An Overview of Intellectual Property in Contracts
Kashish Intellectual Property Group
by admin
3y ago
Owners of businesses enter into contracts with others for various reasons. However, they may not always be aware of or fully appreciate the legal implications on the company’s valuable Intellectual Property (IP) assets, such as trademarks, copyright, patents, and trade secrets. These intangible property rights and interests are of substantial value to the company either at present or in the future. Therefore, the business contract of a company must address the issue of ownership of the IP in question clearly and concisely. The company must ensure that the contract contains a clearly expressed ..read more
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A Guide to Securitization of Intellectual Property Assets
Kashish Intellectual Property Group
by admin
3y ago
In the earliest days, economic advantages were rooted in tangible property like real estate, personal property, or different forms of natural resources. There has been a shift in this paradigm with the introduction of the modern-day economy, which has garnered almost every country’s economic progress based on Intellectual Property Rights (IPRs) through information embedded products and services like pharmaceuticals, computer software, databases, films, musical works, broadcasts of sporting events, and brand names. Understanding the potential of these resources is very crucial for the growth an ..read more
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Remix Culture and Copyright
Kashish Intellectual Property Group
by admin
3y ago
Remixes and remade versions of songs and music pieces have become a common affair in all music and movie industries alike. A remix is a piece of media, which has been modified, altered, or contorted from its original version by either adding, removing, or changing the original version. The term can be used for a song, artwork, a book, video, poem, or even a photograph, but here, the reference is to music. It has been observed that most of the cultures around the world have developed and evolved through the mashing up of different cultures. Consider the arts and architecture of Renaissance Euro ..read more
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Trademark Families – What are they and Why are they Important?
Kashish Intellectual Property Group
by admin
3y ago
A family of marks is defined as “a group of marks having a recognizable common characteristic, wherein the marks are composed and used in such a way that the public associates not only the individual marks but the common characteristic of the family, with the trademark owner.” The common element may be a term, a phrase, or a component like a prefix or a suffix. Perhaps the most famous family of trademarks is owned by McDonald’s. For example, McMuffin, McVeggie, McNuggets, and McCafe are all a part of a family of trademarks owned by McDonald’s. Another example is Toys”R”Us, which owns a family ..read more
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Analyzing the Newfound Mexican Copyright Law
Kashish Intellectual Property Group
by admin
3y ago
The new-modeled Mexican law on copyright is a blatant cut-copy and pasted version of the Copyright Law in the United States, as the same is a result of the culmination of the United-States-Mexico-Canada Agreement (USMCA). Take, for example, the implementation of the Digital Millennium Copyright Act (DMCA) – like legislative provision in Mexico. It has been adhered to even after its many drawbacks, like its ability to serve as a barrier to free expression, education, competition, etc. The same has introduced a burdensome regime in Mexico, which probably works in favor of the first-world countri ..read more
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Dynamic IP Injunctions: Need of the Hour
Kashish Intellectual Property Group
by admin
3y ago
What can an Intellectual Property (IP) rights owner do when his music, film, or other content is spread to mirroring or redirecting websites? The answer lies in something known as a ‘dynamic injunction,’ which benefits both the IP owner and the courts from adjudicating the same case over and over again. Digital piracy is a result of changing technology, consumer preferences, and business models. The internet has enabled new ways of violating Intellectual Property Rights (IPRs), and consequently, difficult challenges in the IP legal framework in different jurisdictions have arisen. Interestingl ..read more
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Memes and Copyright
Kashish Intellectual Property Group
by admin
3y ago
The word meme has recently gained popularity, but its origin can be traced back to the year 1976 in a book by Richard Dawkins, ‘The Gene,’ in which he defined it as a unit of cultural meaning, such as a value or an idea, that is passed on from one generation to another. Contrary to that understanding, today, memes could be conceived as illustrations, photos, or movie excerpts, which are super-imposed with texts in a humorous undertone; hence, placed in an entirely fresh and funny context. These jokes are usually ironic and critical. Since their basic nature is humorous and the intent is not to ..read more
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Preserving Art with Intellectual Property Law
Kashish Intellectual Property Group
by admin
3y ago
The protection of artwork is a growing concern in today’s modern world, where it has become easy to imitate artwork with just the click of a button that reproduces it digitally. So, when we talk about protecting art, a few forms of Intellectual Property Rights (IPRs) are of particular importance – namely Copyright, Industrial Designs, and Trademarks. Artists, designers, sculptors, and many other creative professionals use creative expression and skill to create unique works that ought to be protected. While litigation involving unauthorized use of an artist’s work has become frequent ..read more
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IP Strategy: Do’s and Don’ts for Startups
Kashish Intellectual Property Group
by admin
3y ago
In the words of Mark Getty (‘Blood and Oil,’ The Economist, March 4, 2000): “Intellectual property is the oil of the 21st century. Look at the richest men a hundred years ago; they all made their money extracting natural resources or moving them around. All today’s richest men have made their money out of intellectual property.” Intellectual Property (IP) plays a vital role when it comes to startups for the reason that a startup may put a lot of hard work and capital that it has invested and curated on the line, which could risk its competitiveness, and in many other cases, its existence as we ..read more
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Liability of E-Commerce Websites for Trademark Infringement
Kashish Intellectual Property Group
by admin
3y ago
One of the benefits of the advancement in information and communication technology is the emergence of online markets, otherwise known as e-commerce websites. Over time, these websites have become the preferred choice of shopping for many since it is perceived that purchasing desirable products online is much more convenient. The products and services provided by e-commerce websites have also advanced from just offering electronics and household products to virtually all products and services that humans require. The attractiveness of e-commerce websites to the people, which has led to its pop ..read more
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