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copyright act Tag

SURANA & SURANA > Posts tagged "copyright act"

LEGAL CROSSROADS – THE DABUS PARADOX IN PATENT LAW

Theyjusvini S - Associate, Dispute Resolution Practice The AI revolution is proving to be a game-changer in every field and the legal landscape is no exception. The question behind patentability of AI inventions was first triggered by two patent claims filed by Dr. Stephen Thaler, a computer scientist. The Artificial Intelligence system called Device for Autonomous Bootstrapping of Unified Sentience, also called DABUS designed by Thaler, is the other key player in the series of debates and decisions that followed. SOME DEFINITIONS UNDER THE INDIAN PATENTS ACT, 1970: A patent is a legal right given to a person, recognising that person as the...

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Concept of Dynamic Injunctions and an overview of landmark Cases Shaping Dynamic Injunctions in India

P. Saranya, Senior Associate, IP Practice Introduction: The proliferation of digital technology has revolutionized the way we consume and distribute content. However, with this advancement, digital piracy has also become a pervasive issue, posing significant challenges to creators, copyright holders, and the entertainment industry at large. In India, combating digital piracy has been a priority, and one of the legal tools that has gained prominence in recent years is the concept of dynamic injunctions. This article delves into the legal framework surrounding dynamic injunctions in India, analysing landmark cases that have shaped this approach to combat digital piracy. I. Understanding Digital Piracy in...

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A Case for Compulsory Licensing: Balancing Access and Intellectual Property Rights

A Case for Compulsory Licensing

Sonam Nanda Advocate, Surana & Surana International Attorneys INTRODUCTION The Copyright Act, 1957 plays a pivotal role in safeguarding the rights of creators, authors, producers, performers, and their works. Nevertheless, under certain circumstances, the exclusive rights granted to copyright holders can impede the accessibility of their works to the general public. In order to strike a balance between the protection of intellectual property and the promotion of public interest and rights, Section 31 of the Copyright Act, 1957 was established. Subsequently, several clarifications were introduced to enhance its scope, namely Section 31A, 31B, 31C, and 31D. This article aims to analyse the concept...

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AI GENERATED ARTWORKS & COPYRIGHT

AI GENERATED ARTWORKS & COPYRIGHT

Jai Vignesh K Associate – Intellectual Property Rights Practice INTRODUCTION: Copyright safeguards the creative endeavours of individuals such as authors, musicians, historians, scientists, and dancers, among others, by granting them intellectual property rights. To be eligible for protection, the work must possess originality or present a fresh perspective on existing creations. As stated in TRIPS (Trade-Related Aspects of Intellectual Property Rights), copyright covers the expression of ideas but does not extend to ideas themselves, procedures, operational methods, or mathematical concepts in their raw form. There has always been controversy surrounding the idea of an artificial intelligence system producing any particular work of art. Critical...

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IP NEWS UPDATES -MAY 2022

USPTO To Begin Issuing Electronic Trademark Registration Certificates On 2nd May, the USPTO announced via federal notice that, on June 7, 2022, the United States Patent and Trademark Office (USPTO) will start issuing electronic certificates of trademark registration. The electronic registration certificate will serve as the official registration certificate once it is issued. Trademark owners will have the choice to obtain paper "presentation" copies when the USPTO starts distributing electronic registration certificates, although doing so will carry a price. The ability to purchase certified copies of their trademark registrations will also be available. The Supreme Court's Effort to Resolve the Date on Section...

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