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November, 2024 | Khurana and Khurana - Part 2

Month: November 2024

Adultery in Modern India


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ABSTRACT: The article dives into the significance of marriage and the repercussions of adultery, specifically its impact on Indian society. It underscores the critical roles of trust and loyalty between spouses. The Indian Penal Code’s Section 497, which was declared unconstitutional by the Supreme Court in 2018 [3], has been a significant legal issue in … Continue reading Adultery in Modern India

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Guarding The Code: Evaluating Intellectual Property Frameworks For AI Algorithms

FROM TRADE SECRETS TO TRANSPARENCY (Introduction) Artificial Intelligence (AI) has made far-reaching changes in innumerable industries, affecting critical decisions such as credit scoring, university admissions, and hospital discharges prompting the EU AI Act reflects these concerns by categorizing these applications as ‘high-risk’ and imposing strict requirements of transparency and accuracy on these applications. As the … Continue reading Guarding The Code: Evaluating Intellectual Property Frameworks For AI Algorithms

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International Trademark Registration: How to Protect Your Brand Globally

Introduction In the modern global marketplace, businesses do indeed reach further than the borders of their countries. Regardless of where your business reaches, your brand needs to be protected around different countries to ensure it is safe from competitors and imitators. International trademark registration is the legal way out which can be used to protect … Continue reading International Trademark Registration: How to Protect Your Brand Globally

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Separating Trademark Infringement and Passing off

Introduction Brands in today’s environment are no longer just slogans, they are encompassing identity that represents quality, reputation, and trustworthiness. Any brand company must be very keen in protecting these brands. Two key areas of the Intellectual Property law, that of trademark infringement and passing off, are involved in this protection. Although these two terms … Continue reading Separating Trademark Infringement and Passing off

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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

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ZEEL AND SONY, CONSOLIDATION OR CONFLICT?

INTRODUCTION The National Company Law Tribunal (NCLT) recently cancelled the earlier consent granted earlier for the merger of Zee Entertainment Enterprises Limited (ZEEL) with Culver Max Entertainment. [1] Culver was formally known as Sony Pictures Networks India (SPNI). It was sanctioned way back in August 2023. The two concerned parties had agreed mutually to a … Continue reading ZEEL AND SONY, CONSOLIDATION OR CONFLICT?

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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

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Authorship and Ownership of AI-Generated Works

Introduction AI-generated works encompass paintings, poetry, images, sculptures, and writings or any digital content created with the assistance of AI, guided by appropriate prompts from a human. Generative AI models have gradually taken over the creative field. Tools like DALL-E, Gemini, and ChatGPT have bridged human creativity and Machine computation. These tools have gone from … Continue reading Authorship and Ownership of AI-Generated Works

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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

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Countering the Surge of Digital Piracy in OTT Platforms in India

Abstract This article studies how India’s media and entertainment sector has changed as a result of the impact of the COVID 19 pandemic, in particular, the growth of the Over the Top (OTT) platform. Against this backdrop, audiences now increasingly migrate to digital streaming services as traditional channels such as cinemas are disrupted by lockdown, … Continue reading Countering the Surge of Digital Piracy in OTT Platforms in India

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