IP and Legal Filings
APRIL 19, 2023
Personality rights as such are not expressly stated in the Constitution, but in the case of Judge K.S. Union of India, AIR 2017 SC 4161 , privacy was acknowledged as a basic right under Article 21 of the Constitution. Puttaswamy v. In Titan industries v. M/S Ramkumar jewellers, CS (OS) No.2662/2011,
Kluwer Copyright Blog
SEPTEMBER 1, 2021
music synchronised in an advertisement) and adaptations (e.g. 113-4 IPC states that ‘A composite work shall be the property of the author who has produced it, subject to the rights of the author of the pre-existing work.’ A composite work is therefore a derivative work, i.e. simple incorporations (e.g. The parody defence.
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JIPL Online
APRIL 9, 2021
If memes are so powerful to engage users with the underlying content, as recognized by their increased use as an advertising tool, then how can the same corporations claim that memes are creating a serious harm that the law should recognize and protect? Put differently, is it fair for corporations to have their cake and eat it too?
SpicyIP
DECEMBER 11, 2023
Decoding Street Art, Fair Use and Moral Rights Is usage of Mural art, in commercial advertisements covered by Fair use? The plaintiff argued that the defendant’s mark is similar to its registered ‘ELPASO’ trademark and the defendant has not renewed the impugned mark since 2017. Click to read!
Kluwer Copyright Blog
NOVEMBER 24, 2021
In 2017, the BGH once more issued a ruling on Section 95a UrhG in relation to the Nintendo DS games console. The question as to whether the required serious infringement of moral rights had occurred could, the BGH ruled, only be ascertained on the basis of an analysis of the entire circumstances of the specific case.
IP and Legal Filings
FEBRUARY 20, 2024
Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. Rights are crucial in today’s competitive world of celebrities competing for fame and advertising. It’s becoming more and more important to use personality advertising in the modern business world. Puttaswamy v.
Kluwer Copyright Blog
NOVEMBER 17, 2021
This first part covers the definition of a work, authorship and moral rights. Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Moral rights (Sections 12-14 UrhG). 4] BGH, 11 May 2017, Die Höhner, GRUR-RR 2018, 61. [5]
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