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The Neighboring Rights of News Publishers

The French Competition Authority recently imposed a fine of half a billion euros on tech giant Google. This comes as a response of the latter failing to comply with the temporary orders regarding remunerating the country’s news publishers for the usage of their work. In addition, Google was also asked...

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Patent Evergreening and Its Effects

What is Evergreening? With the introduction of several vaccines against COVID-19, there have been debates over a controversial topic in the IP regime: the Evergreening of Patents. Evergreening denotes the practice where the players in the pharmaceutical industry try to extend the term of a granted patent which is about...

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Fair Use or Fair Dealing: An Exception to Copyright IP

Copyright law is in place to protect unauthorized use of the original work of the author i.e., the use without the permission of the creator of that work. Such unauthorized use is called infringement in copyright law and action can be brought against the infringer. However, the law also permits...

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Can APIs be Protected Under Copyright Law?

A Pivotal 2020 US Case Law Google LLC v. Oracle America, Inc happens to be a landmark decision which deals with the intersection of technology (software, to be more precise) and Intellectual Property Rights. In this case, Oracle had earlier sued Google for copying some parts of the Java programming...

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First Sale Doctrine and the Exhaustion of IP Rights

Defining the First Sale Doctrine First Sale Doctrine is one of the exceptions to the rights conferred to IP owners. This doctrine curtails the IP owners’ rights after its products are first sold to a purchaser. By this, the purchaser is entitled to re-sell the branded product in the market...

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Sound Recording Rights and Copyright Societies

Copyright persists in musical, literary, artistic, dramatic, cinematographic and sound recording works. However, as per Copyright law conventions, a song is not looked upon as a single piece of work but as a bundle of copyrights. To elaborate, a song is divided into various parts and the copyright of each...

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Twitters’ Stand Against Indian Intermediary Guidelines

What Are These Guidelines About? After the enactment of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, all the intermediaries were given a three-month time for complying with the same. There were certain new elements such as the detailed classification of intermediaries and the requirement of tracing...

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What Are Anti-Trust or Anti-Competition Laws?

Competition or anti-trust laws are put in place for the dual objectives of protecting the interest of the customers and maintaining healthy competition within the market by checking predatory business practices and preventing monopoly in business. These intricate laws affect a multitude of factors such as collusions, acquisitions and mergers....

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Corporate Control and Agricultural Rights

Agriculture is the backbone of the Indian economy. A whopping seventy percent of the country’s population derives its livelihood from farming and almost every citizen of the country has a degree of connectivity with the sector. Recently, the wrath of the farmers against the newly passed farm laws in September...

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Germanys’ Move to Deter Frivolous Patent Litigation

Patent trolls are one of the natural (if obstructive) offshoots of a highly competitive, saturated patent market. These entities typically possess a patent not to exploit or sell it, but to use it as a litigation tool for what many other parties would call a frivolous lawsuit. The objective of...

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What is Originality in Copyright?

The word original has been mentioned in Section 13(a) of the Indian Copyright Act, 1957 and has been prefixed before literary, dramatic, musical and artistic works. The common notion of original is new or never done before. In law originality is interpreted as to how an idea is expressed. ‘Originality’...

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What Does Teslas’ Patent Portfolio Mean for the Road?

It’s no secret that different countries have different requirements when it comes to transport. However, practicality doesn’t always gel with public perception, which is influenced by factors as diverse as culture and fashion. Worldwide, there has been a greater surge in the number of larger vehicles. The trends disregard norms...

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