Copyright And Fair-Use In India During Covid-19

A balance needs to be maintained between educational fair-use exceptions and the rights of copyright owners. While we adapt to our new normal, questions about how copyright law relates to online education have arisen. The use of copyrighted material for educational purposes is exempted under Sections 52(1)(h) through Section 52(1)(j), which is decided on the purpose and manner of the use of the co...
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Copyright Issues In The Music Industry

There are numerous copyright infringement cases in illegal derivative works and copies of copyrighted musical compositions happening in India every day. Despite high-profile figures from the Indian film and music industries being caught up in similar offences, infringement persists unabated by the Indian judicial system. The Indian courts do not strictly enforce copyright rules, and the general pu...
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How Can Trademarks Be Useful For MSME?

Trademark is one of the IP rights that can be found in the business of every enterprise in today’s time. A trademark that is enforceable by law and can be given protection can go a long way for any business. It protects any mark that helps the consumer associate the goods and services covered under such mark....
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What Is In That Basket- Infringement Or Bullying?

We recently witnessed a trademark battle between India’s largest online grocery marketplace BigBasket and a budding online grocery delivery startup Daily Basket where a cease-and-desist notice was served to the start-up for trademark infringement and brand name violation over the use of the term 'basket', which happens to be common in the names of both the companies. ...
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Can Religious Symbols Be Granted Trademark Protection?

In India, everybody has the right to freedom of worship, and religious names in trade and commerce are common. People are so emotionally committed to their religious beliefs that it is convenient for companies to link their goods and services to the same. Fortunately, trademarking pictorial depictions of deities is not currently practicable....
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Banksy Loses Trademark Battle Over Bad Faith Finding

Introduction Banksy’s past statements and actions have come back to haunt him, as on 18th May 2021, he lost another trademark in the high-profile IP dispute between him and Full Color Black Limited. EUIPO Cancellation Division, in its judgement, held that Banksy’s trademark is “declared invalid in its entirety” and his representatives will “bear the costs” […]...
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The Contribution Of The Angosutra To The Carribean Twin Islands

Trinidad and Tobago had started this centuries-old history of distilling rum after the arrival of the Europeans. Rum is an alcoholic beverage manufactured from molasses and is a by-product of sugar cane farming. Angostura Limited (Angostura) is one corporation that has impacted the Trinidad and Tobago economy via the use of a rich intellectual property (IP) portfolio comprised of trade secrets, tr...
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