Alliance Center for
Intellectual Property Rights
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AI CONTENT: WHO OWNS IT?
October 1, 2024
Mr. Arpan Soni
Artificial Intelligence (AI) has emerged as a potent creative force in today’s world, capable of producing everything from software codes and research papers to art and music. However, as AI becomes more ubiquitous, a pressing legal question arises: who owns the copyright to content generated by AI algorithms?
DECODING TRADEMARK RECTIFICATION: MADRAS HC'S FRESH TAKE ON THE SYNERGY OF SECTIONS 47, 57, AND 124 OF THE TRADEMARK ACT, 1999
September 15, 2024
Ms. Pratistha Priyadarshi
The inclusion of counterclaims in trademark rectification petitions has been a contentious issue in Indian trademark law. Traditionally, petitions filed under Sections 47 and 57 of the Trademark Act, 1999, are treated as separate proceedings, with no clear framework for incorporating counterclaims. This has led to significant uncertainty, especially when these sections intersect with Section 124, which governs different aspects of trademark disputes.
AN OVERVIEW OF THE SUI GENERIS SYSTEM FOR PROTECTING INDIGENOUS KNOWLEDGE WITH AN ADDITIONAL FOCUS ON INTEGRATION OF GEOGRAPHICAL INDICATIONS
September 1, 2024
Mr. Atriyo Bhattacharya
The protection of Indigenous knowledge in the face of the vast, systematic, globalized markets is a pressing challenge. The subtle conflict between the rights of the community and individual rights under the regime of IPR underscores the complexity of the issue.
ANALYSIS OF CYBERSQUATTING AND TRADEMARK CHALLENGE IN INDIA’S LEGAL LANDSCAPE
August 15, 2024
Ms. Shaik Ishrath Sadiqua
In this era of revolutionary communication, there has been a significant increase in the need for, dependance on, and usage of the internet. It serves as a platform for the companies and individual to showcase their profiles, promote, advertise, sell goods and provide services.
COMPARING COMPOSITE MARKS: RULE OF ANTI-DISSECTION IDENTIFYING DOMINANT MARKS
August 1, 2024
Mr. Dixit Parakh
The recent pronouncement by the Delhi High Court established that where a comparison of the two composite marks is in question, the rule of anti-dissection is applicable. The proprietor of such a composite mark cannot claim monopoly over a word included in that composite mark, which is in extensive general use.
DUE DILIGENCE OF PATENT PORTFOLIO AT THE TIME OF ACQUIRING A COMPANY
July 15, 2024
Ms. Bindu Sharma and Ms. Bhavya Sharma
During Merger and Acquisition (M&A) of a company there are manifold considerations that need to be looked at. One such consideration, an important one, is the Intellectual Property (IP) of the company, especially in the form of patents. The due diligence of the patent portfolio plays a crucial role in not only understanding and evaluating the market value of the portfolio, but also to keep in mind the liabilities that may accrue to maintain such patents in various jurisdictions.
IP DUE DILIGENCE AND AUDIT IN MERGERS AND ACQUISITIONS
July 1, 2024
Ms. Bindu Sharma and Ms. Janaswamy Venkata Lakshmi Tanya
IP assessment, due diligence and valuation play an important role at the time of company acquisition for buyer and seller alike as it would help them gain clarity as to what they are getting in the form of IP and whether the IP is worth acquisition or not. Typically, the IP which exists in the company is either registered or unregistered.
NAVIGATING THE RIGHTS OF A GHOSTWRITER UNDER THE COPYRIGHT ACT
June 15, 2024
Ms. Anandita Srivastava
“Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.” The concept of copyright emerges from the umbrella term of intellectual property rights, which connotes creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
IMPORTANCE OF IP FOR GROWING MSE IN INDIAN MARKETS
June 1, 2024
Ms. Bhavana Tewari
Intellectual Property Rights refers to the legal privileges given to people in exchange for their original ideas and innovations. Different types of Intellectual Property Rights include Patent, Copyright, Trademark, Trade Secret, Industrial Design. In Indian markets, intellectual property is essential to the expansion and prosperity of micro and small businesses.
FASHION KNOCKOFFS: WHERE DOES INSPIRATION END AND THEFT BEGIN?
May 15, 2024
Ms. Maushmmi M
The fashion industry is rapidly growing and thrives on inspiration, new and borrowed trends, and the reinterpretation of iconic designs. Designers combine various aspects of culture and creativity to turn their skills and ideas into reality. It is safe to say that 'inspiration' is the lifeblood of designs.
LIGHTS, CAMERA, COPYRIGHT!
May 1, 2024
Ms. Meghana Hrishita
Copyright safeguards the rights of creators and owners by prohibiting unauthorized use. As a regular practice in the film industry today, at the end of a film, we have seen the credits given to all the artists and people who were involved in the film making process. One of the main problems in the film industry is infringement through application such as telegram and websites such as Movierulz, these have emerged with the mass popularity of the internet.
OTT'S LEGAL MAZE: NAVIGATING INDIA'S STREAMING LANDSCAPE
April 15, 2024
Ms. Parnavi Satyajit Samant
“Entertainment” has always been a part of our lives, since the human civilization various source of entertainment were invented through storytelling, theatre, folk dance etc. However, with the “technology” putting its right foot forward in our life, this live form of entertainment was then captured into cameras and a birth of cinema and television industry took place.
IN THE MEME TIME: EXAMINING THE COPYRIGHT DILEMMA IN MEMES
April 1, 2024
Ms. Aditi Pandey and Ms. Jyothi Natarajan
The youth population is present on almost every social media platform, and sharing memes as a form of communication is common, forming a huge part of the internet today.
MARRIAGE MUSIC MONEY: WHAT SHALL THE EVENT MANAGERS DO?
March 15, 2024
Mr. Dixit Parakh
The amalgamation of music and marriage has always been coexisting and it is not just limited to Indian society. The debate concerning the use of copyright-protected work in wedding ceremonies has long hauled and is still finding its place in a court of law.
NAVIGATING THE DEEP: ANALYSING THE IMPACT OF DEEP FAKES ON PERSONALITY RIGHTS
March 1, 2024
Ms. Pragathi U Bhat
The increase in adoption of Artificial Intelligence (AI) and techniques of generative AI to produce creative works has raised questions on the viability of recognising AI as an author and thus granting copyright protection to the AI tool itself for the work created or the person who caused such work to be created.
RIGHTS, CAMERA, ACTION! PRINCIPIUM OF NEW TECHNOLOGIES IN THE ANIMATION INDUSTRY IN INDIA: AN UNDERSTANDING OF IPR REGIME
February 15, 2024
Ms. Shipra Dumka
Animation in India has its relevance since Indus Valley civilization, from pottery to terracotta figures and in the twenty-first century via Computer-generated imagery (CGI) it has influenced in discrete forms over the course of time.
COPYRIGHTED MUSIC AT WEDDING FESTIVITIES: THE QUESTION OF INFRINGEMENT
February 1, 2024
Ms. Aparna Tripathy and Mr. Udhav Hari Agarwal
Marriages and wedding festivities have been an integral part of Indian society since time immemorial. Music has also been an inseparable element of such festivities with various events being held surrounding the same.
IPR IN METAVERSE
January 15, 2024
Ms. Rishika Sharma
Metaverse is a virtual reality in the world of the latest technology and functions. In a Metaverse people can represent themselves through this application in a virtual world.
RE-RECORDING AND RECLAMATION OF COPYRIGHTS BY ARTISTS: THE CASE OF TAYLOR SWIFT
January 3, 2024
Ms. Maitreyi Choalla
Revisions to music contracts, particularly the "re-recording restriction clause," were reportedly considered by several big record labels, including those like Sony Music Entertainment and Universal Music Group.
GLOBAL HEALTH INNOVATION: EVALUATING THE IMPACT OF PATENT POOLING STRATEGIES IN THE PANDEMIC ERA
December 15, 2023
Ms. Immidisetty Navya Raga Sravani
The concept of patent pooling for the innovations is a very important mechanism which helps to press the healthcare needs. The patent pooling helps too strike balance between Intellectual property Rights and the public interest.
JUDICIAL ANALYSIS OF MORAL RIGHTS OF THE CELEBRITIES POSTHUMOUSLY
December 1, 2023
Ms. Anchal Kanthed
Ms. Sameena Sayyed
Roscoe Pound’s theory of “the law must be stable, and yet it cannot stand still” is extremely relevant in this age where law, being a form of social engineering, must play a role in balancing the competing interests of society
IPR REGIME AND FASHION PIRACY IN INDIA
November 15, 2023
Ms. Spruha Mahale
In the colourful tapestry of India’s diverse culture and heritage, the world of fashion weaves a story of its own. From vibrant textiles to intricate embroidery, India’s fashion industry traces its roots back centuries.
COPYRIGHTABILITY OF CONTEMPORARY ART
November 1, 2023
Ms. Shreyanshi Singh
The rise of Artificial Intelligence (AI) has altered people’s lives, workplaces, as well as various industries such as healthcare and banking.
COLOR TRADEMARKS IN THE POTATO CHIPS INDUSTRY
October 15, 2023
Ms. Srijita Adak
The rise of Artificial Intelligence (AI) has altered people’s lives, workplaces, as well as various industries such as healthcare and banking.
VIDEO GAME STREAMING: COPYRIGHT INFRINGEMENT OR RIGHT?
October 1, 2023
Mr. Sanskar Dubey
The rise of internet intermediaries has influenced every aspect of our life. These intermediaries provide an opportunity for people to express their opinions by hosting user generated content.
INVENTING INVENTOR: RETHINKING IP PROTECTION FOR AI CREATIONS
September 15, 2023
Mr. Varun Kumar Gupta
Ms. Riddhi Goyal
The rise of Artificial Intelligence (AI) has altered people’s lives, workplaces, as well as various industries such as healthcare and banking.
INTERMEDIARY LIABILITY UNDER COPYRIGHT REGIME
September 1, 2023
Mr. Gautam Badlani
The rise of internet intermediaries has influenced every aspect of our life. These intermediaries provide an opportunity for people to express their opinions by hosting user generated content.
IMPACT OF EVOLVING DISRUPTIVE TECHNOLOGIES ON IPRs
August 15, 2023
Mr. Vivek Kumar Gupta
The fact-paced progress of technology has resulted in substantial transformations across multiple industries, particularly in the realm of Intellectual Property Rights (IPR).
STAR INDIA PVT. LTD. V. MOVIESTRUNK.COM & ORS: DEMYSTIFYING DIGITAL PIRACY
August 1, 2023
Ms. Anushka Rao
The present case revolves around the infringement of exclusive rights and copyright via digital piracy. The act of unlawfully copying and reselling digital media, such as music, video, art, etc., is known as digital piracy.
OPEN-SOURCE SOFTWARE AND THE RIGHTS INVOLVED IN IT
July 15, 2023
Mr. Tapas Debnath
In order to interact with computers, we have to interact with the system through software which can be broadly classified into two categories, namely open-source software and proprietary or closed source software.
ROLE OF INTELLECTUAL PROPERTY RIGHTS IN THE PROTECTION OF FOLKLORE
July 1, 2023
Ms. Chingireddy Sony
India is a country of cultures and traditions that are followed by the people in their day-to-day life. It is a secular country with diverse states characterized by different languages, customs, and traditions.
USER-GENERATED CONTENT AND IPR LAWS
June 15, 2023
Mr. Anshuman Jamkiar
The internet era has made content creation and sharing it with the world very convenient and easy Online platforms like YouTube, Instagram, and TikTok are continually growing, thanks to the increasing number of creators who use them daily.
HISTORICAL EVOLUTION OF PATENT SPECIFICATION
June 1, 2023
Ms. Maanyaa Anand
Patent Specification is a sine non-quo of the law relating to patents as it firmly establishes the quid pro quo between the inventor and the public. It helps to internalize a reign of the capitalistic and minimalistic economy at the same time.
THE CHALLENGES IN SAFEGUARDING THE INTELLECTUAL PROPERTY IN THE GAMING INDUSTRY
May 15, 2023
Mr. Bhavesh Ambadkar
The Gaming Industries, though a smaller sector within the entertainment industry, has garnered significant attention from individuals of all ages over the years.
PERSONALITY RIGHTS IN INDIA: A CRITIQUE
May 1, 2023
Mr. Animesh Chaturvedi
Ms. Mili Rawat
Personality rights refer to a n individual's legal right to safeguard their identity under the broader umbrella of the right to privacy or property./p>
UNLOCKING THE BLUEPRINT: DECODING THE STANDARD COMPONENTS AND HEADINGS OF PATENT SPECIFICATION DRAFTING
April 15, 2023
Mr. Tushar Patidar
The patent system is designed to protect and promote innovation by granting exclusive rights to inventors for a limited period. However, the process of obtaining a patent can be challenging, especially for those who are not familiar with the technicalities of patent specification drafting.
BEAWARE! HASHTAGS CAN ALSO LEAD TO TRADEMARK INFRINGEMENT SUIT
April 1, 2023
Ms. Trupti Udaykumar Shetty
Trade mark is one of the many branches of Intellectual Property. Whenever we think about any product many images pop-up in our mind such as the brand names, its signature colours, jingles related to that product etc. all these things constitute a trademark.
PROTECTING FAN FICTION: DOES INDIAN COPYRIGHT LAW NEED AMENDING?
March 15, 2023
Ms. Arushi Dubey
Many of us have been disappointed at least once in our life with the ending of our favorite books or web series and have wanted to change those endings by giving our own interpretations.
RIGHT TO REPAIR – AN INTELLECTUAL PROPERTY DEBATE?
March 1, 2023
Mr. Ankesh
The talks around the Right to Repair have been gaining momentum, although at a slower pace, and have seen the response to it in the same manner. Protection of Intellectual Property Rights is a defence propagated against the Right to Repair by some.
ROLE OF CUSTOMS IN ENFORCING INTELLECTUAL PROPERTY RIGHTS
February 15, 2023
Mr. Rajesh T. V.
The existence of Intellectual Property is from time immemorial, the same was identified and witnessed as a 'property' in recent times. When it was learnt that Intellectual 'Property' could be used commercially, or to make a financial gain, there arose a necessity to treat the same as property.
IP AND INTERNATIONAL INVESTMENT AGREEMENTS: UNDERSTANDING THE OLD AND NEW ARGUMENTS
February 1, 2023
Ms. Ipsita Sarkar
In the growing economic-centric global scenario, there has been a steady increase in Intellectual Property (IP) involvement in international transactions.
E-COMMERCE WEBSITES AND TRADEMARK INFRINGEMENT: SELLERS 'LATCHING-ON' TO GOODWILL?
January 15, 2023
Mr. Paarth Samdani
The past decade has witnessed a rapid transition in terms of technological advancements. With the advent of such developments, the growth of e-commerce and m-commerce platforms remains unforeseeable.
BUYING PATENTS: IMPORTANT CONSIDERATIONS FOR BUYERS
January 2, 2023
Ms. Bindu Sharma
Ms. Bhavya Sharma
Buying patent(s) is a very effective way for the companies to increase size of their patent portfolio and get access to the new and latest innovations without spending much time and money on R&D.
Objectives of the Blog
- To develop knowledge in a creative manner
- To enhance research skills
- To provide a creative platform for discussing developments in the field of IPR
- To explore, gain and increase knowledge in various fields of IPR
Blog Mechanism
- The blog will run on a rolling basis, accepting submissions throughout the year
- The blog will publish short articles, case summaries, case comments and analyses on contemporary developments in the fields of IPR
- Who can submit: Faculty, Research Scholar, Student, IP attorney, and Advocates
Guidelines for the Blog
- The theme of the blogs should deal with any contemporary topic related to Intellectual Property Law.
- Authors are encouraged to submit plagiarism-free articles. Articles with more than 10% plagiarism shall be rejected.
- Co-authorship of a maximum of 2 is permitted.
- Articles should be limited between the range of 600-1500 words.
- Articles must contain references as end notes.
- Formatting Guidelines: Body: Font Style: Times New Roman; Font Size: 12; Line Spacing: 1.5.
Headings: Font Style: Times New Roman; Font Size: 14; Style: Bold.
Endnotes: Font Style: Times New Roman; Font Size: 10; Line Spacing: 1.0. - The method of Citation shall be Bluebook 20th edition.
- All submissions should be in MS Word format only.
- Use of first-person shall be avoided.
- All pages shall be numbered.
- All the papers should be submitted with a cover page with the following information: Name, Institutional Affiliation, Correspondence Address, E-Mail ID and Phone Number.
- Alliance Centre for Intellectual Property Rights (ACIPR), Alliance School of Law, Alliance University, Bengaluru shall be the sole copyright owner of all the published materials.
- Papers should be submitted along with a duly signed declaration in the prescribed format.
- All contributions should be submitted to the Email of ACIPR - acipr@alliance.edu.in
- All submissions must adhere to submission guidelines as mentioned on the ACIPR website.
TEAM
- Chief Patron
- Mr. Abhay G. Chebbi
Pro-Chancellor, Alliance University
- Editor-In-Chief
- Dr. V. Shyam Kishore
Professor and Interim Dean, Alliance School of Law
- Faculty Editors
- Dr. Upankar Chutia - Assistant Professor, Alliance School of Law
- Dr. Akriti Gupta - Assistant Professor, Alliance School of Law
- Mr. S Chakravarthy Naik - Assistant Professor, Alliance School of Law
- Ms. Ancy P Anto - Assistant Professor, Alliance School of Law
- Mr. Aman Gautam - Assistant Professor, Alliance School of Law
- Student Editors
- Mr. Paarth Samdani
- Ms. Ipsita Sarkar
- Mr. Ajinkya Malgaonkar
- Ms. Sonam Pradhan
Alliance Center for Intellectual Property Rights (ACIPR)
Alliance School of Law, Alliance University
Chikkahagade Cross, Chandapura - Anekal Main Road, Anekal, Bengaluru – 562 106, Karnataka, India.