Copyright and Music Licensing

Have you ever wondered whether the music that a cafe plays for its customers requires a license? The answer is yes. Such actions require a Music License. A music license is a right granted by the copyright holder or his/her agent for the broadcast, recreation, or performance of a copyrighted work. A music license ensures that […]

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Enforcement of Intellectual Property Rights – A Brief Outline

Just like other laws require a mechanism of careful administration to reach their full potential in socio-economic terms; Intellectual Property Rights (IPRs) also require a fair deal of enforcement measures to be taken into consideration to ensure equitable implementation. Such measures help curb undermining the efforts of authors and proprietors and ensure even-handed distribution of […]

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Consumer Protection in the Light of Intellectual Property Ecosystem

Intellectual Property (IP) laws have wider ramifications than just the traditional notion of safeguarding the commercial interest of the proprietor of such rights as they intend to strike a balance between private and public interests. The pursuit of research and development, innovation, trade-related strategies revolve around the ambit of IP, which, in turn, shapes the end […]

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The Role of Trademark in Cultural Appropriation

We have seen countless instances where massive public uproar emerged when brands have come up with merchandise that ‘borrowed’ elements from different cultures. WIPO defines ‘traditional cultural expressions’ as including “music, dance, art, designs, names, signs and symbols, performances, ceremonies, architectural forms, handicrafts, narratives, and many other artistic or cultural expressions.” The role of a […]

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STANDARD ESSENTIAL PATENTS AND THE PROBLEM OF REGULATING ROYALTIES

Interpreting the Term ‘SEP’ In the words of the World Trade Organization (WTO), Standard Essential Patents (SEPs) are defined as: “Document approved by a recognized body, that provides, for common and repeated use, rules, guidelines or characteristics for products or related processes and production methods, with which, compliance is not mandatory. It may also include […]

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Aligning Outer Space and IPRs – A Pressing Priority

“The exploration of space will go ahead, whether we join in it or not, and it is one of the great adventures of all time, and no nation which expects to be the leader of other nations can expect to stay behind in the race for space.” – John F. Kennedy The explorative and exploitative […]

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Celebrity Rights under Intellectual Property

Have you ever wondered whether a celebrity has rights over his or her name, personality, the image in society, photographs, and publicity? The answer is a definite yes. The term celebrity comes from the Latin word ‘celebritatem,’ which means the condition of being famous. Today, actors, authors, artists, politicians, models, athletes, musicians, singers, television personalities, […]

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A careful dissection of the Madrid System

It is appropriately established that the Madrid System is bifurcated into the Madrid Agreement (1891) and the Madrid Protocol (1989). It was a welcoming introduction in the realm of trademarks for it sought to marshal and leave tangle-free the filing of trademarks abroad, which was regarded as being quintessential since trademark laws in all jurisdictions […]

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Colour Trademarks in the Pharmaceutical Industry

A trademark aids the customers in identifying the goods and services of one undertaking from those of others. In the present fast-paced society, conventional marks are not the only type of marks available that are worthy of obtaining trademark protection. Colours and colour combinations play a significant role in differentiating the goods in the market. […]

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Fluid Trademarks

With the rapidly evolving digital economy, even brands have started to push their trademark boundaries by not only putting their registered trademarks into practice but also evolving them. Such marks, known as “Fluid Trademarks,” have now become a novel approach to brand marketing. Fluid trademarks are variations of the originally registered trademarks, which coexist with […]

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