{"title":"Framing Intellectual Property Rights in the Indian Print Media","authors":"","doi":"10.56042/jipr.v28i1.533","DOIUrl":"https://doi.org/10.56042/jipr.v28i1.533","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70706597","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Relationship between Human Rights and Copyright Law: Bibliometric Analysis","authors":"","doi":"10.56042/jipr.v28i1.535","DOIUrl":"https://doi.org/10.56042/jipr.v28i1.535","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70706612","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"From ‘Anti Suit Injunction’ to ‘Anti Anti Suit Injunction’, Where would this Journey End? Part-I","authors":"","doi":"10.56042/jipr.v28i1.545","DOIUrl":"https://doi.org/10.56042/jipr.v28i1.545","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70706811","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.56042/jipr.v28i5.5619
Social media is one such digital technology that has several benefits, such as, it helps in building relationships byimproving communication, eases the process of establishing private businesses/enterprises by providing a platform wherethe business can reach a larger population and also romote talent by giving a chance to artists to showcase their art andgather appreciation from across the world but it does have an adverse effect on copyright owners of such posts or content asthere are chances of their work being misused or infringed. However, sometimes the infringement might be unintentionaland without any malicious intent. This paper shall discuss the authorship/ownership of the content posted on social mediaplatforms, how copyright infringement takes place on such platforms and how the Indian legislations regulate suchinfringement. The author shall suggest certain steps the Indian government can take to curb copyright infringement cases onsocial media.
{"title":"Social Media and Copyright: An Indian Perspective","authors":"","doi":"10.56042/jipr.v28i5.5619","DOIUrl":"https://doi.org/10.56042/jipr.v28i5.5619","url":null,"abstract":"Social media is one such digital technology that has several benefits, such as, it helps in building relationships byimproving communication, eases the process of establishing private businesses/enterprises by providing a platform wherethe business can reach a larger population and also romote talent by giving a chance to artists to showcase their art andgather appreciation from across the world but it does have an adverse effect on copyright owners of such posts or content asthere are chances of their work being misused or infringed. However, sometimes the infringement might be unintentionaland without any malicious intent. This paper shall discuss the authorship/ownership of the content posted on social mediaplatforms, how copyright infringement takes place on such platforms and how the Indian legislations regulate suchinfringement. The author shall suggest certain steps the Indian government can take to curb copyright infringement cases onsocial media.","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135799504","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article addresses the issue of the increasingly frequent registration of public domain works as trademarks, points outthe practical implications of such registrations, and acknowledges the conflicting decisions with respect to the same form oftrade mark applied for, depending on whether it is the decision of the patent offices of the EU member states (or other thanthe EU regional systems) or the EU Intellectual Property Office. The analyzed topic should be considered in the context ofthe depletion of the public domain, the restriction of the freedom to use cultural goods, as well as the threat to the institutionof the trademark itself. Thus, the admissibility of this type of registration should be carefully considered each time, takinginto account the role played by the public domain, the motivation of the entity applying for such a trademark and anoticeable conflict of two systems: Copyright and Industrial Property Law.
{"title":"Registration of Works belonging to the Public Domain as Trademarks","authors":"","doi":"10.56042/jipr.v28i5.836","DOIUrl":"https://doi.org/10.56042/jipr.v28i5.836","url":null,"abstract":"The article addresses the issue of the increasingly frequent registration of public domain works as trademarks, points outthe practical implications of such registrations, and acknowledges the conflicting decisions with respect to the same form oftrade mark applied for, depending on whether it is the decision of the patent offices of the EU member states (or other thanthe EU regional systems) or the EU Intellectual Property Office. The analyzed topic should be considered in the context ofthe depletion of the public domain, the restriction of the freedom to use cultural goods, as well as the threat to the institutionof the trademark itself. Thus, the admissibility of this type of registration should be carefully considered each time, takinginto account the role played by the public domain, the motivation of the entity applying for such a trademark and anoticeable conflict of two systems: Copyright and Industrial Property Law.","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135799508","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.56042/jipr.v28i5.3016
The Parliament of India makes, amends, and unmakes law. The Supreme Court of India (hereinafter, the Supreme Court),under Article 141 of the Constitution of India, declares the law and makes and unmakes the law. These constitutional powers oftwo branches are related but separate. The Supreme Court in the first decade of 21st century has delivered 23 decisions on thetrademark law. On an average, the Supreme Court has decided 2.3 (point three) trademark cases in a year; or one trademarkcase in 158.82 (point eight two) days or in .43 (point four three) years. A review of reported 21st century decisions reveals thatthe Court has: (i) declared trademark law in 17 decisions; (ii) not only interpreted the provisions of the statutes but has alsoconstructed them; (iii) not declared anything on the constitutionality of the trademark statutes as no such question ofconstitutionality was brought before it; (iv) delivered all the decisions unanimously as no dissenting or concurring judgment isreported; and (v) decided maximum number of cases by Division Bench (21) and remaining 2 cases by Full Bench. It is alsoobserved that no sitting or acting Chief Justices of India was on the Bench in any of the cases. Paper proceeds with the sameargument and method as developed in the first four papers on patent law, copyright law, design law and trademark law intwentieth-century published under the theme ‘IP Laws Declared by the Supreme Court’. This Paper seeks to cull out theprinciples of trademark law as declared by the Supreme Court in the first decade of the twenty-first century.
{"title":"Trademark Law Declared by the Supreme Court of India in Twenty-First Century (2000–2009) — I","authors":"","doi":"10.56042/jipr.v28i5.3016","DOIUrl":"https://doi.org/10.56042/jipr.v28i5.3016","url":null,"abstract":"The Parliament of India makes, amends, and unmakes law. The Supreme Court of India (hereinafter, the Supreme Court),under Article 141 of the Constitution of India, declares the law and makes and unmakes the law. These constitutional powers oftwo branches are related but separate. The Supreme Court in the first decade of 21st century has delivered 23 decisions on thetrademark law. On an average, the Supreme Court has decided 2.3 (point three) trademark cases in a year; or one trademarkcase in 158.82 (point eight two) days or in .43 (point four three) years. A review of reported 21st century decisions reveals thatthe Court has: (i) declared trademark law in 17 decisions; (ii) not only interpreted the provisions of the statutes but has alsoconstructed them; (iii) not declared anything on the constitutionality of the trademark statutes as no such question ofconstitutionality was brought before it; (iv) delivered all the decisions unanimously as no dissenting or concurring judgment isreported; and (v) decided maximum number of cases by Division Bench (21) and remaining 2 cases by Full Bench. It is alsoobserved that no sitting or acting Chief Justices of India was on the Bench in any of the cases. Paper proceeds with the sameargument and method as developed in the first four papers on patent law, copyright law, design law and trademark law intwentieth-century published under the theme ‘IP Laws Declared by the Supreme Court’. This Paper seeks to cull out theprinciples of trademark law as declared by the Supreme Court in the first decade of the twenty-first century.","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135799276","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Artificial Intelligence and blockchain technology now influence the intellectual property environment. For example, machine learning is now regularly used in trademark and patent searches in IP databases. Machine learning implementations in different IP areas, including patent tracking, copyright evaluation, and trademark comparisons, can now be seen more often. A vast range of LP notary implementations are proposed using blockchain technologies, and new networks emerge, using both AIs and blockchains to build new IP communities. The growth of such technology in LPP is mainly driven by the IT industries, particularly technology entrepreneurs. In the context of the non-registered IP rights such as copyright (which under the Berne Convention for the Protection of Literary and Artistic Works and in many jurisdictions is not registrable) and unregistered design rights, blockchain technology can play an important role, too, because it can prove its conception, use and qualification (for example the countries where the design was first marketed and originality). Uploading the author or creator’s work and design data into a blockchain would produce a time-stamped record and solid proof of originality.So, IPO has laid the groundwork for the technology’s fusion into the IP ecosystem. Several other possible uses include ledger management, the creation of a monitoring authority to track the use of IP properties in the market and commercialization for investors via a bidding system. It will provide innovators with a centralized, government-backed market to attract investors and technology titans.
{"title":"Artificial Intelligence and Blockchain: A Breakthrough Collaboration in IP Law","authors":"","doi":"10.56042/jipr.v28i5.981","DOIUrl":"https://doi.org/10.56042/jipr.v28i5.981","url":null,"abstract":"Artificial Intelligence and blockchain technology now influence the intellectual property environment. For example, machine learning is now regularly used in trademark and patent searches in IP databases. Machine learning implementations in different IP areas, including patent tracking, copyright evaluation, and trademark comparisons, can now be seen more often. A vast range of LP notary implementations are proposed using blockchain technologies, and new networks emerge, using both AIs and blockchains to build new IP communities. The growth of such technology in LPP is mainly driven by the IT industries, particularly technology entrepreneurs. In the context of the non-registered IP rights such as copyright (which under the Berne Convention for the Protection of Literary and Artistic Works and in many jurisdictions is not registrable) and unregistered design rights, blockchain technology can play an important role, too, because it can prove its conception, use and qualification (for example the countries where the design was first marketed and originality). Uploading the author or creator’s work and design data into a blockchain would produce a time-stamped record and solid proof of originality.So, IPO has laid the groundwork for the technology’s fusion into the IP ecosystem. Several other possible uses include ledger management, the creation of a monitoring authority to track the use of IP properties in the market and commercialization for investors via a bidding system. It will provide innovators with a centralized, government-backed market to attract investors and technology titans.","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135799505","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Patent Law Declared by the Supreme Court of India","authors":"","doi":"10.56042/jipr.v28i1.543","DOIUrl":"https://doi.org/10.56042/jipr.v28i1.543","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70706748","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Part I of the research paper attempts to introduce the conceptual understanding of user generated content and the copyright issues related to UGC, following which Part II will present a critical analysis of the problems contained in the Fair use defence as enshrined in the United States legislation. Part III of the research paper will try to argue as to why the non-commercial UGC exception as enshrined in Section 29.21 of the Canadian Copyright acts till remains the much-needed answer which UGC has been looking for so long now, along with a few concluding thoughts. Throughout the paper, the author tries to argue that the new exception, namely the non-commercial user generated exception is the much-needed UGC protection with respect to the commercial aspect of any user created content on online platforms.
{"title":"The Canadian UGC Exception: An Attempt to Revolutionise Fair Use Defence for User Generated Content","authors":"†. NiharikaSalar","doi":"10.56042/jipr.v28i2.555","DOIUrl":"https://doi.org/10.56042/jipr.v28i2.555","url":null,"abstract":"Part I of the research paper attempts to introduce the conceptual understanding of user generated content and the copyright issues related to UGC, following which Part II will present a critical analysis of the problems contained in the Fair use defence as enshrined in the United States legislation. Part III of the research paper will try to argue as to why the non-commercial UGC exception as enshrined in Section 29.21 of the Canadian Copyright acts till remains the much-needed answer which UGC has been looking for so long now, along with a few concluding thoughts. Throughout the paper, the author tries to argue that the new exception, namely the non-commercial user generated exception is the much-needed UGC protection with respect to the commercial aspect of any user created content on online platforms.","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70707212","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Private Ordering in Copyright Law: The Impact on Fair Use Activities on the Internet","authors":"","doi":"10.56042/jipr.v28i2.621","DOIUrl":"https://doi.org/10.56042/jipr.v28i2.621","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70707281","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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