeking the removal of their name from judgments published on IndianKanoon.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

NOVEMBER 8, 2024

He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. Views expressed here are personal.] Dismantling the Defense: Why Common Justifications for Publicity Rights Fall Flat Prof. Unauthorized use for commercial gain violates these rights. [This three part post is authored by Akshat Agrawal.

Privacy 104

Privacy Personality Rights Public Domain Ownership 104

Intepat

OCTOBER 28, 2024

NFTs are unique digital tokens that represent ownership of specific digital assets. NFTs are embedded with smart contracts—self-executing contracts written in code—that facilitate the transfer and verification of ownership. India’s Stand on NFT There is no law in India to regulate NFTs.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Contracts Ownership 52

SpicyIP

OCTOBER 2, 2023

Highlights of the Week Bayh Dole-esque Guidelines Notified by Dept of Biotechnology Image from here Earlier this month, Dept of Biotech notified the DBT IP Guidelines for ownership and commercialization of IP arising from DBT funded research outcomes. Image Rights Alright—But Can They Trump Established Rights and Doctrines?

Licensing 58

Licensing Trademark Intellectual Property IP 58

SpicyIP

DECEMBER 31, 2024

With the number of developments happening, were bound to have missed some important developments, but weve done our best to include developments from different parts of the country, as well as different areas of IP law!Are Check IPRment Laws post on this decision for a detailed discussion) The judgement was passed by Justice R.

IP 105

IP Invention Patent Copyright 105

SpicyIP

NOVEMBER 8, 2024

He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. “It Protects Them From Exploitation” The Claim : Capitalizing on celebrities’ identity subjects their personality rights to potential abuse and jeopardizes their career and livelihood. His previous posts can be found here.

Privacy 63

Privacy False Advertising Personality Rights Branding 63