Managing IP

OCTOBER 27, 2021

Sources believe that licensing of IP and personality rights may be beneficial, but judicial and legislative solutions are needed in the longer run

IP 45

IP Personality Rights Licensing 45

The IPKat

DECEMBER 17, 2021

This post is the third and final installment in the “Africa IP Highlights 2021 series” of posts highlighting some of the key developments in IP in Africa in 2021. This post is about patents and reforms in IP policy, legislation and administration. The first 2 posts covered copyright and trade marks.

IP 92

IP Patent Intellectual Property Inventor 92

IIPRD

AUGUST 11, 2023

IP ISSUES CREATED BY THE MANGA FAN BASE Due to the growing interest of the world inMangas several rights of a manga-ka are challenged. Donjinshiisa self-published fan bookthatuses the existing manga characters violating the personality rights of the characters as was established in the famous caseof V.T. Napster, Inc.,

Art 52

Art IP Intellectual Property Copyright 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. Missed anything? No worries, we got you! Sounds “Jhakaas!”

Personality Rights 59

Personality Rights IP Licensing Copyright 59

SpicyIP

AUGUST 27, 2021

Following on from the success of last year’s inaugural edition of the Shamnad Basheer Essay Competition on IP Law, on May 14 th , 2021 we announced the 2 nd edition of the Shamnad Basheer Essay Competition on the occasion of Shamnad ‘s 45 th birth anniversary. And encouraged participants to draw inspiration from Shamnad’s scholarship.

Law 137

Law IP Editing Intellectual Property 137

The IPKat

SEPTEMBER 22, 2023

Here is what Kasim has to say: The task of writing on the subject matter of intellectual property (IP) is always an onerous one for a lot of reasons. One of such reasons is the volatility of IP law. IP law is mutably capricious in nature; it changes almost daily in its scope, scale and tenor.

Intellectual Property Law 80

Intellectual Property Law Intellectual Property Law Registration 80

SpicyIP

JULY 17, 2023

Her area of interest lies in IP and corporate law. Her area of interest lies in IP and corporate law. We also came across the Delhi High Court orders on the interplay between the Patents Act and the Competition Act, and on the inheritability of personality rights. Hope you enjoy the SpicyIP Weekly review!

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

The IPKat

SEPTEMBER 19, 2022

Unlike infringement of IP rights that do not generally require proof of resulting damages or injury, an applicant seeking specific damages for image rights infringement must prove resulting damage, injury or loss from such infringement. However, as the court noted the University did not tender this opinion in evidence.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

IP and Legal Filings

JANUARY 31, 2024

In such a situation, public disclosure of even true private facts may amount to an invasion of the right of privacy which may sometimes lead to the clash of one persons “right to be let alone” with another persons right to be informed.28. F-118/2019 is hereby set-aside.”

Privacy 87

Privacy Personality Rights Confidentiality Law 87

McBayer IP Blog

MARCH 24, 2022

More > Tags: college athletes , collegiate athletics , Intellectual Property , Name, Image, and Likeness , NCAA , personality rights. This new law opens up many doors for college athletes to benefit from their most closely held intellectual property—themselves.

Intellectual Property 96

Intellectual Property Law Personality Rights 96

Intepat

MAY 16, 2023

Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. What are Publicity Rights? However, Indian law has indirect references for the protection of publicity rights.

Branding 98

Branding Brands Branding Personality Rights 98

Intepat

DECEMBER 26, 2023

Simply Life India and Ors involving Anil Kapoor’s Personality Rights against AI in India, the case centered on the unauthorized use of Anil Kapoor’s character image and voice through AI, resulting in commercial gains for certain users. appeared first on Intepat IP.

Intellectual Property 52

Intellectual Property Invention Intellectual Property Law Personality Rights 52

IP and Legal Filings

FEBRUARY 20, 2024

ABSTRACT There has been a dramatic increase in the commercial use of celebrity personalities by people not authorized to do so compared to the earlier times. Protecting personality rights has become a growing problem in India due to deepfakes, morphed pictures, etc. Interesting right? Puttaswamy v.

Personality Rights 61

Personality Rights Privacy Social Media Intellectual Property 61

SpicyIP

AUGUST 22, 2021

In a guest post , Satchit Bhogle covered the issue of infringement of personality rights. It is noted that the test for identifying infringement of personality rights is to check whether there has been unauthorised use of identity for commercial gain and if there is a likelihood of confusion.

Personality Rights 119

Personality Rights Reporting Social Media Branding 119

The IPKat

SEPTEMBER 24, 2023

I believe that we should not monopolize information, as various IP rights do today. Information is the main fuel for technological development, which, according to the basic objectives of the treaties, IP should stimulate, not stifle ( TRIPS, Article 7 ). If someone invades your privacy, you can enforce your personality rights.

Copyright 138

Copyright Derivative Work Music Copying 138

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

These affected rights encompass personality rights, representing a distinctive form of intellectual property that transcends mere financial considerations. Personality rights, being non-inheritable and non-assignable, highlight the personal and non-transferable essence of this form of intellectual property.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

SpicyIP

SEPTEMBER 25, 2023

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Lokesh discusses the case in this short tidbit post.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

The IPKat

JANUARY 11, 2024

GI registration was granted by the French IP Office (INPI) on 1st of December 2017. In parallel, an unnamed person (‘defendant’) registered the domain name ‘porcelainefrancaisedelimoges.fr’ (‘French porcelain from Limoges.fr’). In its allegations to AFNIC, the plaintiff invoked two rights.

Registration 62

Registration Art Personality Rights Intellectual Property 62

IP and Legal Filings

MAY 23, 2023

This unique address is achieved through a set of Internet Protocol (IP) numbers, commonly known as IP addresses, which have become a primary concern for the allocation of domain names on the Internet. Domain name disputes The unique mapping between IP addresses and domain names has created an artificial scarcity of domain names.

Business 52

Business IP Registration Trademark 52

McBayer IP Blog

AUGUST 17, 2021

Posted In Intellectual Property , Name, Image, and Likeness , Publicity Rights Believe it or not, there are no federal statutes or case laws protecting your exclusive right to the use of your name, image, and likeness (NIL) or any other defining factor of your identity, such as your voice or signature.

Television 52

Television Personality Rights Intellectual Property Privacy 52

IP and Legal Filings

NOVEMBER 23, 2023

which follow and have codified legislation on publicity rights in general for sports. sports/singapore-billionaire-acquires-ronaldo-image-rights [7] Business-standard.com/sourav-ganguly-slaps-damage-suit-on-tata-tea [i] The Constitution of India, 1950, art.

Intellectual Property 95

Intellectual Property Privacy Branding Brands 95

IP and Legal Filings

APRIL 8, 2023

Celebrity IP rights versus privacy rights The media believes that it is their fundamental right to capture and publish all information about celebrities about matters of “public interest” or “public concern” that arise from the “Freedom of the Press” guaranteed by Article 19 of the Constitution.

Privacy 73

Privacy Law Intellectual Property Music 73

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Lectro E-Mobility.

IP 143

IP Intellectual Property Copyright Trademark 143

The IPKat

OCTOBER 7, 2021

Fritsch, both talented and enthusiastic former students of mine, which - while reviewing Anderson.Paak 's latest tattoo - discusses post-mortem moral rights protection and the value of a tattoo as an. advance (IP) directive. Anderson.Paak got a new tattoo- and we might have an idea why by Despoina Dimitrakopoulou, L.L.M &

Moral Rights 134

Moral Rights Art Music Copyright 134

IPilogue

DECEMBER 9, 2021

While the protection of memes remains unclear and unresolved, plaintiffs can claim copyright, trademark, and personality rights in the underlying images. While one image or video is fixed, collections are constantly changing. Is Infringement Even Possible Then? According to s.3(1)

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

SpicyIP

JULY 29, 2021

In fact, in the year 1973, efforts were made by countries supporting IP protection for typefaces to bring into existence the Vienna Agreement for the Protection of Type Faces and Their International Deposit (“Agreement”). Shivam is a recent graduate of the Banaras Hindu University, Varanasi.

Copyright 126

Copyright Artistic Work Copyright Law Fair Use 126

IPilogue

NOVEMBER 17, 2021

The court ruled that the tattoo artist did in fact own the copyright in his tattoo design; however, he was limited by the personality rights of the person he tattooed. Notably, Belgian copyright law includes a statutory right to privacy , which includes the right to control your image.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

LexBlog IP

JUNE 13, 2023

Interestingly, by applying the Cultural Heritage Code, the Court of Florence also recognized personality rights – more specifically, image rights – to the work of art by Michelangelo and to works of art in general, which Italian museums would be entitled to enforce for the cultural property they have on consignment.

Art 52

Art Personality Rights Advertising Advertising 52

SpicyIP

JULY 27, 2023

She is an IP lawyer based out of New Delhi. Previously in 2021, the plaintiff’s interim injunction application had been heard by Justice Sanjeev Narula wherein the Hon’ble Court did not deem fit to pass an injunction on the ground of descendability of publicity rights. [ This guest post is authored by Devangini Rai.

Privacy 98

Privacy Personality Rights Blogging Publishing 98

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.

IP 124

IP Copyright Trademark Intellectual Property 124

The IPKat

MAY 29, 2023

Now in its second edition, the book offers a perspective on how one can address the overlap between intellectual property (IP) rights, either to reconcile them in whole or in part, or to pre-empt one over the other. The book closes with Chapter 21 by Susy Frankel, focusing on the interactions between IP and traditional knowledge (TK).

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

SpicyIP

MAY 20, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review.

Trademark 40

Trademark Advertising Advertising Copyright 40

SpicyIP

JULY 19, 2021

She highlights that the Court refused to afford post mortem protection to personality rights of the actor. Nishtha emphasises that in determining whether the deceased possessed personality rights enforceable by his heirs, the Court based its reasoning on the intertwining between privacy and publicity rights.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

IP and Legal Filings

FEBRUARY 23, 2023

IP can be acquired, inherited, traded, or purchased. IP can be considered to be the base of knowledge-based economy. Arbitration as a means to resolve Intellectual Property disputes As IP owners and attorneys formerly tended to choose traditional, Arbitration and mediation were hardly ever used to their full capacity.

Intellectual Property 81

Intellectual Property Confidentiality Litigation IP 81

LexBlog IP

MAY 2, 2022

Personal Branding. What is Right of Publicity? Who is affected by the Right of Publicity? Personal Rights vs. Property Rights. The implications of the Right of Publicity. Personal Rights vs. Property Rights.   Table of Content.

Branding 52

Branding Brands Branding Personality Rights 52

The IPKat

NOVEMBER 26, 2022

This is a fundamental question when it comes to ensuring the effective protection of rights, including but not limited to IP rights, on the internet. It is also a question without an easy answer, given the conflicting rights and interests that come into consideration and require to be fairly balanced.

Law 142

Law Privacy IP Personality Rights 142

SpicyIP

JULY 13, 2021

Among the many grounds was the court’s refusal to afford post mortem protection to personality rights of the actor. I shall specifically be dealing with the contention around publicity rights. A general trend unraveling is that the Indian courts are hesitant to comment on the status of post mortem publicity rights.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105