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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
Read more »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?
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 »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
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 »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
Read more »Non-Payment of Dues by Companies: Civil or Criminal Wrong? Insights from Calcutta High Court Ruling
INTRODUCTION The Calcutta High Court recently addressed this important question in its judgement in the case of Dasrathbhai Narsangbhai Chaudhary and Another Versus the State of West Bengal and Another. Through this case, the court further clarified the line between civil and criminal wrongs by analysing the facts of the case and reiterating the judgements … Continue reading Non-Payment of Dues by Companies: Civil or Criminal Wrong? Insights from Calcutta High Court Ruling
Read more »Jasleen Royal’s Fight for Creative Rights: A Battle against Unauthorized Use in the Music Industry
INTRODUCTION On March 12th Singer-composer Jasleen Royal filed a case of copyright infringement and unauthorized usage against music label T-Series, lyricist Raj Ranjodh, and singer Guru Randhawa in the Bombay High Court. The case is related to her original musical composition in the song called “All Right”. It began when she composed some pieces for … Continue reading Jasleen Royal’s Fight for Creative Rights: A Battle against Unauthorized Use in the Music Industry
Read more »Paper Leak: Law to Combat the Issue
Introduction Competitive exams in India are not just a means to get a job, rather they signify a much deeper meaning. They are a means through which people improve their social status, and standard of living. A large section of our country is poor and the only way they think they can improve their status … Continue reading Paper Leak: Law to Combat the Issue
Read more »The Blurred Lines Between Excise and Trademark Law
EXCISE LAWS VS TRADEMARK LAWS The case of ‘Mount Everest Breweries Ltd. v. Excise Commissioner, MP has an interesting twist on the confluence of excise laws and trademark legislation. In the case at hand, the Madhya Pradesh High Court held that what powers to determine the similarity between beer labels can be exercised by the Excise … Continue reading The Blurred Lines Between Excise and Trademark Law
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