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Law and ‘Odor’: Establishing a Case for Olfactory Marks in Indian IP Landscape
This post is authored by Tejaswini Kaushal, a 3rd-year B.A. LL.B. (Hons.) student, Dr. Ram Manohar Lohiya National Law University, Lucknow 1. Introduction “If you’re looking for a cheap dupe to a designer perfume, below we’ve got a list of great fragrance twins that are every bit as good as their pricey counterparts…” claimed an…
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Unleashing the Copyright Protection Jedi: Evaluating the Effectiveness of Dynamic Injunctions
(This post has been authored by Tejaswini Kaushal, a 3rd-year B.A. LL.B. (Hons.) student, Dr. Ram Manohar Lohiya National Law University, Lucknow 1. Safeguarding Creative Works in the Digital Age: A Paradigm Shift in Enforcement Amid User Generated Content (UGC) and Artificial Intelligence (AI), Indian copyright holders face an uphill battle, grappling with unauthorized content…
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The Doctrine of Laches in Copyright vs Patent Law: Analysis through the Lens of USA’s Legal Framework
[This piece has been authored by Ishita Chandra, a student at the Dr. B.R. Ambedkar National Law University, Sonepat, Haryana.] INTRODUCTION It is a fundamental principle of administration of justice that the courts will aid those who are vigilant and who do not sleep on their rights. Claims which have been delayed unreasonably in being…
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Intermediary Liability in Copyright claim over User-Generated Content
[This piece has been authored by Sanidhya Bajpai, a student at Dr. Ram Manohar Lohia National Law University, Lucknow.] Introduction The age of social media and YouTube has also created a community of content creators by default. The act of creating and sharing content on the internet has become common parlance. The advent of social…
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Adobe’s Policy: Missing Out On The Elephant In The Room?
[This piece has been authored by Tanvi Agarwal and Tejaswini Sahoo, students at the West Bengal National University of Juridical Sciences, Kolkata.] Introduction If you are wondering how excellent the camera on your new brand phone would be, pay attention to what the developer says about AI. As technology advances, innovative ways of producing images…
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The Case for ‘Varaha Roopam’: Dissecting the Kantara-Thaikkudam Bridge Copyright Row
[This piece has been authored by Sanjana S, a student at the Symbiosis Law School Hyderabad.] The author is thankful to Avilash Kumbhar, Gayathri Balasubramanian, Vishal Menon and Turanyu VB for their valuable inputs and suggestions. In October 2022, the makers of the song ‘Varaha Roopam’ from the Indian language action-drama film ‘Kantara’ faced allegations…
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Writings of an Aficionado: Fan Fiction and Copyright
[This piece has been authored by Shruti Navayath, a student at the NMIMS, Kirit P. Mehta School of Law.] Introduction Fan fiction refers to stories that have been written by fans, involving popular fictional characters, and are often posted on the internet.[1] In recent years, as the internet has grown in popularity, so has the…
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Resales and Royalties: An exegesis of Section 53A of the Copyright Act
[This piece has been authored by Mrigank Joshi, a student at the Jindal Global Law School.] Introduction A fundamental postulate of Intellectual Property Rights is due recognition and benefits to creators, innovators, and artists over tangible creations of their original ideas. The rationale behind the same is to compensate/reward people for their original contributions to the…
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Copyright Provisions pertaining to ‘Internet Memes’ in India
This piece discusses the scope of fair use under copyright law in light of the novel ‘meme culture’ that is omipresent on the internet today.
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Exit Strategies For 11th Hour Copyright Lawsuits in Light of Covid-19
The authors discuss the concept of Last-Minute injunctions and analyse cases, in India and abroad, concerning such injunctions.
