COMMISSIONED WORKS: BALANCING THE RIGHTS OF PRODUCERS AND AUTHORS
“Do I own any rights in the works I create?”, “Who owns the copyright in the underlying works of a film?” – These are a few questions that cross any author’s mind when they author/create works. The Hon’ble Delhi High Court in RDB and Co.HUF vs Harper Collins Publishers India Private Limited[1] has considered these …
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TATA SIA AIRLINES PRIVATE LIMITED v. THE UNION OF INDIA: WELL-KNOWN TRADE MARKS
A. Introduction: Much of the chatter around the enactment of the Trade Marks Rules, 2017 (‘Rules’) revolved around Rule 124[1], which lays down the procedure for the determination of a well-known trade mark (‘WKTM’) by the Registrar of Trade Marks (‘Registrar’). It is pertinent to note that the Rules flow out of the Trade Marks …
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Certification by the CBFC and the Digital Era
The Central Board of Film Certification (CBFC) is a statutory body formed under the Cinematographic Act, 1952 (Act), which regulates the public exhibitions of films.
OPEN-SOURCE SOFTWARE – USAGE & ITS LEGAL IMPLICATIONS
“Open source is the ground zero for the development of technologies like the Metaverse. All the biggest projects in the last five to ten years that have been able to garner the most attraction are the ones that are open sourced — artificial intelligence, blockchain, and containerization, to name a few.
Resolving admiralty disputes through cross border insolvency
In India, Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (“Admiralty Act”) governs maritime disputes, including arrest of ships, maritime claims, judicial sale of ships and determination of priorities. Section 3 of the Admiralty Act specifies that High Courts are vested with admiralty jurisdiction which is exercisable over the waters up to and including …
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CSAM: Is It Time to Age Gate the Internet?
As digital platforms cater to an ever-increasing user base, service providers and regulators are increasingly cognizant of the addictive nature of the services online, and their delivery to the end users. Children are now the focal point of discussions attending practices, which has catapulted regulatory scrutiny and policy-making initiatives.
Arbitration and Commercial Courts: A Jurisdictional Conflict – Part II
1. Introduction: The Commercial Courts Act, 2015 (“the CC Act”) has been enacted with the primary goal to expedite the resolution of commercial disputes in a time bound manner and with minimal interference of the higher courts. The Act also grants jurisdiction to the Commercial Court over arbitration matters of a commercial nature. While is …
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ESG in Finance: Through the Looking Glass
Introduction Environmental, social, governance (ESG) is the focal point of all regulatory and policymaking agendas across the world. The financial service sector is no recluse, and there are pivots for changing this landscape for the better too. Environmental criteria refers to the energy consumption of the company, the resources it consumes, the waste it discharges …
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EU ARTIFICIAL INTELLIGENCE ACT- AN OVERVIEW
Artificial intelligence (AI) in pop culture have never actually been depicted in a trust-building environment, but have always been shown in the light of disruptions, if not catastrophes. In a recent survey, more than 72% of Americans expressed worry about a future in which machines perform many human jobs[1].
The Big “Monster”: User Generated Content in the Indian Landscape
Meghana Chandorkar, Partner; Urjitah Srikanth, Senior Associate, TMT Law Practice