Registration Process for Copyright in India
INTRODUCTION In India, the pathway to register a copyright is simply laid out, but it contains a number of steps to follow. The fact that copyright protection is automatically granted upon the creation of a piece of work does not mean that formal registration isn’t important; it maintains a legal record of ownership and may … Continue reading Registration Process for Copyright in India
Read more »Digital Assets and Gameplay – Ipr in Esports
INTRODUCTION Esports appear to be a rapidly growing industry, and its market is likely to reach $2.11 billion in 2024 with their CAGR being 20.05% through 2029.[1] These include increased live streaming, higher viewership, and increased investment in respect to infrastructure and events. Despite the advancements in esports, IP is the foundation for protecting the … Continue reading Digital Assets and Gameplay – Ipr in Esports
Read more »Trademark Protection in the Pharmaceutical Industry: Insights from Mankind Pharma Limited V. Sanshiv Health Tech Private Limited
A main part of global healthcare system is the pharmaceutical industry, which calls for great procession in protecting intellectual property. By identifying one product from another, trademarks in this industry serve to both protect consumers and represent a company’s brand. The Delhi High Court’s ruling in Mankind Pharma Limited v. Sanshiv Health Tech Private Limited … Continue reading Trademark Protection in the Pharmaceutical Industry: Insights from Mankind Pharma Limited V. Sanshiv Health Tech Private Limited
Read more »Inevitable Negative Consequence of the Inevitable Disclosure Doctrine
Introduction The “Inevitable Disclosure Doctrine” often stands at the crossroads between corporate protectionism and individual rights in employment law. At least on the outset, the doctrine appears to be necessary to protect proprietary information from abuse through the movability of employees into competing companies. However, on closer inspection, it reflects an undesirable picture: the doctrine … Continue reading Inevitable Negative Consequence of the Inevitable Disclosure Doctrine
Read more »Interpreting Article 20 with Articles 7 and 8: A Holistic Approach to Patent Exceptions
INTERPRETING ARTICLE 20 WITH ARTICLE 7 AND 8 Thus, reading Article 20 in the light of Articles 7 and 8 puts particular emphasis on the balancing of legitimate needs of patent owners with rights of WTO Members for protection towards society’s interests. However, a three-step test in Canada-Patents, sidestepping balancing assessment to the third step … Continue reading Interpreting Article 20 with Articles 7 and 8: A Holistic Approach to Patent Exceptions
Read more »Balancing Patent Rights and Societal Interests: Interpreting Articles 20, 7, and 8 in Light of TRIPS
The rationale for the exception will vary with purpose for which it is granted. However, in the previous article 30, it has already been explained that these justifying reasons come from numerous sources such as Articles 7 and 8(1), the Doha Declaration and GATT 1994 and TRIPS opening declarations. Just like Article 20 does not … Continue reading Balancing Patent Rights and Societal Interests: Interpreting Articles 20, 7, and 8 in Light of TRIPS
Read more »The Mis-Connection between the Copyright Law and PMLA
Introduction The Prevention of Money-Laundering Act, 2002[1] (hereinafter “PMLA”), contains as a predicate offence,[2] the Copyright Act, 1957 (hereinafter “CA”). While the framework of PMLA does lend, and improve the funtioning of, the CA—by causing increased reputational risk; compliance improvements; and a further disincentivisation for the internalisation of infringement costs; there are notworthy concerns relating … Continue reading The Mis-Connection between the Copyright Law and PMLA
Read more »The Legal and Ethical Dimensions of Copyright Infringement
INTRODUCTION Copyright infringement is one of the most persistent problems in intellectual property law today. Because it has become easier than ever to access digital content, unauthorized use of copyrighted materials has skyrocketed exponentially in a very short period of time. Copyright infringement happens when persons use or reproduce a work without acquiring consent from … Continue reading The Legal and Ethical Dimensions of Copyright Infringement
Read more »Patents and Software Innovations: Global Perspectives
INTRODUCTION It has always been a gray area especially when it comes to relation between patents and software developments. As for the latter, there have been different solutions striving to solve the same on a worldwide level. Various nation-states, on some level, have embraced or rejected the desirability patentability of software innovations. For example, the … Continue reading Patents and Software Innovations: Global Perspectives
Read more »From Congratulatory Posts to Legal Action: How the Manu Bhaker Case Redefines Personality Rights
INTRODUCTION The recent controversy involving Indian Olympian shooter Manu Bhaker has reignited the debate over personality rights in India. After Bhaker secured two bronze medals at the Paris 2024 Olympics, several brands, including Bajaj Foods, LIC, and FIITJEE, used her images without her consent in congratulatory posts on social media. These posts, while seemingly celebratory, … Continue reading From Congratulatory Posts to Legal Action: How the Manu Bhaker Case Redefines Personality Rights
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