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.

During the last PWS session, Nadra Jawaid, Trainee Associate hosted a discussion on “Whether Gray Market Goods Undermine Trademark Protections?” The session commenced with a discussion on whether it would be disproportionately advantageous to a manufacturer if the law restricts buyers from dealing with the grey market. The members then went on to discuss what challenges posed by the grey market to the protection of a trademark owner’s reputation and goodwill? The members exchanged ideas on grey market goods influencing competition in the marketplace between authorized sellers and grey market distributors. The session concluded with the discussion of various strategies to combat grey market issues.

A ‘Special Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Richa Pushpam, Trainee Associate, on “Notarisation, Apostille, Legalisation, and Digital Signatures of Documents for the purposes of filings in India (courts and IP Offices)”. The seminar discussed relevant provisions under the Notaries Act, 1952, the Hague Apostille Convention, 1961 and the Information Technology Act, 2000. The session analysed various judgments discussing the nuances of notarisation, apostille and consular legalisation for authentication of public documents.

The members also exchanged their views on the admissibility of electronically signed and notarised documents during filings in Indian courts and IP offices.

The presentation can be accessed here.