intellectual-property

N.K Thridev Prince B.Com., LL.B, St. Joseph’s College of Law ABSTRACT Can your thoughts be considered property? Can it be sold?, bequeathed?, or stolen? These questions have transcended science fiction and entered the domain of live legal inquiry with the advent of Brain-Computer Interface (BCI) technology. Elon Musk's Neuralink, a device capable of capturing, decoding, and transmitting the brain…

Aryan Leander Wishard ABSTRACT Copyright law has always had to absorb new creative technologies, from the camera to the photocopier to the computer. Generative artificial intelligence is the most disruptive of these technologies yet, because it does not merely assist human creativity but, in certain configurations, appears to substitute for it entirely. This essay examines how courts and the Unit…

Neha Meena, National Law University and Judicial Academy, Assam “Innovation distinguishes between a leader and a follower”– Steve Jobs Intellectual property rights are cornerstones of the innovation-driven economy, ensuring inventors and creators are accorded an exclusivity, albeit limited, ownership of their inventive contribution. Among these rights, patents hold a central position, ensuring te…

Garvita Singh, B.Com LL.B., Institute of Law, Nirma University ABSTRACT With the growth of influencer marketing, trademark law has taken on a new set of challenges. Social Media Influencers (SMIs) promote brands, make use of third-party marks on social media platforms and are operating in a legal vacuum, well beyond the scope of existing laws. This article compares the concept of trademark law ac…

Mr Kaustav Chowdhury, LL.M., KIIT School of Law, Bhubaneswar ABSTRACT The human voice is an essential aspect of both individuality and creative identity. The recent developments in the realm of generative AI technology have facilitated realistic voice cloning and resulted in the emergence of numerous AI-generated vocal covers. The mentioned situation demonstrates important weaknesses of the curre…

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler discuss the court’s ruling, where Brandy Melville’s trademark claims fell short, and whether a different trademark argument could have changed the outcome. They cover: Tune in for a clear look at where copyright protection ends and trademark law begins. Watch this... Continue Reading

Humanities and Social Sciences Communications, Published online: 12 June 2026; doi:10.1057/s41599-026-07956-9 Deepening of intellectual property provisions in regional trade agreements and embeddedness in global innovation networks

Nitya Pasari, LLB (Hons.), Jindal Global Law School, O.P. Jindal Global University ABSTRACT The shift to autonomous and generative systems from traditional AI, is challenging the doctrinal and conceptual foundations of Intellectual Property Law. The essence of the law has always been human creativity, intention for creation, authorship, ownership, and inventorship, the current legal frameworks ar…

Prohibiting Adversarial Patents Act would make certain patents unenforceable while leaving ownership intact A newly introduced bill in Congress concerning “adversarial patents” could extend U.S. scrutiny of certain foreign technology companies into a new area: intellectual property rights. The Prohibiting Adversarial Patents Act of 2026 (PAPA), introduced by Rep. Scott Fitzgerald (R-WI) and co-sp…

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In a voice vote earlier this week, the House of Representatives passed H.R. 6028, the “Legislative Branch Agencies Clarification Act.” The legislation is presented as a technical reorganization of some government agencies, but it’s much more than that. H.R. 6028 would fundamentally change the U.S. Copyright Office, and not in a good way. The bill removes the Library of Congress’ current superviso…

The Delhi High Court recently delivered a ruling concerning the intersection of trademark and copyright law while adjudicating a petition filed by Fortune Marketing Private Limited seeking cancellation of a copyright registration granted in favour of Gujarat Pesticides for the artistic work “ZOOOK.” The case raised significant questions regarding the extent to which copyright registration...

Can a brand command legal protection in India before it officially enters the market? The Delhi High Court’s recent decision in Toyota Jidosha Kabushiki Kaisha v. Tech Square Engineering Pvt. Ltd. answers this with a clear yes, provided the reputation had already spilled over into India. BRIEF FACTS Toyota challenged the registration of the mark...

Context I am a solo developer and digital strategist. I operate an ecosystem of projects combining technology, automation, and artificial intelligence. At a certain point in the development of one of these projects, I decided to formalize the intellectual property of the software I had built by registering it with INPI, Brazil's National Institute of Industrial Property. The decision was not imme…

Denim giant claims trademarked design has been copied by S-Double, which was founded in 2008 by Shawn Stussy and is owned by the Melbourne-based clothing company Global jeans giant Levi’s has launched legal action against Australian clothing company Globe and one of its brands for sewing tags on to pockets – which it says is “blatant copying” of its trademark design. The US denim giant made the s…

S. Rahamathunisa, The School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai ABSTRACT Generative Artificial Intelligence has posed serious problems for copyright law with regard to the use of copyrighted resources for AI training.AI trained using the large datasets of book, articles, music ,sounds and other protected works without the consent of the copyright owners. Thi…

Deepika Tripathi, BBA LL.B. (H), Amity Law School, Amity University Madhya Pradesh ABSTRACT The digital marketplace has dramatically altered the IP landscape from consumer confusion to brand equity erosion. However, when it comes to cross-border digital events like algorithmic keyword advertising, targeted meta-tagging, domain squatting, and decentralized Web3 brand implementation conventional di…

In 1999 This Was a Federal Crime. In 2026 the Hardware Is $22 and the Software Is Free. I went to rip a movie from my own DVD collection. It surfaced dead anti-piracy infrastructure, a defunct Japanese DRM company, and a twenty five year old executable that was still trying to phone home The Setup I just wanted to see if I could do it. The disc was Gladiator, a two-disc set that has been on my sh…

Why can websites like MusicBrainz legally include copyrighted music information in it, without paying licenses, and also release the info under a free license (MusicBrainz' core metadata is licensed ...

Pratham Srivastava, D.A.V. Degree College, Lucknow (Affiliated with the University of Lucknow) In the vibrant digital bazaar of contemporary India, where a 15-second reel can catapult a small- town creator to national stardom overnight, the traditional boundaries of intellectual property are being tested like never before. The Indian creator economy, projected to reach a staggering ₹10,750 crore …