Tag: copyright

The NSE Case

Introduction Copyright law is built on the foundation of originality, and several doctrinal approaches have been developed to define and apply it. Two such approaches are the sweat of the brow and modicum of creativity doctrines. In Indian copyright case law, DB Modak sought to reconcile these standards by adopting a middle ground. The sweat … Continue reading The NSE Case

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Elsevier vs. Alexandra

Introduction A library website called Sci-Hub offers free access to books and academic articles. Sci-Hub and another website that is similar to it, Lib-Gen, were the targets of a copyright infringement complaint brought before the Delhi High Court by publishing firms who claimed that both websites engaged in online piracy. The publishing companies claim that … Continue reading Elsevier vs. Alexandra

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Understanding The Concept Of ‘Royalties’ And ‘Copyright Society In The Indian Film Industry

Introduction ‘Copyright’ is the right of the creator of the work to claim all rights against the unauthorised use of their work.. It gives the exclusive right to the author to claim all the rights over his work and excludes anyone from using the benefit of the work without the approval of the author. The … Continue reading Understanding The Concept Of ‘Royalties’ And ‘Copyright Society In The Indian Film Industry

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Case Analysis: Pandrol Limited & Anr. v. Patil Rail Infrastructure Pvt.

Introduction The Plaintiff no.1 is the industry leader in rail fastenings and track elasticity solutions headquartered in the United Kingdom. The plaintiff no.2 is a joint venture between the plaintiff no.1 and Rahee Industries Ltd. The defendant no.1 is a company in the business of dealing in railway track engineering. Defendants no.2 to 5 are … Continue reading Case Analysis: Pandrol Limited & Anr. v. Patil Rail Infrastructure Pvt.

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A Critical Analysis On The Determination Of Copyright Infringement In Sound-Alike Songs With Reference To “Ed Sheeren Vs Sami Chokri

Introduction Humans and music have been entwined from the beginning of time. Various kinds of expression are subject to an identical criterion for copyright infringement. However, because of its distinctive characteristics, musical expressiveness presents significant difficulties for courts adjudicating infringement issues. Contrary to literature or physical manifestations of art such as paintings and sculptures, music is … Continue reading A Critical Analysis On The Determination Of Copyright Infringement In Sound-Alike Songs With Reference To “Ed Sheeren Vs Sami Chokri

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Samir Kasal V. Prashant Mehta & Ors: Decrypting The Conundrum Conflux Of Copyright And Confidentiality Over Cricket

Introduction The multifaceted pursuit of undue capitalistic gains has for decades posed a colossal threat to intellectual autonomy, the daunting effects of which ruthlessly trickled down to the burgeoning infringement of innovation in the past. In furtherance of such interest, the absence of a definite judicial advertence that paralleled immunity against such allied transgressional oversights … Continue reading Samir Kasal V. Prashant Mehta & Ors: Decrypting The Conundrum Conflux Of Copyright And Confidentiality Over Cricket

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Intellectual Property Law Judgment Analysis: Sujata Chaudhri v. Swarupa Ghosh

Introduction The present case relates to an almost identical logo of 2 (two) Law firms. Here, the plaintiff, Ms. Sujata Chaudhri, proprietor and managing partner of Sujata Chaudhri IP attorneys, sought a permanent injunction restraining trademark infringement, copyright infringement, and passing off against the Defendant, Ms. Swarupa Ghosh, an IP lawyer. The order was passed … Continue reading Intellectual Property Law Judgment Analysis: Sujata Chaudhri v. Swarupa Ghosh

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Copyright Protection For Fictional Characters

Introduction Intellectual Property Rights are the legal rights vested with an investor to protect his invention, provided that it satisfies the criteria of non-obviousness, global novelty, and industrial or commercial application for some time. They give exclusive rights to the creator. Originally, only patents, trademarks, and industrial designs were protected. Now, a wider meaning has … Continue reading Copyright Protection For Fictional Characters

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Intellectual Property Rights : Protection of Fashion Designs in India

Introduction With the general popularity of private brands, Indian consumers are looking for ways to access fashion companies, thanks to increased media exposure, more awareness, goals, and a larger share of disposable cash. For these fashion companies, it is not easy to keep the business afloat with the spiralling competition. In order to consistently progress, … Continue reading Intellectual Property Rights : Protection of Fashion Designs in India

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Personality rights – An Examination of Amitabh Bachchan v. Rajat Nagi and Ors

Introduction “While one person may build a home, another knit a sweater so also may a third create a valuable personality, all three must be recognised by the law as ‘property’ protected against trespass and theft.”[1] A person laboriously constructs a celebrity persona through a combination of intellectual, emotional and physical efforts. The good-will and … Continue reading Personality rights – An Examination of Amitabh Bachchan v. Rajat Nagi and Ors

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