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Intellectual Property

The Artistic Threshold: Supreme Court’s Recalibration of Copyright and Design Boundaries

Parth Chhapolia Introduction The intersection of copyright and design protection in India has long been on a murky terrain, particularly in industrial innovation, where artistic duties frequently take a functional format. Section 14 of the Copyright Act, 1957 (“the Act”) defines the ambit and extent of a copyright, whereas Section 15(2) of the Act states […]

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Intellectual Property

Satirical Journalism: Moral Rights and Criticism

Aswin S. Satirical journalism is a form of journalism which incorporates humour. Through its hyperbolic content, imitation of journalistic authority and mimicry of personalities, it is used to criticise and mock usually powerful targets. The foremost examples of such ‘news outlets’ include The Onion in digital media or print form and The Daily Show in […]

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Intellectual Property

AI, Smart Contracts, and Blockchain: The New Frontier of Intellectual Property Management

Mathews Verghese & Anisha Mishra Introduction The introduction of smart contracts, self – executing and self – enforcing mechanisms, post the Bitcoin boom of 2008, rallied a revolution within the technological industry. It provided methodology, to ensure compliance of contractual terms and maintenance of trust within parties. These contracts relied on pre – programmed sequences, […]

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Arbitration Intellectual Property

Navigating Uncharted Territories: Arbitrability of IPR Disputes

Ishita Warghat Introduction In recent years, the intersection between Intellectual Property Rights (‘IPR’) and Arbitration has emerged as a significant legal terrain, raising complex questions about the arbitrability of IPR disputes. India, with its robust legal system, stands at the forefront of this evolving landscape. Section 34 of the Arbitration and Conciliation Act, 1996 talks […]

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Intellectual Property

Grey Markets: The Enigma in IPR Law

Anusha Maurya Grey market goods in general parlance refer to goods sold out of parallel imports or arbitrage. These goods are diverted from an authorized distribution channel to an unauthorized seller or outside the lawfully permitted distribution channel. Due to the Covid-19 pandemic, transactions in these markets nowadays are on an upsurge. Unauthorized mode of […]

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Intellectual Property

Section 4A of the Draft Competition (Amendment) Bill, 2020: A Legislative Blunder Endorsing IPR Monopoly and Disrupting Balance

Yash Raj and Smriti Shukla This post has been revised to properly acknowledge the contributions to the argument made by Dr. Vikas Kathuria. The Ministry of Corporate Affairs [“MCA”] in February 2020, released in the public domain, the Draft Competition (Amendment) Bill, 2020[1] [“the Bill”] based on the report submitted in July, 2019 by the Competition Law […]

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Intellectual Property Technology

From ‘who’ to ‘what’: Proposed Paradigm shift in Patent Law

By Aditya Gupta   “The short-term impact of AI depends on who controls it, the long-term impact depends on whether it can be controlled at all” – Stephen Hawking[1] Introduction As abstract and far-fetched as it may sound, two patents have been filed before the US Patent and Trademark Office, the European Patent Office, and […]