*Written by Vansh Tayal In today’s digital age, the surge in content streaming has dramatically altered how we consume media by offering ease of access like never before. However, this shift has also brought to light intricate challenges in protecting intellectual property rights. A key player in this arena is Digital Rights Management (DRM), a technological solution designed to prevent unauthorized redistribution of digital media and uphold the copyright policies of streaming platforms. This article examines the crucial role of DRM systems, including Google’s Widevine and Apple’s FairPlay, in ..read more

*Written by Uttara Nair INTRODUCTION The administration and assignment of intellectual property rights, encompassing patents, copyrights, trademarks, designs, geographical indications, and proprietary knowledge, are critical for all business entities, particularly those in the technology sector. The effective handling and assignment of these rights are key drivers of a company’s profitability, fostering innovation. Licensing is a legal tool that permits the utilization or reuse of already protected intellectual property. This raises discussions on various factors influencing the decision of li ..read more

Registration at UKIPO The case in question, originating in 2019, presents a groundbreaking legal dilemma: Can an artificial intelligence (AI) system be acknowledged as an inventor for the purposes of patent ownership? This unprecedented scenario unfolded when Mr. Thaler, the applicant, approached the UK Patent Office with two patent applications. Uniquely, he declared that he was not the inventor; instead, he attributed the creations to his AI system named DABUS. At the heart of this case lies a critical examination of the UK Patent Act 1977, specifically Section 13(2). This section mandates t ..read more

*Written by Gayatri Singh, a 4th year BA LL.B (Hons.) student from University of Petroleum and Energy Studies, Dehradun Introduction The New York Times, one of the most respected news organizations, has taken legal action against OpenAI and Microsoft, accusing them of using their articles without authorisation to train their powerful AI models, including the widely used ChatGPT. New York Times alleges that this unauthorised use of articles infringes on their copyright and threatens its business model by diverting web traffic from its site. Allegations and Claims by The New York Times The New Y ..read more

*Written by Narendra Rathia, a 4th Year B.A. LL.B (Hons.) student from Hidayatullah National Law University. Introduction The term “AI” (Artificial Intelligence) was initially introduced in 1956 during a conference by John McCarthy. Broadly, AI refers to the capability of performing tasks or processing information using its own intelligence, algorithms, or commands, independent of human intervention. When considering the comparison between AI and humans, it is undeniable that AI possesses the potential to surpass human cognitive abilities. In the contemporary era, AI plays a significant role i ..read more

Introduction Section 9 of the Trademarks Act, 1999 (hereinafter referred to as the Act), provides for absolute grounds for refusal of registration of the trademark. The Examiner can object to the registration of the trademark if it falls within any of the grounds mentioned in Section 9. Section 9 (2) of the Act provides as follows: 2) A mark shall not be registered as a trademark if— (a) it is of such nature as to deceive the public or cause confusion; (b) it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India; (c ..read more

Why India? India is one of the world’s fastest-growing economies, with projections suggesting that by 2045, India’s purchasing power parity could surpass that of the United States. This indicates a vast consumer base and a thriving market for goods and services in India, providing ample opportunities for manufacturers and producers to introduce their products. In recent years, this economic potential has attracted global brands to expand into the Indian market. If you are a brand looking to establish a presence in India, your first step should be to secure your trademark and its associated rig ..read more

In the competitive world of business, trademarks play a pivotal role in distinguishing one company’s goods or services from another. These legal identifiers are commonly known as ‘trademarks,’ serving as a critical tool for establishing a unique identity, reputation, and goodwill for a business entity. The legal protection of these trademarks is contingent upon their registration with the relevant government authority, such as the Trade Marks Registry in India. It is important to note that trademark protection is primarily territorial in nature, meaning that a trademark registered in one count ..read more

In recent years, India has witnessed a remarkable surge in the awareness and utilization of intellectual property rights (IPR) within its Micro, Small, and Medium Enterprises (MSMEs) sector. The government has been supportive to the endeavors of MSMEs, which can be seen through the concession on fees within the IP framework and otherwise. This evolution is also exemplified by the substantial increase in patent applications filed by MSMEs in the preceding financial year, a development that highlights the growing importance of patents as a strategic tool in this segment of the Indian economy. In ..read more

Introduction: The Madrid System’s Global Impact The Madrid System, since its inception, has adapted to the ever-evolving needs of global businesses. With an increasing number of countries joining this unique international trademark registration framework, the World Intellectual Property Organization (WIPO), a specialized United Nations agency in Geneva, has administered over a million trademark registrations worldwide. Understanding the Madrid System: Two Vital Treaties The Madrid System operates under two key treaties: the Madrid Agreement of 1981 and the Madrid Protocol of 1989. While the Ag ..read more