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Intellectual Property Delivered. Initiative of the Centre for Intellectual Property Rights, NUALS



Orphan Works in the Age of Digitization

By, Rose Ann Joseph An orphan work, as the name suggests is a copyrighted work, but for which, there is no detectible right holder. Before classifying a work as ‘orphan’, the person who is seeking to use this material should… Continue Reading →

Fair use as a Scope of Copyright Protection

By, Sherry Shukla and Arpit Lahoti    The scope of copyright protection has both legal and practical dimension and the combination of both produces a scope in economic terms. Various elements are associated with a Copyright as far as its… Continue Reading →

Conflict of Western Ideas with Local Customs: Intellectual Property Regime in the Middle East

By, Mohit Kar Intellectual Property Rights (“IPR”) in the Middle East are based on the idea of Western influence on foreign laws, which have now been assimilated into the local laws.[i] It is an illustration of the West’s supremacy in… Continue Reading →

Regulating Curated Content: It Will Take A Lot More Than Mere Amending Existing Laws

Prabhdeep Kaur addresses the issue of regulation of online curated content in the light of the fight against piracy and the recent development of “Digital Curated Content Complaint Council’. The author also examines how various countries shape their law to keep up with emerging technologies to see if self-regulation of such content is possible.

Work Generated by AI Machinery – Does IP Law Protect Such Works?

By, Vivan Jhaveri and Nayanikaa Shukla INTRODUCTION Mark Mallia would never have comprehended that of the minds that would try to recreate his work one among them would be artificial. Recently, a robot named Universal Machine Artist (“UMA”) has made… Continue Reading →

The Conundrum Involving the Test for Copyright Infringement of Films

By, Nidhisha Garg On July 1, 2019, the High Court of Delhi delivered a significant ruling in the case of MRF Limited v. Metro Tyres Limited which has reconsidered the position with respect to the test for identifying copyright infringement… Continue Reading →

The Unaddressed Conundrum Surrounding Copyright Societies vis-a-vis Competition Law

By, Urshila Pandit & Sanah Javed Justice Peckham in the case of United States v. Trans-Missouri Freight Association[i] appositely stated “Nor is it for the substantial interests of the country that any one commodity should be within the sole power and subject… Continue Reading →

The Ambiguity surrounding Section 31D

By, Ananya Sivadas In 2012, an amendment was made to the Copyright Act, 1957 introducing the highly disputed Section 31D giving effect to statutory license for broadcasting of literary and musical works and sound recording. The ambiguity that surrounds this… Continue Reading →

Should Compulsory Licensing for Computer Programs be allowed for the purposes of interoperability?

By, Antony Moses Introduction: Section 52 (ab) of the Indian Copyright Act sanctions the “doing of any act which is necessary for the extraction of “essential information” necessary for “operating interoperability” by a lawful possessor of a computer program, provided… Continue Reading →

The next Picasso: AI

By, Lettisha L S Introduction Perhaps John McCarthy could not have imagined the extent to which human thought would carry forward the concept when he coined the term “Artificial Intelligence” in 1955. Like bees to pollen, entrepreneurs have gravitated towards… Continue Reading →

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