SpicyIP

MAY 1, 2023

Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur. This would encourage the development of AI, in a manner that is respectful of copyright law and the human creators whose work is being used as part of training datasets. [ This Post has been authored by our former blogger Varsha Jhavar.

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IP and Legal Filings

MARCH 28, 2024

V RGV Film Factory” [4] , the court rules that a movie title’s eligibility for trademark protection depends on its acquisition of secondary meanings and uniqueness. [5] V RGV Film Factory, 138 (2007) DLT 312 [5] Dishti Titus, Movie Titles – Protected under Indian Law? Mondaq (Dec.

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The IPKat

NOVEMBER 14, 2021

moral rights. 17 CDSM compatible with EU law? The Fashion Law analyses the matter, including the decision of the first instance court and its reversion upon appeal. Is the Spanish implementation of Art. This is the question Miquel Peguera raises on Kluwer Copyright Blog, alongside his analysis of the topic.

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Blogging IP Moral Rights Artwork 113

The IPKat

NOVEMBER 21, 2021

TRADE MARKS According to Professor Barton Beebe of NYU School of Law, more than 77% of the 20,000 most common English words identically match a EUTM registration, and the remaining 23% of words have negative connotations. Global trademark and design applications boom in 2020! Is Europe running out of trade marks?

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Blogging IP Moral Rights Copyright 73

IP and Legal Filings

APRIL 19, 2023

Personality rights are divided into two categories: first, the right of publicity, which protects individuals from having their likeness or image used for commercial purposes without their consent or financial compensation. This right is similar to the use of a trademark but not the same.

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Personality Rights Privacy Moral Rights Copyright 77

LexBlog IP

AUGUST 30, 2023

1) He made this request on grounds including trademark law and unfair competition law. Applicable legal provisions The relevant law in this case was Law 2121/1993. Originality The meaning of “originality” is not generally defined by law. dishes and seasonings) as works of IP. (1)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

IP and Legal Filings

JUNE 27, 2022

PART 1: of the blog discussed about history, development, fundamentals of IPR and explained Patents and Trademarks. In order to protect the same the laws should in tandem with the pace of technology. Just like trademarks, registration for them is not mandatory, but if it is registered the protection becomes airtight.

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Intellectual Property Moral Rights Designs Design 52

IP and Legal Filings

MAY 13, 2024

Is copyright, patent, or trademark infringement applicable to AI creations or not, and who owns the material that AI platforms generate for you or your clients is still an unanswered question. Copyright law protects just the expression, not the idea itself.

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Copyright Intellectual Property Ownership Technology 86

Kluwer Copyright Blog

AUGUST 12, 2021

To that end, this blog addresses how the Egyptian copyright law (ECL) regulates intermediaries’ liability when it comes to copyright-related infringements. Overview of the Egyptian Copyright Law. In Egypt, the framework for copyright protection is set under book three of law no.82 147 ECL) and moral rights (art.

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Copyright Moral Rights Copyright Infringement Marketing 103

SpicyIP

JULY 11, 2021

He evaluates the various applicable laws to argue that a thesis is a ‘public document’, the right to access which is available to the public as a matter of public interest, as well as through fair use under Section 52 of Copyright Act and also the RTI Act. For further details, please see the announcement. Other Developments.

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LexBlog IP

JULY 17, 2023

The growing popularity of art generated by Artificial Intelligence (AI) is no longer just a question of whether it is morally right to replace human artists. These are all questions that complicate copyright laws which require that a work be original in order to be protected intellectual property. – Michael Pham

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Intellectual Property Art Artwork Moral Rights 52

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

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Intellectual Property Editing Privacy Moral Rights 89

IP and Legal Filings

OCTOBER 11, 2022

Living in an era where influential personalities are reverenced, fortifying Personality Rights from any such misuse is a must. One such avenue to safeguard such rights is through the way of Copyright and Trademark. PERSONALITY RIGHT. Relevant case law in this matter is Titan Industries Ltd.

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Personality Rights Artistic Work Trademark Copyright 52

Olartemoure Blog

MAY 13, 2022

12/05/22 – Trademarks. The individual fees will increase by between 2-6 Swiss Francs for subsequent applications or appointments of International Trademark Registrations, and between 2-3 Swiss Francs for renovations. . of the Madrid Protocol. 12/05/22 – International Trade.

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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. Statutory Law. Relevant here are Arun C. Well … not really!

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Non-Fungible Tokens Copyright Business Moral Rights 59

SpicyIP

JULY 14, 2023

That’s right, because he focused more on patents — their ever-greening, their negative social impact — where facts are your primary weapons. Although clubbed under IP, copyright is a world away from patents and trademarks, and when you talk about history, facts need to be placed in their context and perspective. Let’s dive in.

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Moral Rights Publishing Copyright Music 93

IP and Legal Filings

APRIL 26, 2023

1] The creation of a movie involves collaboration between multiple individuals including the director, actors, composer of the soundtrack, and screenwriter, but under copyright law, only the producer is considered the film’s sole creator and owner. This preference for producers in copyright law has recently been questioned.

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Copyright Music Moral Rights Ownership 52

Garrigues Blog

JUNE 29, 2023

Trying to provide effective, balanced and adequate protection of traditional cultural expressions and recognizing the intellectual property rights that local communities and indigenous peoples hold with regard to those expressions pose a real challenge in legal terms. There are a host of examples of this type of technique, including U.S.

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Intellectual Property Moral Rights Designs Design 59

43(B)log

JUNE 26, 2023

The underlying lawsuit asserted misappropriation of images and likenesses for advertising purposes under state law; violation of the Virginia business conspiracy statute; and violations of the Lanham Act for false advertising and false association. But it is generally known as the “right of publicity” as evolved from the right of privacy.

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Advertising Advertising False Advertising Intellectual Property 72

IP and Legal Filings

FEBRUARY 20, 2024

Protecting personality rights has become a growing problem in India due to deepfakes, morphed pictures, etc. In between these problems came Delhi High Court’s judgement in favour of Anil Kapoor wanting to get personality rights. Interesting right? Ramkumar Jewellers [6] , the court seems to have utilised Section 17(b).

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Personality Rights Privacy Social Media Intellectual Property 62

The IPKat

SEPTEMBER 30, 2022

Marco Ricolfi (who, besides, was also this GuestKat's esteemed professor) gave a learned lecture with many references also from the philosophy of law entitled “ IP in the algorithmic society: between metamorphosis and continuity ”. Perhaps, says Ricolfi, one might think Joseph Schumpeter was right: large oligopolies do not need IP.

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Reporting Copyright Intellectual Property Moral Rights 91

Velocity of Content

MARCH 16, 2023

Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law. The Defendant argues (1) that breach of contract (essentially downloading in violation of the terms and conditions) is preempted by copyright law, and (2) that the copying was fair use.

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43(B)log

AUGUST 11, 2022

What does this have to do with law? The other dating sites offered affordances; on the facts alleged in Roommates, the site required selection within regulated categories, thus forcing people to select descriptors the law didn’t allow them to select, which was attributable to the site because the site decided what was mandatory.

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Ownership Moral Rights Copyright Branding 80

SpicyIP

JULY 23, 2023

Abhijeet is a fourth-year law student at Hidayatullah National Law University, Raipur, and is interested in the intersection of TMT and IP sectors. Delhi High Court opines that visual distinctiveness may not be of much relevance while examining aspects of trademark infringement Zenith Dance Institute Pvt.

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Trademark IP Higher Education Moral Rights 98

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. Another judgement pertaining to personality rights was passed by the Delhi High Court on July 11, in Krishna Kishore Singh v. Bolt Technology v. First, in Toyota v.

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IP Copyright Trademark Intellectual Property 124

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

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Ownership Copyright Fair Use Intellectual Property 52

IP and Legal Filings

MARCH 1, 2022

It is however pertinent to take note of the fact that apart from international law, it is important for the nation states to intervene and enforce intellectual property related laws and especially address those issues that are local to the region. The said legislation does protect and promise remedies to the Maasai on national level.

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Intellectual Property Branding Brands Branding 68

SpicyIP

DECEMBER 20, 2023

The issue has often arisen in the context of protecting confidential information through copyright law. Basheer’s two larger-than-law type posts: The Seed(y) Saga and Pest Policy. Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights. For a more specific discussion, see Prof.

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Personality Rights IP Licensing Copyright 59

IIPRD

JANUARY 29, 2023

The creator was vague in terms of rights that they will keep in terms of moral rights or was it an implied license as terms were not clearly stated though there was a transaction. The law doesn’t specify 3D or 2D characters as copyrightable, but they can be covered under artistic works as per Section 13 of the Copyright Act.

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IP Artwork Contracts Intellectual Property 52

LexBlog IP

AUGUST 31, 2022

Needing A Good Laugh : Humor’s Place In Law & Society. Sullivan: No Joking Matter-50 Years Of Protecting Humor, Satire And Jokers ,” 12 First Amendment Law Review 497 (2014) (quoting Gerald C. Law Ain’t No Joke : Starting To Look Seriously At Humor As An Element Of Proofs In Legal Cases.

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Fair Use Trademark Moral Rights Law 52

LexBlog IP

MAY 18, 2022

” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. .” ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law.

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Designs Design Copyright Artistic Work 52

LexBlog IP

DECEMBER 19, 2022

Also in light of such technical considerations, the decision by the Barcelona Court reveals itself as one of the most interesting among those first judgements – on a global stage – that, although still raw, are the first bricks in a wall of rules and case law that is being slowly built.

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Copyright Due Diligence Moral Rights Social Media 52

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. LAW AND ECONOMICS. Trademark, another form of intellectual property, is threatened by genericide and derivative use because such uses may dispossess the rights holder of their entitlement. 277 (2020). [iv] iv] Maxwell L.

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Copyright Infringement Copyright Intellectual Property Blogging 98

SpicyIP

JULY 13, 2021

student at the NALSAR University of Law, Hyderabad. However, it needs to be pointed out that the court has explicitly mentioned in the order that “celebrity rights is a bundle of rights comprising of Intellectual Property rights and privacy rights.” Nishtha is a 4th year B.A. Nishtha Gupta.

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Privacy Personality Rights Moral Rights Copyright 105

IIPRD

JUNE 6, 2022

It takes the shape of stories, songs, folklore, proverbs, cultural values, beliefs, customs, community laws, the local language, and agricultural techniques, including the propagation of plant and animal species. This is accomplished by utilizing either the current laws or legislative procedures to enact new laws of their own kind.

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