intellectual-property

Shubham Verma, Ph.D. Scholar, University of Lucknow, Lucknow Surbhi Khurana, Ph.D. Scholar, Gujarat National Law University, Gandhinagar Shobhit Sainesh Awasthi, Ph.D. Scholar, Dr. RML National Law University, Lucknow ABSTRACT The proliferation of deepfake technology - audio, video or images created by advanced artificial intelligence (AI) systems - has significantly transformed the contemporary …

Zoha Khanam, LL.M. (Intellectual Property Law and Management) National Law University Delhi. ABSTRACT The metaverse is no longer a distant fantasy. It is a rapidly growing digital world where people buy, sell, and create every day. But as this virtual universe expands, our laws are struggling to keep up. This paper explores one of the most urgent legal paradoxes of our time: the metaverse is comp…

Rabjeet Singh & Dr. Trapti Varshney, Amity University, Noida ABSTRACT The digital revolution has radically altered the production, storage and distribution of information, and computer databases are now at the core of modern business, science and government activity. This term paper is a critical discussion of the nature, scope, and sufficiency of copyright protection of computer databases in…

Who Owns Music? A Historical And Legal Study Tracing The Origins Of Music Copyright, Developments, Difficulties In Owning Musical Ideas, Conflicts Between Sampling, Improvisation And Originality, Recent Controversies Of Copied Compositions And Remakes, Adequacy Of Present Copyright Laws And Proposals For Future Copyright Reform Addressing Modern Music Industries Khushi Anwer, Faculty of Law, Jami…

Shivang Tandon, Faculty of Law, University of Lucknow ABSTRACT Originality and authorship have always remained the premise of copyright protection. However, these traditional notions have been challenged by the AI-generated output, as it involves no or minimal human intervention. AI- generated works challenge this foundation by enabling machines to autonomously produce content ranging from litera…

Aditi Garg, Department of Laws, Panjab University, Chandigarh ABSTRACT The current paper examines the dynamic quality of color trademarks recognition under the law and how it would impact upon the market power under the luxury branding to the competition law. Non-conventional trademark color as an element of brand identity has now turned into a potent tool of the brand image, particularly in the …

The estates of Noel Redding and Mitch Mitchell, who both died in the 2000s, disputed the copyright of studio recordings from the 1960s The estates of two of Jimi Hendrix’s former bandmates have lost a high court case against a major record label. Owners of the estates of bassist Noel Redding and drummer Mitch Mitchell took legal action against Sony Music Entertainment UK (SMEUK), claiming they we…

Deepanshu Soral, Jagannath University, Jaipur Dr. Suman Paliwal, Jagannath University, Jaipur ABSTRACT Artificial Intelligence (AI) is rapidly transforming the landscape of creativity, innovation, and knowledge production. Unlike traditional technologies, contemporary AI systems are capable of autonomously generating artistic, literary, and technical outputs, some of which may qualify for intelle…

Sathyapriya B, The Tamilnadu Dr. Ambedkar Law University ABSTRACT Copyright law grants exclusive rights to authors over the use and exploitation of their original works including the right to license such works for consideration. However to balance these exclusive rights with public interest copyright law recognises certain limitations and exceptions most notably the doctrine of fair use and fair…

Sanvi Singh, Symbiosis Law School Pune ABSTRACT The Indian copyright system faces increasing demands to manage creative works and commercial activities which have emerged after its original design because the system must now handle blockchain-based non-fungible tokens and AI-based generative systems and human-machine collaborative artworks. The Copyright Act of 1957 protects original literary and…

Prakhar Rai, LL.M. (Business Law), Amity Law School Lucknow, Amity University Uttar Pradesh Lucknow Campus Dr. Roshni Shrivastava, Associate Professor of Law, Amity University Uttar Pradesh Lucknow Campus ABSTRACT This paper provides a comprehensive analysis of the dual legal framework governing trademark protection in India, which harmonises explicit statutory rights under the Trade Marks Act, 1…

Xuan-Thao Nguyen* & Elizabeth Porter** Download a PDF version of this article here. The humanities have long been under attack; now Big Tech is eating them for breakfast. Artificial Intelligence is undermining the cultural and constitutional values of human creativity; it is also threatening the livelihoods of the creative working class. Because neither Congress nor […]

OpenAI, Inc. develops artificial intelligence software involving large language models (“LLM”) known as ChatGPT.  In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. On February 12, 2024, a District Court in the Northern District of California issued its Order and ruled on the OpenAI defendants’... …

The Elgin Marbles were removed by a British aristocrat in the early 1800s from temple walls in Ottoman-controlled Greece. The sculpture collection was shipped and sold to the British government, where they have been on display in the British Museum.  Ownership of the marbles has been the subject of a long standing international dispute. The […]

The Engelberg Center on Innovation Law & Policy at NYU Law studies the drivers of innovation and law and policy that best support innovation. The Center has a wide variety of interest areas, including, but not limited to, intellectual property, privacy, and competition law and policy. In a sit-down with Michael Weinberg, the Engelberg Center’s […]

Understand the Legal Status of Plagiarism: Consequences and Ways to avoid plagiarism Plagiarism is legally punishable in many countries, often treated as copyright infringement or academic dishonesty. While unintentional plagiarism may lead to penalties like fines or reputational damage, deliberate plagiarism can result in lawsuits or expulsion in educational institutions. Protecting intellectual…

Our Fall 2022 Issue—Volume 12, Issue 1—focuses on interdisciplinarity in understanding the development and future of intellectual property law. First, Professor S. Sean Tu and Charles Duan present a study of patent litigation of pharmaceutical patents, modeling their case study after the Amarin v. Hikma string of litigation. Their empirical analysis of both parties’ patent […]

The following post comes from David Ward, a 2L at Scalia Law and a Research Assistant at CPIP. By David Ward Venture capitalists pouring money into a small startup has become a sort of new American Dream for many innovators. The success stories of big American companies starting with nothing more than an idea have […]

Professor Lisa L. Ouellettea at Stanford Law recently published an article titled “How Do Patent Incentives Affect University Researchers?,” and it prompted me to reflect back on my experiences with patents as a university researcher. Before coming to NYU Law, I was once a doctoral student in Cornell’s Electrical and Computer Engineering program where I […]

Recently, state governments have begun to claim a copyright interest in their official published codes of law, in particular arguing that ancillary materials such as annotations to the statutory text are subject to state-held copyright protection because those materials are not binding commands that carry the force of law.