IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Introducing the College of Patent Agents & Trademark Agents. On June 28, 2021 , the College of Patent Agents and Trademark Agents Act came into force. Trademark Law.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

SpicyIP

MARCH 13, 2023

ChatGPT and the Underlying Copyright Malady Can the output(s) generated by ChatGPT be protected under copyright law? Who is the owner of the underlying copyright (if any) the coder? Patent office refuses review petition of Sun Pharma for its anti-dengue botanical drug. The author of the input?

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

LexBlog IP

JULY 17, 2023

These are all questions that complicate copyright laws which require that a work be original in order to be protected intellectual property. Authorship Attributing authorship is essential to determining who has legal rights to the intellectual property in question and who is entitled to copyright protections.

Intellectual Property 52

Intellectual Property Art Artwork Moral Rights 52

SpicyIP

OCTOBER 27, 2023

These unethical UI/UX interactions mislead users to perform actions they don’t want, benefiting the company or platform. Forced action is when a company forces consumers to take an action they wouldn’t otherwise, such as signing up for ancillary services or products. Example: ‘No thanks, I hate saving money’ 5.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Trademarks: Trademarks safeguard brand names, logos, symbols, or phrases that distinguish a startup’s products or services from competitors’ Registering a trademark ensures exclusive usage and prevents others from causing confusion among consumers.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning). Case 1- Doe 1 v. GitHub Inc.,

Litigation 98

Litigation Fair Use Copying Derivative Work 98

SpicyIP

NOVEMBER 26, 2023

Glaxo Group Limited vs Naresh Kumar Goyal, Trading on 22 November, 2023 (Delhi High Court) In this case a rectification petition was filed simultaneously with the suit alleging trademark infringement and the defendant took a defence of registration of the impugned mark in the written submission. Filo Edtech Inc vs Union Of India & Anr.

Trademark 59

Trademark Registration Invention Social Media 59

SpicyIP

MARCH 10, 2023

It is capable of writing articles, translating, summarizing and answering follow-up questions and can also create content that can be protected under copyright law. Thus, it seems that no one can be the author (or a co-author or owner) for an AI-generated work under Indian law.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

Technology & Marketing Law Blog

JANUARY 3, 2023

The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto : Some of the accused products likely infringe plaintiff’s trademarks or copyrights, but the court is not persuaded that the accused products depicted in every submitted screenshot infringe.

Copyright 92

Copyright Social Media Copyright Infringement Publishing 92

TorrentFreak

AUGUST 2, 2023

A Bungie-compiled list of online aliases, including PRAGMATICTAX, NOVA, J3STER and CYPHER, are the latest individuals to face legal action for developing, marketing, selling, and providing customer support for, tools that enable cheating in the blockbuster online game, Destiny 2. Other defendants made poor choices too.

Copyright Infringement 80

Copyright Infringement Contracts Copyright Business 80

Copyright Lately

MARCH 13, 2024

copyright registration limits the claimed authorship in the game to “computer program code and text of instructions.” ” This omission is important, because, per Copyright Office policy, the information provided in a copyright application defines the claim being registered. Inbounds or overreach?

Social Media 97

Social Media Copyright Registration Copying 97

SpicyIP

FEBRUARY 27, 2024

We have already traversed through Junes , Julys , Augusts , Septembers , Octobers , Novembers , Decembers , and shared some stories like Rahul Cherian’s Legacy, 2010’s International Efforts on Pandemics, Corruption in IP Offices, Law Making via Leaked Documents, etc. Relevant here are Arun C.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

LexBlog IP

MARCH 22, 2023

Several recent, high-profile lawsuits raise the issue of whether such training algorithms violate copyright law’s restrictions on creating derivative works without the creators’ consent. Two Recent GAI Cases Two recent cases highlight potential copyright issues implicated in the use of GAI tools. Andersen et al.

Derivative Work 59

Derivative Work Copyright Fair Use Copyright Law 59

SpicyIP

JULY 5, 2021

Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes. In this guest post , Rounak Doshi discusses the position of law on arbitrability of trademark disputes in light of the Delhi High Court’s recent decision in Golden Tobie Private Ltd. Golden Tobacco Ltd. Thematic Highlight. Image from here. & Anr.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Through mechanisms like patents, copyrights, and trademarks, the Intellectual Property Rights (IPR) framework ensures creator recognition and rewards while fostering an environment conducive to creativity and progress. As per the definition, the computer program comes under copyright law.

Intellectual Property 56

Intellectual Property Invention Artistic Work Copyright 56

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s a similar copyright registration for this site.

False Advertising 72

False Advertising Ownership Registration Designs 72

IIPRD

NOVEMBER 14, 2023

Both the e-platforms and sellers have to take initiatives wherein the sellers need to register their products for trademark, copyrights and patents while the platforms have to exercise strict no-tolerance policy in case of infringements. 4Published by : Indian Law Institute Stable URL : [link] , 28 497 (1986).

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

SpicyIP

AUGUST 2, 2021

Starting off with the copyright exceptions, she writes about how the Standing Committee Report views the exception to infringement under Section 52 as widely scoped and detrimental to the publishing industry and authors. July 26, 2021]. The Madras High Court in Praba’s V Care Health Clinic v. July 29, 2021]. July 29, 2021]. News from India.

Reporting 116

Reporting Designs Design Copyright 116

SpicyIP

JUNE 19, 2022

In a way, rights consciously or subconsciously dominate our current understanding of permissibility and justness; give structure to the form of government-citizen relationships; shape the content of laws, and for some, justify the morality or ethics of actions. what action, object etc. morality, law, custom etc.),

IP 119

IP Fair Use Invention Copyright 119

Intepat

NOVEMBER 20, 2023

In this article, we delve into the intricacies of these advantages and explore the requisite documentation necessary for the effective registration of copyrights. What is Registered Copyright? How is it different from Unregistered Copyright? The Copyright Registration application is accessible via the Copyright Office.

Registration 52

Registration Copyright Ownership Public Domain 52

SpicyIP

DECEMBER 20, 2023

Kurian’s trail of transparency, Statements of Patent (Non-)Working, Corruption in IP Offices, Serial Crisis in India, the Indian “Bayh Dole” Bill, etc. Spadika Jayaraj discussed a case where the Delhi High Court dismissed a suit by a media house accusing copyright infringement on its database of users. Missed anything?

Personality Rights 59

Personality Rights IP Licensing Copyright 59

IP Tech Blog

JULY 27, 2021

The trend set by the Shenzhen AMR may now expand to local administrative enforcers in other cities and provinces and could revolutionize the way certain IP rights, including design, patent and copyright, have been so far enforced. The First Case in Shenzhen.

Designs 57

Designs Design Copyright Design Patent 57

LexBlog IP

JULY 27, 2021

The trend set by the Shenzhen AMR may now expand to local administrative enforcers in other cities and provinces and could revolutionize the way certain IP rights, including design, patent and copyright, have been so far enforced. The First Case in Shenzhen.

Designs 52

Designs Design Copyright Intellectual Property 52

Copyright Lately

AUGUST 2, 2022

Multiple times throughout June and July 2022, Netflix informed Barlow & Bear’s lawyers that their July 26 performance wasn’t authorized and would give rise to claims for willful copyright and trademark infringement unless they negotiated a license—which Netflix was willing to do. Netflix disagrees.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

Kashishipr

AUGUST 2, 2021

Thus, the IP rights holders must monitor and take suitable and timely action against the imports that can possibly be infringing on their Intellectual Property Rights (IPRs). . Hard copies of the documents uploaded in the online application are sent along with the UTRN to the Customs Office.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

TorrentFreak

APRIL 26, 2024

Each year the Office of the United States Trade Representative ( USTR ) publishes a new update of its Special 301 Report, highlighting countries that fail to live up to U.S copyright protection standards. copyright holders. The reported issues range from high levels of online piracy to problems with trademark protection.

Reporting 87

Reporting Government Copyright Publishing 87

SpicyIP

JULY 22, 2023

Consequently, on page 91, it designates ‘intellectual property’ as one of the areas wherein governmental action is required and recommends setting up a task force, comprising jointly of Ministry of Corporate Affairs and DIPP, to examine and issue appropriate modifications to the IP regulatory regime pertaining to AI.

IP 98

IP Intellectual Property Reporting Government 98

Technology & Marketing Law Blog

JANUARY 12, 2024

Instead of asserting copyright and trademark claims, they tried trespass to chattels. Plaintiffs’ possessory interest is thus entirely dependent on actions taken by an individual user unassociated with Plaintiffs or their websites. Under prevailing law, that question isn’t as ridiculous as it might sound.

Copying 74

Copying Ownership Derivative Work Contracts 74

SpicyIP

DECEMBER 17, 2023

Delhi High Court Comes Down Heavily on the Patent Office for Delay in Passing the Order Image by Freepik DHC comes down on the Patent Office for a four-year delay in issuing an order. US Copyright Office says no to “RAGHAV”s work, even as the same work remains registered as a copyright in India.

IP 59

IP Trademark Advertising Advertising 59

Kluwer Copyright Blog

NOVEMBER 8, 2021

Top 3 Kluwer Copyright Blog posts. 1) The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part II by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó. In this Part II we discuss copyright law aspects of NFTs, with a focus on the EU copyright acquis.”

Blogging 52

Blogging Non-Fungible Tokens Law IP 52

IP and Legal Filings

JANUARY 22, 2024

Development of Copyright Law Protection of Intellectual property rights has always been in existence among various sections of the society. The first codified statute dealing with copyright protection of printed books dates back to 1710, known as British Statute of Anne.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

SpicyIP

JANUARY 8, 2024

Wrapping up the first week of 2024, here is a brief recap of our hard-hitting post on TKDL, the detailed comments on the draft Calcutta High Court IPR Division Rules, and an informative take on scandalous and obscene trademark prosecution in India. Copyright Bill, 1955: the Best Copyright Law that India Never Had Image by Shivam.

Trademark 59

Trademark Registering Trademarks Public Domain Registration 59

Intepat

NOVEMBER 2, 2023

The country has witnessed a substantial increase in patent and trademark filings, aiming to elevate its IP office to a prominent global position. Pandit He emphasized India’s excellent IP journey, highlighting a 36% increase in IP filings, as well as a significant increase in patents, design registrations, and trademarks.

Intellectual Property 52

Intellectual Property IP Higher Education Technology 52

Kashishipr

AUGUST 4, 2021

The presence of cryptocurrency is constantly growing, and therefore, it needs the law to transform along with it to address its administration and execution. Several courts have had trouble in applying substantive Trademark Law to this field of technology. Can Cryptocurrencies be Protected under the Trademark Law?

Trademark 105

Trademark Trademark Law Intellectual Property Ownership 105

Technology & Marketing Law Blog

JUNE 11, 2022

Apple also seeks summary judgment on whether it can be held liable for copyright infringement for “making available”—as opposed to actually selling—the compositions. Although courts have divided on this issue, I conclude that the copyright laws support this theory of liability on the facts of this case.

Copyright 110

Copyright Copying Copyright Infringement Copyright Law 110

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Controller of Patents & Designs Patent Office Mumbai. The judgement was passed by a Division Bench of Justice Manmohan and Justice Saurabh Banerjee.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. The case clarifies that the bar on arbitrability of trademark disputes is not an absolute one. Golden Tobacco Ltd [Delhi High Court].

IP 143

IP Intellectual Property Copyright Trademark 143