JD Supra Law

MAY 1, 2024

Effective on July 1, 2024, the Ensuring Likeness Voice and Image Security (ELVIS) Act will amend Tennessee’s Personal Rights Protection Act of 1984 to explicitly include protections for songwriters, performers, and music industry professionals’ voice from misuse of artificial intelligence (AI).

Music 64

Music Personality Rights Patent 64

The IPKat

MAY 29, 2023

Chapter 2, authored by David Musker, considers the overlaps between patents and designs. For instance, the existence of a patent may be used by competitors to argue that the design is dictated by function and should therefore be ineligible for protection. The analysis is offered from the US, the UK, and the EU perspectives.

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

SpicyIP

AUGUST 12, 2024

PART I] Synthetic Singers and Voice Theft: BomHC protects Arijit Singh’s Personality Rights In a first of its kind order in India, the BHC restrains AI platforms from using likeness of famous singer Arijit Singh, finding them to prima facie infringe his personality rights. Read on below to know more.

Trademark 104

Trademark Personality Rights Registration Business 104

SpicyIP

MARCH 9, 2025

A quick glance at last week analysis of wrongful obtainment in the Indian patent landscape, discussing Delhi High Courts jurisdiction in ANI vs OpenAI, and the implications of a MoU between screen writers and music composers. Keep up with the ever changing world of IP with SpicyIPs Weekly Review! Bharathwaj Ramakrishnan discusses this issue.

Trademark 58

Trademark Patent Patent Application Copyright 58

SpicyIP

FEBRUARY 17, 2025

[Thanks to Aditi, Khushi and Sudhanshu for the case summaries] Here is our recap of last weeks top IP developments including summary of the posts on the ANI vs OpenAI copyright case, CGPDTMs office being moved to Delhi, and exemption under Section 107A of the Patents Act. This and a lot more in this weeks SpicyIP Weekly Review.

Trademark 58

Trademark Copyright Registration Personality Rights 58

SpicyIP

AUGUST 27, 2021

This essay re-emphasises Section 3(b) exclusions of the Indian Patents Act regarding inventions which cause ‘serious prejudice’ to the environment, in the context of the climate crisis that humanity is facing today. The essay is available here.

Law 136

Law IP Editing Intellectual Property 136

SpicyIP

SEPTEMBER 25, 2023

Highlight of the Week Comments on the Draft Patent (Amendment) Rules, 2023 Image by rawpixel.com on Freepix Comments pertaining to transparency and on substantive proposals within the draft Patent (Amendment) Rules, 2023, submitted to the Ministry of Commerce. Lokesh discusses the case in this short tidbit post. Raytheon Company v.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

SpicyIP

FEBRUARY 10, 2024

The response further states that the existing legal framework efficiently protects AI-generated works and India, as a member of major international conventions, adequately safeguards rights through Copyright Law and Patent systems, eliminating the need for separate AI-related rights.

Moral Rights 112

Moral Rights Copyright Infringement Related Rights Government 112

SpicyIP

AUGUST 4, 2024

Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personality rights. Previously, the appellant was restrained from manufacturing or selling the impugned brick making machine which were infringing the plaintiffs’ patents. Terex India Private Limited vs Cde Asia Ltd. &

Social Media 105

Social Media Trademark Licensing Music 105

IP and Legal Filings

JANUARY 27, 2025

In India, most notably videos of the popular TV personality Rajat Sharma were seen circulating online where he was seen spreading misinformation, damaging his reputation as a credible journalist. The journalist sought a permanent injunction, contending the wrongful use of AI infringed IP and personality rights.

Intellectual Property 104

Intellectual Property Music Art IP 104

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. One of the earliest posts on Monsanto was about opposition by the “No Patents on Seeds” coalition for a patent granted to Monsanto by EPO over a ‘closterovirus-resistant melon plant’.

Personality Rights 58

Personality Rights IP Licensing Copyright 58

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Name Harnessing a renowned person’s name in marketing not only seizes the public’s attention but also kindles curiosity, generating interest in the associated products and services.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

The IPKat

SEPTEMBER 22, 2023

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, personality rights, among others. Chapters 19–21 discussed industrial designs protection in a very elaborate manner.

Intellectual Property Law 81

Intellectual Property Law Intellectual Property Law IP 81

Intepat

DECEMBER 26, 2023

Patent Search : Examiners utilize AI systems to detect existing inventions, classify inventions, and determine the novelty of new inventions. This aids in the efficient evaluation of patent applications. Here, the applicant was granted a patent for inventing an AI.

Intellectual Property 52

Intellectual Property Invention Intellectual Property Law Personality Rights 52

IP and Legal Filings

FEBRUARY 23, 2023

Introduction The rights which are granted to the people for their creative work are known as intellectual property rights. They provide the creator a sole, time-limited right to make use of their invention. i] said that all disputes stemming from trademarks, copyrights, and patents are inherently unarbitrable.

Intellectual Property 98

Intellectual Property Confidentiality Litigation IP 98

SpicyIP

SEPTEMBER 12, 2024

The book structure can be divided into four parts, with the first three analysing the overlap of patents, copyright, and trademarks, with other IP rights, respectively. The chapter on Overlap between Patent and Design Protection by David Musker elaborates on this and deals with another pressing question- Whether overlaps matter?

Editing 80

Editing Intellectual Property Privacy IP 80

SpicyIP

JULY 29, 2021

Fonts & Typefaces: Are they Copyrightable? . Shivam Kaushik. An abundant number of fonts and typefaces are jam packed into prevalent word processing programs. Their function is so fundamental, and presence so ubiquitous that the thought that fonts and typefaces are eligible for copyright protection, seems inconceivable at first.

Copyright 126

Copyright Artistic Work Copyright Law Law 126

SpicyIP

NOVEMBER 19, 2023

The issue here pertains to the question of whether a patent office located in one place can transfer a patent application to another office in the absence of any specific provision in the law. Other IP Developments Commerce Minister Piyush Goyal lauds India’s grant of 41, 010 patents in 2023-24 so far.

Intellectual Property 58

Intellectual Property Journalism Patent Application Social Media 58

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. The Draft Patents (Amendment Rules) 2023 can be accommodating of such technology-related patents in broadcasting.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

43(B)log

AUGUST 9, 2024

Evidence Against Granting Automatic Injunctions in Europe Patent paper; issues involving NPEs similar to trolling issues in US. Authors’ rights are designed to protect that intellectual and emotional bond. Stefania Fusco (co-author Valerio Sterzi), Does the EU Need an EBay-Like Case?

Fair Use 59

Fair Use Moral Rights Law IP 59

SpicyIP

JULY 17, 2023

Last week saw blogposts on the history of the Berne Convention, data questioning whether patent filing and grant numbers tell the full story, and criticism of the EPOs patent grants. Who’s Filing These Patents, and Are They Working Alright? But who are the parties filing these patent applications?

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

The IPKat

DECEMBER 17, 2021

This post is about patents and reforms in IP policy, legislation and administration. March in South Africa, a matter, Groundprobe Pty Ltd and another v Reutech Mining (Pty) Ltd and others which started out as a patent infringement action ended up with a court judgment revoking the patent for a lack of inventive step.

IP 92

IP Patent Intellectual Property Inventor 92

IPilogue

JUNE 3, 2022

In fact, there exist several legal implications within Intellectual Property law (“IP”), such as the common law principle of personality rights. A personality right is a proprietary right to recreate one’s self-identity using a person’s name, likeness, image and personality.

Marketing 104

Marketing Marketing Personality Rights Intellectual Property Law 104

SpicyIP

JULY 19, 2021

She highlights that the Court refused to afford post mortem protection to personality rights of the actor. Nishtha emphasises that in determining whether the deceased possessed personality rights enforceable by his heirs, the Court based its reasoning on the intertwining between privacy and publicity rights.

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

The Controller on working examples is surely going to interest patent lawyers. Remanding the matter back to the Patent Office, the Court clarified that a working example does not define the patent’s scope. Controller of Patents on May 14, 2024 (Delhi High Court) A patent application for a formulation of probiotic was rejected.

Trademark 45

Trademark Advertising Advertising Invention 45

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. vs The Controller of Patents & Anr. Koninklijke Philips N.V. vs Oplus Mobitech India Pvt.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

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 delineated instances like parody and satire where free speech in the context of well-known persons may be protected. Syngenta Ltd.

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. In 2006 Kibow had applied for registration of its invention for a certain composition that augments kidney function and was granted patent protection.

IP 143

IP Intellectual Property Trademark Copyright 143

SpicyIP

JANUARY 10, 2025

Regarding personality rights and introducing a public interest test before granting protection to celebrities, Rebecca Cardoso, in this guest post, advocates for a balanced approach prioritizing protection against genuine harm instead of trivial grievances. Navigating Personality Rights Does Fame Have a Trade-Off?

Personality Rights 58

Personality Rights Fair Use Privacy Marketing 58

The IPKat

FEBRUARY 17, 2025

The German Patent Court recently denied bad faith in such a situation concerning Ferraris Testarossa trade mark (case 29 W (pat) 14/21). The German Patent and Trade Mark Office suspended the opposition proceedings because of the invalidity application. The German Patent and Trade Mark Office rejected the invalidity application.

Registration 59

Registration Licensing Brands Branding 59

SpicyIP

FEBRUARY 6, 2025

As the Order explains, Clause 12 of the Letters Patent of the High Court gives the High Court the power to hear certain suits. The Letters Patent Act (LPA) , a pre-independence era legislation, established the High Court of Madras. Interestingly, they have also been subject to protection under personality rights.

Copyright 58

Copyright Intellectual Property Copyright Infringement Trademark Law 58

SpicyIP

OCTOBER 2, 2023

Image from here The Delhi High Court’s recent interim injunction concerning Anil Kapoor’s personality rights throws up an important question- should such orders protecting personality rights overlook the established principles and doctrines? Read the post by Prof. Sunanda Bharti Bharti on this. Defendant no.

Licensing 58

Licensing Trademark Intellectual Property IP 58

SpicyIP

JUNE 17, 2024

Recognizing Karan Johar’s personality rights, the Bombay High Court grants an interim injunction to the director, restraining the release of the film “Shaadi ke Director Karan aur Johar”. Delhi High Court grants ex-parte ad interim injunction to Rajat Sharma and India TV, restrains use of “Baap ki Adalat” and “Jhandiya TV”.

Design 58

Design Designs Trademark IP 58

SpicyIP

SEPTEMBER 15, 2024

Voice Clones and Legal Tones: The Intersection of Artificial Intelligence and Posthumous Personality Rights Bringing the dead back from their grave? CGPDTM forms a committee to draft a code of conduct for Patent and Trademark Agents. Md Sabeeh Ahmad shares his review of the book below.

Trademark 76

Trademark Editing IP Copyright 76

SpicyIP

DECEMBER 31, 2024

Weve tried to represent a diversity of subject matter also in this list, so its a mixed bag of cases dealing with patents, trademarks, copyright law etc. The decision by Punjab and Haryana High Court is also notable for explicitly stating that one needs to be a celebrity to be able to claim personality rights.

IP 105

IP Invention Patent Copyright 105

SpicyIP

NOVEMBER 8, 2024

Image from here [Part II] The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet…… The Show Must Go On? “It Protects Them From Exploitation” The Claim : Capitalizing on celebrities’ identity subjects their personality rights to potential abuse and jeopardizes their career and livelihood.

Privacy 63

Privacy False Advertising Personality Rights Brands 63