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Indian Copyright Law and Generative AI: Part 2 – Transformative and Extractive Use
Having first considered the question of whether storing copyrightable works for training purposes is reproduction that amounts to copyright infringement under Section 51 of the Indian Copyright Act, 1957, in this second post of this series we will specifically be looking at transformative and extractive uses, applicability of exceptions and limitations under Indian Copyright law, as well…
In Pursuit of Fairness: Delhi High Court’s Do’s and Don’ts for SEP Negotiations
Introduction: SEP jurisprudence, evolving across multiple jurisdictions, consistently underscores the paramount importance of “Fairness” in all dealings ensuing in a FRAND negotiation. Indeed, the concept of ‘good-faith’ negotiations between SEP Holders and Implementers is acquiring increasing significance, as evidenced by the imposition of elevated royalty rates and even interim deposit orders, preceding a final adjudication…
Indian Copyright Law and Generative AI
The scope of copyright liability of Generative AI (‘genAI’) models is a hot topic globally. Copyright issues that stem out of genAI technology can be categorized into four heads. All the litigations in the United States form a part of one of these four heads: Allegation of copyright Infringement due to copying/storage of copyrighted works…
Innovation of ‘Zero Period’ in the Insolvency and Bankruptcy Code, 2016
The preamble of the Insolvency and Bankruptcy Code, 2016 (‘Code’) states its objectives, which are maximisation of value of assets, promote entrepreneurship, within the stipulate time frame. Apart from the initiation of Corporate Insolvency Resolution Professional (‘CIRP’) or the Liquidation Process, the Code also provides for a class of transactions which can be ‘avoided’ or…
Delhi High Court renders its first SEP decision for Telecommunication Standards in the Ericsson v Lava case 
On 28th March 2024, the Delhi High Court (DHC) pronounced its final judgment[i] in the cross-suits filed between Ericsson and Lava, ultimately deciding the matter in favour of Ericsson by granting it damages to the tune of INR 244 Crores (USD 29.9 Million) along with legal costs. The redacted version of the decision was uploaded on 3.04.2024. However, the…
Royal Tryst with Trademark Law
Royal Symbols often include the royal coat of arms, royal crest, insignias, badges etc., they are distinguishing marks or sign adopted by a person, a family, or an organization. Most of the Royal Symbols date back to medieval times. These Royal Symbols have been used for identification of knights in battles and kingdoms through the course…
An Analytical Review of the Anil Kapoor Case: Balancing Fame and Privacy
Anil Kapoor, a renowned Indian actor, recently initiated legal proceedings before the Delhi High Court seeking, inter alia, protection of his own image, likeness, persona, voice, and various other attributes of his personality against unauthorized exploitation of the same on the Internet .The actor filed the suit against various entities including proprietors of commercial establishments, vendors like…

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