article thumbnail

Protecting Fashion or Stifling Innovation

IIPRD

It is here that the distinction between ‘design’ in the Designs Act and ‘artistic work’ in the Copyright Act becomes relevant. This is evidenced as an artistic work enjoys protection throughout the life of the author plus sixty years; whereas a design only enjoys protection for 10 years from registration.

article thumbnail

Traditional Tattoos on the Red Carpet: Continuing the Conversation of Collective Ownership

IPilogue

In 2009, the Hudson’s Bay Company (HBC) mass-produced sweaters as part of their official merchandise for the 2010 Vancouver Olympics. It is likely that tattoos would fall under the Copyright Act under section 5(1), which delineates artistic works as expressions through visual medium. Current State of the Law on Tattoo Designs.

Ownership 103
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Parody under the Copyright Law

IP and Legal Filings

In relation to ‘Parodies’, since it is derived from the original work of another writer or artist, it is difficult to draw a line between creative criticism and imitation. Vipul Amrutlal Shah (2009) and MRF Limited v. The Supreme Court’s decisions in the case of Shree Ventakesh Films (SVF) v.

article thumbnail

IP Issues in The World of Japanese Sequential Art – Manga

IIPRD

No strict actions are taken against these infringements; in fact, in a Supreme Court case in Japan in 2009 [1] the creator of file sharing program known as ‘Winny’ was not found guilty of infringing content through providing file-sharing software and his actual intent of legitimate legal use was considered over the alleged infringement.

Art 52
article thumbnail

The Impact of REULA on Copyright Law: Navigating the Post-Brexit Landscape

Kluwer Copyright Blog

Copyright in the UK protects a closed list of works, which never conformed with the EU law’s open-ended approach, suggesting that copyright protection arises in respect of any work falling within the scope of Berne Convention and the InfoSoc directive , which is its “ author’s own intellectual creation ” (as confirmed in Infopaq in 2009).

article thumbnail

IP infringement in Metaverse

IIPRD

For example, in 2009 the owner of a physical TASER gun sued Liden Lab stating that the users of Second Life are infringing the TASER’s trademark by creating a version of the TASER gun and trading them in Second Life. This right is given to literary and artistic work like music, etc. Later it was settled. Copyright Infringement.

IP 52
article thumbnail

National IPR Policy : An Analysis

IP and Legal Filings

[i] The very first accords to recognise why IPRs are important were the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). REFRENCES [i] Bajaj Auto Ltd vs. TVS Motor Company Limited 2009 [ii] Yahoo!, iv] Sameer Wadekar & Anr.