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The Visual Artists Rights Act (VARA) provides some moralrights: non-economic rights personal to the author of a work. VARA was passed in compliance with the Berne Convention, the international copyright treaty that requires countries to provide the basic rights of attribution and integrity to authors.
This inclusion was crucial in recognising and protecting the rights of architects over their architectural designs and works. In India, the protection of architectural designs falls under three main categories of the Indian IP regime, namely copyrights, designs and trademarks.
TRADEMARKS AND TATTOOS Tattoos can also intersect with trademarklaw. For example, if a tattoo features a recognizable brand logo or slogan, it could infringe on the trademark holder’s rights. MORALRIGHTS AND TATTOOS Moralrights protect artists’ personal and reputational interests.
Neela Film”), issued an ex-parte ad-interim injunction against the defendants, including websites, e-commerce platforms, YouTube channels and ‘John Doe’ parties, restraining them from infringing the copyright and trademark of the makers of the popular Hindi television sitcom “Taarak Mehta Ka Oolta Chashma” (“TMKOC”).
V RGV Film Factory” [4] , the court rules that a movie title’s eligibility for trademark protection depends on its acquisition of secondary meanings and uniqueness. [5] MK, An analysis on Protection of film titles under TrademarkLaw , Surana & Surana (Dec. 20, 2023) [link] [10] Arbaaz Khan Production (P) Ltd.
Intellectual property covers the rights relating to: performances by artists, phonograms, and broadcasts; literature, art, and science; advancements in diverse human endeavors; scientific discoveries; protection against unfair competition. But in the current scenario, AI is causing greater challenges to the trademarklaw as well.
However, this may prove difficult as in the case of granting the author rights, the moralrights provided under Section 57 of the Act are nearly impossible to enforce. AI cannot be held accountable for infringement of personality likes, or any objectionable content it may produce, as it lacks the capacity for moral judgement.
Overview of Major International IP Treaties The realm of Intellectual Property (IP) is inherently global, as the creations it protects—such as inventions , literary and artistic works , designs , and trademarks —often transcend national borders. It provides a framework for the protection of patents, trademarks, and industrial designs.
1) He made this request on grounds including trademarklaw and unfair competition law. Articles 4(1) and (3) concern the individual powers of the author on moralrights and article 12(2) concerns the transfer of intellectual rights (property and moral). dishes and seasonings) as works of IP. (1)
More recently in 2020, Sankalp Jain discussed the copyright challenges in “Dreams,” a video game enabling user-generated content, arguing for the Indian copyright law’s limitations in addressing the the issues around the fan-made creations within the game. Google, particularly looking into ‘consent’ and the moralrights of a performer.
This is a book review of the Research Handbook on Intellectual Property and MoralRights , curated by Ysolde Gendreau (Université de Montréal, Canada), provided by Francesca Mazzi , Lecturer in AI, Innovation and Law at Brunel University London. Such gestures couldn't be overlooked in a book on moralrights.
Protecting personality rights has become a growing problem in India due to deepfakes, morphed pictures, etc. In between these problems came Delhi High Court’s judgement in favour of Anil Kapoor wanting to get personality rights. National Law School of India Review , 31 (1), 125–148. Stanford Law Review , 58 (4), 1161–1220.
Living in an era where influential personalities are reverenced, fortifying Personality Rights from any such misuse is a must. One such avenue to safeguard such rights is through the way of Copyright and Trademark. PERSONALITY RIGHT. Image source: Shutterstock]. In the case of Gautam Gambhir.
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. Bolt Technology v. First, in Toyota v. Tech Square which was passed against a cancellation petition filed by Toyota against the registration of “Alphard” by Tech Square.
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