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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 »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 »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 »The Mis-Connection between the Copyright Law and PMLA
Introduction The Prevention of Money-Laundering Act, 2002[1] (hereinafter “PMLA”), contains as a predicate offence,[2] the Copyright Act, 1957 (hereinafter “CA”). While the framework of PMLA does lend, and improve the funtioning of, the CA—by causing increased reputational risk; compliance improvements; and a further disincentivisation for the internalisation of infringement costs; there are notworthy concerns relating … Continue reading The Mis-Connection between the Copyright Law and PMLA
Read more »The Legal and Ethical Dimensions of Copyright Infringement
INTRODUCTION Copyright infringement is one of the most persistent problems in intellectual property law today. Because it has become easier than ever to access digital content, unauthorized use of copyrighted materials has skyrocketed exponentially in a very short period of time. Copyright infringement happens when persons use or reproduce a work without acquiring consent from … Continue reading The Legal and Ethical Dimensions of Copyright Infringement
Read more »Patents and Software Innovations: Global Perspectives
INTRODUCTION It has always been a gray area especially when it comes to relation between patents and software developments. As for the latter, there have been different solutions striving to solve the same on a worldwide level. Various nation-states, on some level, have embraced or rejected the desirability patentability of software innovations. For example, the … Continue reading Patents and Software Innovations: Global Perspectives
Read more »From Congratulatory Posts to Legal Action: How the Manu Bhaker Case Redefines Personality Rights
INTRODUCTION The recent controversy involving Indian Olympian shooter Manu Bhaker has reignited the debate over personality rights in India. After Bhaker secured two bronze medals at the Paris 2024 Olympics, several brands, including Bajaj Foods, LIC, and FIITJEE, used her images without her consent in congratulatory posts on social media. These posts, while seemingly celebratory, … Continue reading From Congratulatory Posts to Legal Action: How the Manu Bhaker Case Redefines Personality Rights
Read more »How Telegram Fuels Digital Piracy
11th September, 2024 - 9:58 am
Categories:
Copyright Infringement
Legal Case
Legal Issues
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Introduction The recent arrest of Pavel Durov, the owner of Telegram, has been arrested in France for numerous criminal activities, including illegal transactions, child pornography, and the most important being “refusal to communicate information to authorities” that are continuously being committed on the application, which is dimensionless. It is said to be the new dark … Continue reading How Telegram Fuels Digital Piracy
Read more »India Lacks IP Laws over Artificial Intelligence
What Is Artificial Intelligence (Ai) Artificial intelligence or AI is the new branch of computer science which through the method of machine learning, data, algorithms Imitate or replicate human intelligence. The part which makes AI different from your regular programmed software is that it has the capability of creativity. For practical purposes there are two … Continue reading India Lacks IP Laws over Artificial Intelligence
Read more »Role of Intermediaries Vis-À-Vis Safeguarding Intellectual Property of the Sellers
INTRODUCTION The relationship between Intellectual Property and the internet has always been a point of concern when it comes to shielding intellectual property from infringement. The concern grows exponentially when the business activities of both the infringer and the rights holder are at stake, therefore, the role of E-Commerce entities becomes relevant and worth investigating, … Continue reading Role of Intermediaries Vis-À-Vis Safeguarding Intellectual Property of the Sellers
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