Functionality Test Adapted by the Commercial Court for Distinguishing Copyright Protections from Design Registrations
In the matter of Cryogas Equipment Private Limited and LNG Express India Private Limited v. Inox India Limited and Others, the Commercial Court of Vadodara, Gujarat, applied a two-pronged approach to determine whether a work is qualified to be registered under the Copyright Act or the Designs Act based on the directions from the Supreme Court of...
Art versus functional utility – the intersection of copyright and design laws
In an appeal (Cryogas Equipment Private Limited v Inox India Limited & LNG India Private Limited v Inox India Limited) arising from a common judgement of the Gujarat High Court in two suits filed by Inox India Limited (Inox), the Supreme Court of India addressed the complex issue of overlap between copyrightable artistic works and...
Beyond Boundaries – A Chat On The Ordinary And Unusual IP: Podcast featuring Latha R Nair
Latha R Nair was featured in an insightful podcast by The Emerging India Forum where she discusses her journey – from protecting the legacy of India’s most cherished Geographical Indications to untangling copyright issues in a digital world, with Lion Amirr...
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
Read Full...
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...