article thumbnail

Section 60 of the Copyright Act: Finally, Some Answers(?)

SpicyIP

The safeguard against groundless threats alleging copyright infringement in Section 60 suffers from a lack of clarity around some of its key terms like “due diligence”, “groundless” and “prosecution” One decision that attempts to address this lacuna is the Bombay High Court’s decision in Manya Vejju v.

article thumbnail

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Claims under copyright law. In Germany, in the case of copyright infringements, Section 97(1) and (2) UrhG provides for claims to be asserted for injunctive relief and damages. Injunctive relief (Section 97(1) UrhG) and cease and desist agreements.

article thumbnail

“For Sale: This Article”: an overview of non-fungible tokens (NFTs) and IP

IP Whiteboard

In Australia, the rights protected by copyright arise automatically upon the creation of a work and there is no need or ability to obtain a registration for copyright. By contrast, in the United States, registration of copyright is a prerequisite to filing a lawsuit for copyright infringement.