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



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 →

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 →

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.

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