Delhi HC: Offering copyrighted work on unfair terms amounts to refusal by owner
In Al-Hamd Tradenation v Phonographic Performance Limited, the Delhi High Court, while addressing the issue of compulsory licensing under Section 31 of the Copyright Act, 1957, underscored that balance needs to be struck between copyright owners’ rights and public access to the copyrighted works.
Section 31...
The OpenAI case and what’s at stake for AI and copyright in India
The first legal challenge to generative artificial intelligence models in India surfaced last week when news agency ANI filed a lawsuit against OpenAI in the Delhi High Court alleging copyright infringement.
In this case, a first-of-its-kind in India, New Delhi-based ANI has accused the San Francisco-headquartered...
Mitigating liability while copyright law catches up with Artificial Intelligence
Discover how Artificial Intelligence (AI) intersects with copyright law as recent court cases and global developments shape the ongoing debate. Gain insights into how different countries, including the UK, India, the US, the EU, and Japan, navigate the authorship of AI-generated works within their copyright frameworks. Explore the fair use...
Mitigating liability while copyright law catches up with Artificial Intelligence
Discover how Artificial Intelligence (AI) intersects with copyright law as recent court cases and global developments shape the ongoing debate. Gain insights into how different countries, including the UK, India, the US, the EU, and Japan, navigate the authorship of AI-generated works within their copyright frameworks. Explore the fair use...
Patent profile of dendrimers and their applications in pharmaceuticals
Dendrimers are fascinating nano-sized hyperbranched, synthetic organic or inorganic highly ordered symmetric macromolecules with monodispersed
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What’s there in a copyright registration? – An Indian Perspective
Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright.
“Ques: Is it necessary to register a work to claim copyright?Ans: No. Acquisition of copyright is automatic and it...
K&S Partners are contributors in the second edition of ‘International Copyright Law
Copyright law in India is governed by the Indian Copyright Act 1957 (the Act), as amended from time to time.
The most recent amendments to the Act came into effect on 4 April 2021 through the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021.What can be protected?The expression ‘work’ is defined...
The Trademark and GI Battle for Kashmiri Products Must be Taken Seriously
India, being a pioneer in geographical indication protection in the region, must take the lead and be the first one in acceding to the Geneva Act, which offers protection to handicraft GIs as well.
Last month, the World Trademark Review carried a report that the Romanian IP Office (OSIM), after an initial refusal,...
A Response to the Alternate Interpretation on Permissibility of Sub-licensing under Indian Trademark Law
Last week, Kapil had written a guest post giving an alternate interpretation to the arguments in my post on the impermissibility of sub-licensing arrangements under the Trade Marks Act, 1999 (‘the TM Act’).
The main counter points by Kapil against my argument that the TM Act does not permit...