Biswajit Sarkar Copyright Blog

SEPTEMBER 18, 2023

A design is that aspect of a product that constitutes its ornamental or visual features. An Industrial Design (ID) may be deemed as a process of designing a product that focuses on the functionality and manufacturability of the product apart from just the appearance of it. HOW IS AI RESTRUCTURING THE INDUSTRIAL DESIGN MARKET?

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LexBlog IP

MAY 18, 2022

8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” 2D designs and texts on a product or packaging may be protected as written, pictorial, photographic, and graphic works, or even works of fine art, depending on the nature of the design elements.

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IP and Legal Filings

JULY 13, 2022

However, it is also important to assess the position of copyright protection offered to fashion designers specifically and the scope of the same. However, even then, the degree of novelty required in work was not so low as to allow everyone to get copyright protection for their artistic work. Copyright Act or Design Act?

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Copyright Artistic Work Designs Design 68

LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work. Varsity Brands, Inc.,

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Designs Design Copyright Artistic Work 52

Kashishipr

AUGUST 25, 2021

Ares Design, an Italian car manufacturer, filed a cancellation action against Ferrari’s mark by arguing that it had not been used for a continuous five-year period. The shape was once eligible for protection as a registered design, but designs can only last for a maximum term of 25 years in the EU.

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LexBlog IP

FEBRUARY 26, 2024

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk.

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IP and Legal Filings

JUNE 27, 2022

PART 2: of the blog gives a detail about Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. Broad classification of ‘works’ which are protected by copyright are-. Original literary, dramatic, musical, and artistic works.

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Intellectual Property Moral Rights Designs Design 52

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. Since fashion designers, textile manufactures, apparel companies and artists produce creations of the human intellect, Intellectual Property Rights play a significant role in the fashion industry.

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Designs Design Artistic Work Branding 73

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

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The IPKat

FEBRUARY 17, 2022

The application stated that the Work had been autonomously created by a computer algorithm running on a machine. Registration was sought as a work-for-hire to the owner of the Creativity Machine. In 2019, the Copyright Office rejected the application, holding that human authorship is necessary to support a copyright claim.

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Copyright Artistic Work Copyright Law Contracts 145

LexBlog IP

MARCH 9, 2023

In the lawsuit, Hermès alleged that defendant Mason Rothschild’s MetaBirkins NFTs infringed and diluted Hermès’ trademark rights in the Birkin word mark and design. Rothschild asserted that, due to the artistic nature of his NFTs, all of Hermès’ claims were barred by the First Amendment. ” ( Id.

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Litigation Artistic Work Branding Brands 52

IPilogue

DECEMBER 13, 2021

With tech becoming ever more sophisticated, users can now opt to express themselves with filters that seamlessly blend vibrant eyeshadow or sparkly lipstick designs (among many others!) 5(1) of the Copyright Act , copyrights subsist in artistic works such as photographs or paintings. to their face. Spoiler alert, it depends.

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Social Media Intellectual Property Copyright Designs 111

Corsearch

SEPTEMBER 28, 2023

Intellectual property rights are defined as legal rights that protect the ownership of artistic, literary, and other creative works. You should prepare links and screenshots as evidence for your claims of copyright, or trademark, patent, or design right infringement on Alibaba.

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Branding Brands Branding Intellectual Property 59

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. Trademark Registration.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

IIPRD

MARCH 4, 2024

This right can be related to music, a book, a logo, any art work, work related to science, designs of the industries. Work related to art or any rights which is related to literary, artistic, or scientific related matters. It is basically giving a right to the original creator, so that no one uses that work.

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Intellectual Property Invention Trademark Copying 98

IP and Legal Filings

OCTOBER 30, 2022

trademark and patent registrations will not protect rights holders’ IP in the Philippines. Granting patents registrations is generally based on a first-to-file (or first-to-invent, depending on the country) basis. A certificate of registration may be defeated by evidence of prior use of the mark by another person. Conclusion.

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The IPKat

MAY 2, 2023

Copyright The Court also established that Lidl’s mark was protected by copyright as an original artistic work under Section 4 of the Copyright, Designs and Patents Act 1988. Tesco also claimed that Lidl had applied to register the latter as a trade mark in bad faith.

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Artistic Work Registration Copyright Copyright Infringement 91

IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. communicate the work to the public. a work of ‘artistic craftsmanship’.

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Moral Rights Copyright Artistic Work Artwork 52

IP and Legal Filings

NOVEMBER 11, 2022

Copyright protects the producers of any original work, and is relevant to almost all businesses, not just those in the creative industry. Businesses regularly create articles, photographs, drawings, designs, models, websites, computer software, etc., Copyright is an automatic right that arises the moment a work is created.

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Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2021

Computer-aided design (CAD) files are the most common type of digital file. A diagram, map, chart, or plan, an engraving, photograph, a work of architecture, or any other work of creative workmanship is defined as an artistic work under Section 2(c) of the Copyright Act.

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Intellectual Property Designs Design Artistic Work 52

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of IP most often associated with artistic works like fine art, movies, or books. Trademark Registration. Your Copy-Rights.

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Intellectual Property IP Invention Designs 52

The IPKat

SEPTEMBER 29, 2022

Roberto Pardolesi gave a talk that focused on the antithesis between the two possible visions of copyright, one more inclined to see the works of art as a tradeable good, the other that mainly sees the protection of authorship as the main purpose of copyright.

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Reporting Copyright Intellectual Property Artistic Work 82

Kluwer Copyright Blog

OCTOBER 30, 2023

On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”. Trade mark infringement Lidl relied on various registrations for each of: the Mark with Text, and the Wordless Mark. The judgment focused on the Mark with Text.

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Copyright Copying Branding Brands 60

SpicyIP

AUGUST 2, 2021

India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts. In a guest post , Yashi Agrawal writes about India’s recent accession to the Locarno Agreement and its implications for India’s design laws. Fonts and Typefaces: Are they Copyrightable? Fonts and Typefaces: Are they Copyrightable?

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Reporting Designs Design Copyright 116

IIPRD

JUNE 14, 2021

Piracy and Fashion Design. Knock-offs: Knockoffs are intended to replicate the original design nearly line for line but with another designer’s name attached. Further, in a world that is so techno-friendly, numerous stores with replicable designs and at throwaway prices, are available at just a “one-click” of the consumer.

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Intellectual Property Artistic Work Designs Design 40

IP Tech Blog

JULY 12, 2023

The USCO rejected Kashtanova’s application to the extent it covered the images of the comic book (as opposed to the text) on the basis that AI-generated portions of the work lack the “human authorship” required to gain copyright protection in the USA.

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Copyright Intellectual Property Artistic Work Technology 97

SpicyIP

MARCH 11, 2024

Calm Water Therapeutics Llc vs The Assistant Controller Of Patents And Designs on 28 February, 2024 (Delhi High Court) The appeal challenged the rejection of a patent application for a “Bi-Functional Co-Polymer” by the Assistant Controller of Patents. Third, the evidence of the plaintiff’s use of the mark from 1989 are fabricated.

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Trademark Registration Copyright Patent 59

IP and Legal Filings

MARCH 30, 2024

Ethical considerations regarding the creation of artistic works have been a persistent source of dispute over the course of human history. The integration of technology within the domain of art design has provided artists with unprecedented possibilities to conceptualise and implement interactive and immersive experiences.

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Ownership Copyright Law Copyright Law 52

IP and Legal Filings

MARCH 29, 2022

The Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886 both acknowledged the significance of the intellectual property. The World Intellectual Property Organization administers both accords (WIPO).”. Image Source: gettyimage].

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Intellectual Property Intellectual Property Law Artistic Work IP 52

Kashishipr

JULY 27, 2022

In simple terms, it pertains to the original creations of the human intellect, including inventions, symbols, designs, artistic works, literary works, and so on. Now let us define IPRs. They refer to the exclusive and legal rights safeguarding the unique creations of the human intellect for a specific period.

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Intellectual Property Artistic Work IP Marketing 52

Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. ChatGPT , Smodin ), to perform music (i.e.,

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Copyright Art Copyright Law Licensing 124

Traverse Legal Blog

OCTOBER 20, 2022

Intellectual property or IP is a creative work or invention that one holds rights to. Manuscripts, designs and art can all be classified as intellectual property. Non- fungible tokens have been designed to give a person ownership of something, kind of like modern day digital collectibles. What is Intellectual Property?

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

IIPRD

OCTOBER 17, 2022

These trademark applications consist of Nike’s logo “just do it” and air Jordan designs. the plaintiff opened an art gallery in the virtual game world with the assistance of Second life, called “SLART” and obtained a trademark registration. This right is given to literary and artistic work like music, etc.

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IP Non-Fungible Tokens Intellectual Property Trademark 52

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Introduction Software refers to a compilation of instructions, data, or programs designed to operate machinery and execute specific tasks. Article 27 of the Universal Declaration of Human Rights (UDHR) establishes the entitlement to enjoy the protection of moral and material interests arising from scientific, literary, or artistic creations.

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Intellectual Property Invention Artistic Work Copyright 56

LexBlog IP

JULY 12, 2023

The USCO rejected Kashtanova’s application to the extent it covered the images of the comic book (as opposed to the text) on the basis that AI-generated portions of the work lack the “human authorship” required to gain copyright protection in the USA.

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Copyright Intellectual Property Artistic Work Government 52

Intepat

JUNE 15, 2023

Copyright is a form of intellectual property law designed to safeguard original works of authorship including literary, dramatic, and artistic works such as computer software, novels, architecture etc. In the context of the Copyright Act, computer software is categorized as a ‘literary work’.

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Copyright Intellectual Property Ownership Intellectual Property Law 52

IP and Legal Filings

APRIL 24, 2023

The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. It protects the visual design of objects that are not purely utilitarian. Designs are registered in different classes as per the Locarno Agreement. These classes are mainly function oriented.

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