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Protecting Fashion or Stifling Innovation

IIPRD

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] It is here that the distinction between ‘design’ in the Designs Act and ‘artistic work’ in the Copyright Act becomes relevant. Infringement Of IPR – Design or Artistic Work?

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Swedish court requests CJEU to clarify notion of ‘author’s own intellectual creation’ when assessing EU originality standard

The IPKat

Should the originality requirement focus on factors related to the creative process and the author’s account of the actual choices that they made, or rather factors concerning the work itself and the final result of the creative process?

Art 91
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Cardinals Of Intellectual Property Rights (Part- II)

IP and Legal Filings

COPYRIGHTS: Term copyright is a bundle of exclusive rights provided to the creator/owner of original works of authorship, which includes literary, dramatic, musical, and artistic works, cinematographic films, and sound recordings. Broad classification of ‘works’ which are protected by copyright are-. Cinematograph films.

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Ownership of Copyrights Patents and Trademarks are Created by Employees and Independent Contractors

IP and Legal Filings

Trademarks- as the patents protect the inventions, trademarks refer to the unique symbols and phrases used by an organization helping them to distinguish from the others in a competitive market. Copyright- copyright protection is given to the works of authorship. It must only include music, literary works like art, and much more.

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IP Issues in The World of Japanese Sequential Art – Manga

IIPRD

Afterward, the second world war did pose an interruption in the steady growth but in turn, it scaled the manga market to a whole new different level in 1947. According to the well-settled laws of copyright, it is a blatant mutilation of the rights of an author over their works and the characters they have developed. Napster, Inc.,

Art 52
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SpicyIP Weekly Review (March 4-March 10)

SpicyIP

The plaintiff has registered its “Social” trademark and states to have invested considerably in its advertisement from 2001-2023. The Court also took note of the defendant’s applications for identical trademark and artistic work, despite the plaintiff’s prior registrations for lack of bona fides.

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Removing songs from Spotify could breach label’s duty to exploit: Four Tet v Domino

The IPKat

Express or implied duty to exploit/duty of good faith Mr Hebden pleaded that, under the contract, there was "imposed on Domino a continuing obligation to use reasonable endeavours following release to exploit the Masters … by all then-industry-standard means, in the UK and in the Major Markets respectively." RELEASE COMMITMENT 4.1 and/or 4.2