Apple Music V. Spotify: A Comparative Study In the Digital Music Marketplace (Part I)

INTRODUCTION ‘Enforcement of IP rights is crucial to the viability of online Information-based goods markets’                            – (Bockstedt, Kauffman, & Riggins, 2005) As a result of technological improvements, the music industry has evolved considerably during the last few decades. Technology has had both positive […]

Limited Edition Products and their IP Protection

Every renowned business has some products that they launch separately. They are launched either for a special occasion or simply the sale of first impression products. These products are named “Limited Editions”. These items have restricted production and remain in the market only for a short duration of time. They almost never re-enter the market […]

Beijing Treaty: A Silver Lining to Audiovisual Performers

Introduction The Audiovisual industry is a sunrise sector for the economy and making significant strides. It is a multi-billionaire industry having the compelling power to jump-start the underdeveloped economy. Nashville was once a struggling city of the USA, where just like Sub-Saharan Africa policymakers find the silver lining to revamp its economy through industrial development […]

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 […]

Web Scraping and Intellectual Property Rights

The Internet is glutted with the presence of a myriad variety of goods and services. These goods and services present online that form the bread and butter for business are a protected product/content that is categorized as intellectual property and is protected under the Intellectual Property laws through copyright, trademark, design, etc.  Thus, the protection of the […]

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 […]

Infringement of Design

The term design has been defined under section 2(d) of the Designs Act 2000 which defines design as a shape, configuration, pattern, composition of lines, ornaments, or line of colours applied to any article whether in 2D or 3D or in both, formed by any process which is industrial in nature or through any other […]