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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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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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