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India in the 2019 Special 301 Report

By, Suhan S The Special 301 Report[1] is an annual publication by the Office of the United States Trade Representative (USTR) as a statutory requirement under Section 183 of the Trade Act of 1974[2]. The 31st edition of the report… Continue Reading →

Deceptively Similar Trademarks in the Pharmaceutical Industry: A Threat to Society

By, Shaivi Nihal Shah and Palash Moolchandani What is Deceptive Similarity? There are a number of ways by which a trademark can be infringed; the most common way being the use of deceptively similar marks[i], with the intention to deceive… Continue Reading →

Originality, Author and Publication: The Three Musketeers of Copyright over Customer List

By Afzal Mohhamad Introduction For far too long, there has been a continuous scuffle between employers and employees on the usage of the customer lists by the employees post-termination by the employer. Though sometimes bound by the legal obligations under… Continue Reading →

Personality Rights: A need for Legislation

                                      by, Ankita Aseri INTRODUCTION What are Personality Rights? The term ‘personality right’ is the right to control and profit from the… Continue Reading →

Performers Rights: Ambiguities in Section 38A

Ankita Aseri addresses the ambiguities contained in Sec. 38A of the Indian Copyright Act and explores inconsistencies in the Amendment and in widening the scope of the interpretation of ‘live performance’. She goes on to suggest the usage of harmonious construction to remedy these loopholes.

Protection of Fictional Characters under Copyright Law

Sonakshi Bannerjee studies how fictional characters are a protected form of expression and imagination within IP laws. This blog post deals with the extent of protection offered by Indian Copyright laws to fictional characters. It discusses the tests and doctrines that have developed over time in deciding the scope of protection offered to fictional characters as well as the forms of work.

Conferring Legal Personality on Artificial Intelligence: Determining Liability Rules

By, Samyukta Ramaswamy  The idea that humans would, at some point of time, be able to develop machines capable of “thinking” and “acting” for themselves has always been a very real possibility since the beginning of civilization.[i] Intelligent machines, or Artificial… Continue Reading →

Image Trademark

In light of the move of trademarking the Taj Mahal Palace Hotel opening up a new line for trademark registration on buildings image in India, Ankita Aseri discusses image trademarks in India using case laws and also addresses with the less favourable aspects of image trademarking in India.

Comparative Advertising: Towards a New Trend

Ankita Aseri throws light on the thin line of difference between comparative advertising and unfair trade practices through the use of case laws and by comparing the Indian scenario with the ones in the United States and the United Kingdom.

Are Copyright protected on Instagram & Facebook

Aman Tolwani illustrates the terms and conditions that Instagram and Facebook craft, and to which its users adhere to, which might not only be in conflict with copyright laws, but which may change at any time before the next login of the user.

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