Infringement of copyright and fair usage of IP Laws
Copyright infringement & fair use The term ‘Intellectual’ implies that it is specific to the mind or talent. Thus, Intellectual property refers to the creation of the human mind. It is non-physical (intangible) and it derives its value from ideas. It is a legal concept that confers the right to owners and creators of the […]
Lights Camera Action : Role Of Intellectual Property In Indian Cinema
Introduction A growing number of daily releases makes India’s copyright laws particularly important in . Evaluating the original author of such works is of critical importance in order to protect and further encourage individuals to partake in the creative business of creating movies, even though the audience watching such works may be unaware of the […]
The Work-for-hire Doctrine and Software Agreements in the United States of America
Copyright Law vests in the creator of certain works, or those deriving rights from such creators, a bundle of rights, from the moment of creation and fixation of such works[i]. However, one broad exception to this is the emerging work-for-hire doctrine, according to which the ‘employer or another person for whom the work is […]
New Phase of the Copyright Regime: Critical Note on the Copyright (Amendment) Rules, 2021
In India, the copyright regime is governed by the Copyright Act, 1957 and is regulated by the Copyright Rules, 2013. The Ministry of Human Resources and Development on 14 March 2013 notified the Copyright Rules, 2013. Two years ago, in 2019 a draft for amendments was released for public comments. On 30 March 2021, the government of India has […]
Corroboration of Rightful Ownership through Objection Provisions
Copyright Indian Copyright law is greatly inspired by and in congruence with the TRIPS agreement clauses and standards. The stipulations of the Berne Convention for Protection of Literary and Artistic Works, 1886 and the Universal Copyrights Convention, to which India is a party reflect strongly in the (Indian) Copyright Act, 1957, pursuant to the amendments […]
Critical Analysis : Malaysia’s Trademarks Bill 2019
INTRODUCTION Malaysia is in the process of acceding to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol), adopted in Madrid on June 27, 1989, in order to take advantage of the anticipated growth and development in the domain of trademarks owing to the exponential increase in established global […]
Copyright v. Design: Where is the Balance Line?
It’s not surprising to note that there is ambiguity concerning the overlap between copyright as well as design laws in India. The effect has touched the art industry as well as works leading to the design of commercial products. All types of legal queries come into the picture when there is the commercialization of a work of […]
Khurana & Khurana Opens Jalandhar (Punjab) Office
Upon successful practicing in the area of Intellectual Property (IP) and Commercial Litigation over the decade, Khurana & Khurana, Advocates and IP Attorneys together with its IP Asset Management Practice, IIPRD, feels immense pleasure to announce the recent opening of its 8th branch in Jalandhar. With years of helping corporates identify, create, protect, promote and commercialize their IP […]
Copyright And Cyberspace: Software And Digital Piracy
As we enter into the emerging era of software technology and the ever-growing sphere of the internet and worldwide web, protection of data and the importance of copyright protection has taken center-stage. Copyright law today protects works such as literary, dramatic and artistic works; cinematography films; sound recording and computer programs, data bases and compilations. […]
European Union Directive On Copyright
Introduction The efforts of the European Union (EU) to pass a new copyright law has just received a much-needed push. In a meeting held on Friday[1], ambassadors from a majority of EU member countries have agreed to the draft directive rules. With the final agreement on the draft rules expected to come before the February […]