IP and Legal Filings

APRIL 18, 2023

Section 2(1)(s) includes the government as well apart from other ‘natural persons’ although it did not define the term ‘person’ with clarity. 5] Such a ‘personality’ entails a right to sue or be sued by another entity which an AI lacks. A person can have the moral right may not have the legal right in the invention.

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Inventor Moral Rights Patent Invention 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. Although India now has the Digital Personal Data Protection Act 2023 , it doesn’t provide IP protection to databases. However, the Government later withdrew these guidelines.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

LexBlog IP

FEBRUARY 21, 2024

Therefore, the legal regulations which govern the prerogatives that the creator has concerning the protected work are supported on the premise that the creator is a human being, who has expressed and portrayed, in a tangible fashion, his or her idea or mental creation.

Copyright 52

Copyright Copyright Law Moral Rights Law 52

IP and Legal Filings

DECEMBER 6, 2022

Besides, it is pertinent to note that in order for a music to be copyrighted under the governing act in India, it has to be in tangible form as the most basic requirement. Right to communicate the work to the public. The Indonesian copyright regime is governed by its Copyright Act of 2014 (‘Act’). LEGISLATION IN INDONESIA.

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Music Copyright Copyright Infringement Moral Rights 79

IP and Legal Filings

MARCH 1, 2022

The Protection of Traditional Knowledge and Cultural Expressions Act (PTKCEA), 2016 passed by the Kenyan government elaborated categorically upon the IP rights of traditional communities. Section 21(2) (c) of the Act confers the right not to have TK and cultural expressions subject to derogatory treatment.

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Intellectual Property Branding Brands Branding 70

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. Then, Arundathi Venkataraman discussed the topic using the case of Garcia v.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

Intepat

OCTOBER 7, 2022

As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Designing and creation must be safeguarded by various kinds of intellectual property rights (IPR) since they are fundamental elements of this creative skill. appeared first on Intepat IP.

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Intellectual Property Designs Design Artwork 59

Intepat

OCTOBER 7, 2022

As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Designing and creation must be safeguarded by various kinds of intellectual property rights (IPR) since they are fundamental elements of this creative skill. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

SpicyIP

JULY 23, 2023

Last week we published a literature review cum blog post on Artificial Intelligence and IP. Abhijeet is a fourth-year law student at Hidayatullah National Law University, Raipur, and is interested in the intersection of TMT and IP sectors. Anything important we’re missing out on?

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Trademark IP Higher Education Moral Rights 98

The IPKat

MAY 22, 2023

With the sudden popularity and accessibility of AI systems such as Open AI’s ChatGPT, there has been a lot of attention regarding the regulation and governance of the industry. The government did then appear to backtrack in February, with science minister George Freeman saying it would not take the exception forward.

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Music Intellectual Property Copyright Technology 82

Kluwer Copyright Blog

NOVEMBER 24, 2022

UK Government National Curriculum ). Rather, it focuses on the just safeguards that should exist around the exploitation of those works, both in relation to economic and moral rights. The analysis of authorship in the early years provides the opportunity to appreciate creativity in its elemental manifestations.

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Copyright Intellectual Property Moral Rights Ownership 95

IP and Legal Filings

OCTOBER 11, 2022

The performer is abetted with the right to claim damages in case his performance is distorted, mutilated, or modified in a manner prejudicial to his reputation. Performers right provided under the Copyright Act encompasses special rights, exclusive rights, and moral rights.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

IIPRD

JUNE 6, 2022

Different communities have their own traditional or customary laws governing the use of traditional knowledge, which may differ significantly from their national or international system of intellectual property rights. However, there are laws pertaining to Traditional Knowledgein other IP statutes. The Patent Act, 1970.

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Intellectual Property Invention Copyright Patent 40

SpicyIP

MAY 1, 2023

After making an argument for the need of regulating AI from an IP perspective in Part I , Part II of the post focuses on the different aspects which can be regulated to develop a responsible and ethical AI. Licensing of training datasets The licensing of datasets – for the concerned rights under Sec.

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IP Licensing Fair Use Moral Rights 129

LexBlog IP

AUGUST 8, 2021

4] The Commissioner held that the Patents Act 1990 (Cth) (the Act ) and, by extension, subordinate regulations governing the formalities of patent applications, were inconsistent with an AI machine being named as the inventor, which was required to be a human person. [5] Where to from here?

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Inventor Patent Patent Application Invention 52

IPilogue

DECEMBER 1, 2022

On November 9, IP Osgoode, Reichman University and Microsoft hosted the first in-person Bracing for Impact Conference since 2019. Justice Rothstein offered a Canadian perspective on how our moral rights framework would line up with Dean Zemer’s approach. Photo by Buda Photography.

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Moral Rights Ownership Artwork Intellectual Property 65

The IPKat

SEPTEMBER 12, 2022

This is the first in-person Congress since London hosted in 2019, so it was only apt that the first panel session was on the topic of IP and Covid-19. Is IP to blame for access to Covid-19 vaccines? Eric Solwy (Partner, Sidley Austin) said that the role of IP is not a theoretical question in developing and incentivizing technology.

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Reporting IP Contracts Licensing 91

The IPKat

JANUARY 24, 2023

In the EU the very concept of an ‘orphan work’ and limitations on economic rights are envisaged in the EU Orphan Works Directive [Katposts here ] which Ukraine implements. The new law provides that a special procedure for recognition and loss of the orphan work status lies with the Ukrainian government. No moral rights apply to CGOs.

Related Rights 145

Related Rights Law Copyright Moral Rights 145

SpicyIP

JULY 11, 2021

IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division. Basheer’s arguments several years ago, when he advocated for specialised IP benches in High courts as opposed to an inept IPAB with limited powers. Justice Prabha Sridevan, who underscored the importance of public interest in IP matters.

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Moral Rights Journalism Licensing IP 105

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. The decisions in the second category, i.e., Top 10 IP Cases/Judgements (Jurisprudence/Legal Lucidity) reflect those that we thought showed a fair bit of jurisprudential rigour and/or legal lucidity. Nataraj, Ms.

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IP Copyright Trademark Intellectual Property 124

IP and Legal Filings

JANUARY 23, 2023

IP owners must plan and safeguard their unique creation from any prospective infringements because NFTs have a distinguishing trait. [ii] NFTs are governed by smart contracts, which divide ownership and limit transferability. vii] NFTs are prone to “copyfraud” and other violations of the moral rights of the inventor.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 79

The IPKat

NOVEMBER 1, 2022

Part two, AI-IP Theory , Gaon devotes four chapters to considering whether IP theories can support IP protection for AI. In particular, by considering how and when IP protection for computer programs evolved. the programmer, the user, or the AI itself). However, the parameters of this exception are not yet decided.

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Copyright Moral Rights IP Privacy 98

IP and Legal Filings

JANUARY 22, 2024

The Statute of Anne marked the beginning of copyright protection in the United Kingdom, whereas in France, the first statute granting copyright protection was enacted after the French Revolution known as the Declaration of the Rights of the Genius in 1793, which gave authors protection for ten years (Moh. Zafar Mahfooz Nomani, 2023).

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

IP and Legal Filings

NOVEMBER 10, 2022

The Copyright Act is the primary intellectual property law governing copyright protection in Singapore. Creators who obtain intellectual property protection for these works receive legal, economic, and moral rights over them. Originality simply means that there is a degree of independent effort in the creation of the work.

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Copyright Intellectual Property Registration Copyright Infringement 75

Kluwer Copyright Blog

OCTOBER 19, 2022

The German legislator has provided for the compulsory application of its provisions concerning fair remuneration, the contract adjustment mechanism, the reporting obligations and alternative dispute resolution under the following conditions: if the contract would be governed by German law in the absence of choice of law and/or.

Contracts 52

Contracts Law Copyright Intellectual Property 52

Kluwer Copyright Blog

OCTOBER 17, 2022

The law of the country selected in a choice of law clause (indicated as the lex contractus ) governs issues of contract interpretation, performance and (consequences of) termination (Article 12 Rome I Regulation ). As a result, the general conflict of laws rule for IP rights applies.

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Contracts Law Copyright Moral Rights 52

IP and Legal Filings

FEBRUARY 20, 2024

Interesting right? Let’s give you some insights as to What constitutes such infringement, what can be done against this, and the relevant laws governing such situations . PERSONALITY RIGHTS In this day and age of endorsement deals and tabloid speculations, it is crucial for celebrities to protect their rights and reputations.

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Personality Rights Privacy Social Media Intellectual Property 63

LexBlog IP

AUGUST 31, 2022

‘Humor is an important medium of legitimate expression and central to the well-being of individuals, society, and their government. ” Although the CJEU never mentioned the phrase ‘moral rights’ in its ruling, paragraph 31 might be read as referring to them.”). ’ Robert D.

Fair Use 52

Fair Use Trademark Moral Rights Law 52

The IPKat

MAY 25, 2022

As IP aficionados, many readers of this blog will have strong views about the proper scope of copyright law. Given the dispute’s employment law context, it received limited attention from IP academics ( with some exception ). The adherents of this new religion believe in IP”.

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Copyright Moral Rights Intellectual Property Intellectual Property Law 94

43(B)log

APRIL 7, 2023

The Global Internet and Its Workable, Bespoke, Patchwork Regulation Justin Hughes, Loyola University Los Angeles John Perry Barlow’s Declaration of Independence of Cyberspace: a full repudiation of the lack of gov’t authority or moral right to rule cyberspace. Governments might also find much to envy in DSA.

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Art Copyright Settlement Moral Rights 45