Browsing Tag

Copyright

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Custom Recordals: How Customs ensure IPR is protected

The 2007 custom rules are a great way for IP rights holders to stop the inflow of counterfeit products in the market. This article is a simple and practical account of how this protection is availed given how complex this process is made out to be. From the generation of UTRN numbers to UPRN Numbers and Bonds, all bases are covered in the piece.
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Blast From the Past: Concept of Joint Authorship in Najma Heptulla v. Orient Longman

Today, i.e. April 23 is marked as the World Book and Copyright Day across the World as decided by UNESCO. In the spirit of the day, we analyse the landmark and internationally revered judgment delivered by the Delhi HC in Najma Heptulla v. Orient Longman, a judgment which concerns with Copyright and joint authorship rights in a literary work.
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Copyright protection for Fictional Characters (Part 2 of 2)

In the first part, Pranjali delved into the coverage of fictional characters under US Copyright sphere along with the theories as well as tests of their protection. In this part, she discusses how these characters get protection in the Indian Copyright sphere. She covers all bases as she does an analysis of the concept of character merchandising and how characters in the public domain are dealt with.
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Can a fictional character be copyrighted: India and the US (Part 1 of 2)

Can Superman be used by Marvel? Can anyone write Sherlock Holmes stories or produce a film on James Bond? These questions are answered by this detailed two-part article which aims to cover the protection of fictional characters in the United States and India. It also delves into concepts such as character merchandising, characters in the public domain as well as the intersection between Copyright and Trademark laws regarding these characters. Part 1 of this article deals with the recognition of fictional characters in the US. Initiating from the coverage (or non-coverage) of fictional characters in the US Copyright Act, this part highlights various theories and tests which forms the basis of protection of these characters as copyrights.
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HC: The Copyright Registration of the artwork is immaterial for the purpose of proving the use of a trade mark.

The Delhi High Court decreed that the copyright registration of the artwork is immaterial for the purpose of proving the use of the subject trade mark and the court held that the Petitioner was entitled to the benefit of Section 12 of the Act for concurrent registration as it had been in use honestly from many years.
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