The Calcutta High Court has notified the creation of an Intellectual Property Rights Appellate Division and Intellectual Property Rights Division, effective November 4, 2024. Justice Soumen Sen and Justice Biswaroop Chowdhury will lead the Appellate Division Bench, while Justice Ravi Krishan Kapur and Justice Krishna Rao will oversee Intellectual Property Rights matters in two single-judge benches.
The notice can be accessed here.
During the last PWS session, Garima Chauhan, Trainee Associate, hosted a discussion on “Whether it is viable to create an openly accessible digital library for the print-disabled?”. The session commenced with a discussion on the sufficiency of the current protections provided to the visually-impaired under copyright laws. The members then went on to discuss the viability of having an open digital library as an alternative policy measure to cater to the needs of the print-disabled. The members brainstormed on what entities could manage the operations of such a digital library and how to prevent misuse of digital copies of works to protect the rights of the copyright holder. The discussion also entailed the possible incentives that may be given to the copyright holders to encourage a voluntary and mutually beneficial collaboration. The session concluded with the opinion that having a digital library may be feasible as a welfare scheme in a controlled digital lending system with the aid of the government in procuring copies of the material to appropriately compensate the authors.
ALG’s Associate Arundathi Krishnadas hosted a virtual Guest Interaction Session (GIS) with Mr. Suresh Eriyat, founder and creative director of Studio Eeksaurus, Mumbai. The session was themed around Practical Insights on IP in the Animation Industry, and discussed various legal challenges faced by creators and heads of creative institutions within the animation sector.
Mr Suresh, who has over 25 years of experience in the field of design and film direction, provided his valuable insights into the process of animation film-making, and the role that intellectual property law plays in that creative process. He also discussed how creativity and legal considerations can be balanced when developing content.
We are grateful to Mr. Suresh for interacting with us. His participation and insights greatly enriched our discussion, as well as our understanding of the creative industry of animation.
During the last PWS session, Amal Riaz, Trainee Associate hosted a discussion on “Should the public be free to use AI-cloned voices of deceased artists/personalities, or should personality rights limit their use?” The session commenced with a discussion on whether AI voice cloning of deceased artists stifle creativity by limiting new artists’ opportunities, or does it provide a platform for novel artistic expression. The members then went on to discuss whether posthumous personality rights should be recognized and should voice cloning of deceased artists be protected under personality rights. The members exchanged ideas as to what would be the ideal period, for providing protection to the voice of a deceased personality after which it would pass into the public domain. The session concluded with a discussion on a suitable legal framework where the public and private rights are balanced such that creativity is not restricted but simultaneously the heirs of the deceased artists are compensated.
A ‘Special Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Vaidehi Gupta, Associate, on “Technical Requirements under Section 63, Bharatiya Sakshya Adhiniyam, 2023”. The seminar discussed and delved into critical updates affecting the admissibility of electronic evidence, specifically in the context of trademark proceedings before the TM Registry. The seminar involved a detailed discussion regarding the new procedural requirements under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, such as the statutorily prescribed format for a Certificate of electronic evidence, the requirement of a HASH value generation report, the requirement of an “Expert” certification of the electronic evidence being submitted etc. The session also addressed the possible impacts of these changes, especially from the practice perspective at Trademarks Registry.