Understanding Obscenity Laws: Tests, Judicial Interpretations, and Media Impact
IIPRD Blog | Intellectual Property Discussions
by IIPRD
3h ago
Introduction Obscenity laws have a significant impact on the media and expression landscape, determining the parameters of what is considered appropriate for general public consumption. By prohibiting content that is deemed offensive, morally repugnant, or potentially harmful to public decency, these laws aim to protect society values. But the definition of obscenity is not always the same,  it can be interpreted differently and changes over time in response to changing social mores and cultural standards. Therefore, navigating the complicated world of media content regulation requires an ..read more
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The Role of Mediation in Insolvency Proceedings
IIPRD Blog | Intellectual Property Discussions
by IIPRD
6d ago
INTRODUCTION In the realm of insolvency proceedings, mediation has emerged as a pivotal tool for resolving disputes and facilitating effective negotiations between the parties involved. This article provides a comprehensive overview of the significance of mediation in insolvency proceedings and its potential impact on the future of the insolvency landscape. In this article, we will see the role of mediation in the insolvency proceedings. MEDIATION IN THE CONTEXT OF INSOLVENCY Mediation, as a form of ADR, holds immense potential in the context of insolvency proceedings. It offers a structured a ..read more
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Debate and Discussion over Film Title Copyright Are Highly Contentious
IIPRD Blog | Intellectual Property Discussions
by IIPRD
1w ago
Introduction Shepard Fairey, renowned for his pioneering stance in the early days of copyright legislation, articulated a powerful argument. He passionately contended that copyright regulations should be a wellspring of inspiration for creativity rather than a stifling impediment. In his view, the fundamental purpose of copyright was not to hinder but to cultivate the innovative spirit, igniting the flames of human imagination. Delving further into the realm of intellectual property protection, especially concerning integrated circuit (IC) layout designs, it becomes evident that a multifaceted ..read more
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Overview of Ticona Polymers, Inc. vs. Registrar of Trademarks
IIPRD Blog | Intellectual Property Discussions
by IIPRD
1w ago
INTRODUCTION The matter at hand involves an appeal coming from the Senior Examiner at the Registrar of Trademarks’ office rejecting a trademark application. This appeal is covered by Section 91 of the Trade Marks Act of 1999. Ticona Polymers intended to register the term “COOLPOLY” for two product categories, however their application was denied for two reasons: the proposed mark lacked distinguishing characteristics, and the words within the mark were deemed descriptive of the product. WHAT IS A TRADEMARK? According to Section 2(1)(zb) of the Trade Marks Act, 1999, a trademark is defined as a ..read more
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Media trials: Misuse of Fundamental Right?
IIPRD Blog | Intellectual Property Discussions
by IIPRD
2w ago
“I would rather have a complete free press with all the dangers involved in the wrong use of that freedom than a suppressed or regulated press” –Jawaharlal Nehru Abstract The media, touted as the societal bridge and the fourth pillar of democracy, risks transforming into a purveyor of sensationalism under the guise of journalism. Recent events underscore a disturbing trend where commercial media outlets, driven by the pursuit of TRPs and competitive fervour, metamorphose into pseudo-public courts. This shift sees them orchestrating trials sans concrete evidence, undermining not only public per ..read more
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Impact of AI on Trademark Law: Recent Developments and Future
IIPRD Blog | Intellectual Property Discussions
by IIPRD
3w ago
Introduction In this rapidly changing world of Intellectual Property law, artificial intelligence is transforming trademark law by challenging long-held beliefs. The intersection between trademark law and artificial intelligence providing excess to opportunities and challenges, making a deep understanding of both present developments and the potential long-term effects. Artificial Intelligence has transformed trademark management processes by offering exceptional levels of efficiency and accuracy in work such as trademark monitoring, enforcement and research. These technologies carry on to pro ..read more
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Eye Witness Testimony: An Absolute Proof
IIPRD Blog | Intellectual Property Discussions
by IIPRD
3w ago
Abstract The article delves into the critical examination of two key pieces of evidence in criminal trials: eyewitness testimony and extra-judicial confessions, underlining their significance and limitations within the Indian legal framework. Eyewitness testimony, often considered the cornerstone of evidence, is meticulously dissected. While it’s deemed crucial for trial quality, inherent flaws such as memory lapses, observation errors, and external influences are acknowledged. The landmark case of Vikas Kumar Roorkewal v. State of Uttarakhand & Ors is cited to exemplify the challenges wit ..read more
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Defining Digital Assets for Private Law: A Setback for Private Law cum Public Law Countries
IIPRD Blog | Intellectual Property Discussions
by IIPRD
1M ago
Abstract The UNIDROIT Principle on Digital Assets and Private Law was adopted by the UNIDROIT Governing Council at its 102nd session (10-12 May 2023). These comprise guidance and best practices for legislators in developing the private law framework for transactions involving digital assets. These ideas stand for one of the seven guidelines are one of UNIDROIT’s many efforts to simplify how developing technologies are treated under private law internationally. The principles do not address the regulatory framework that should be applied to digital assets or other related private law matters be ..read more
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Design, piracy and it’s remedies under the Designs Act, 2000
IIPRD Blog | Intellectual Property Discussions
by IIPRD
1M ago
Introduction According to [1]Section 2(qq) of the Copyrights Act, a “performer” is defined as someone who engages in various artistic activities, including the ones who perform dace, singing, acrobatics, conjuring activities, snake charming, delivering a lecture and others involved in making performances. Under India’s Copyright Act of 1957, performance rights were established in 1994. However, such rights usually went unacknowledged worldwide until the “Convention of Rome” in 1961. It acknowledged the rights of performers and made it clear that without their permission, works created by them ..read more
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Legality Of Non-Compete Clauses In The Employment Contract In India
IIPRD Blog | Intellectual Property Discussions
by IIPRD
1M ago
Introduction The Constitution of India, in accordance with Article 19 (1)(g)[1], confers on each and every citizen with the fundamental right to practice any profession, or to carry on any occupation, trade or business. This right, however, is not absolute in nature and is subject to reasonable restrictions. One such restriction is the non-compete clause in employment agreement. In today’s highly competitive world, every employer seeks to take preventive steps or safeguards for the anticipated threat they hold from their competitors. However, the most anticipated threat employers hold is from ..read more
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