During last week’s PWS Session, Shivangi Tandon, Associate, led a discussion on “Would granting protection to food plating stifle creativity in the culinary industry?” The session led with a discussion on the advancement and ongoing trends in the culinary industry with the various stakeholders inter alia, chefs, restaurants etc. finding innovative ways to plate food and seek legal protection over the same. The discussion delved into whether presentation of food and its over-all look/style can warrant any legal protection. Further, members discussed what could be the minimum threshold for presentation of food to qualify for such protection. The session concluded with the members brainstorming various circumstances which would allow chefs, restaurants etc. to enjoy protection over their food presentation styles without curbing the freedom of creation of third-parties.

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Shreya Kunwar, Associate, on “Is There A Threshold for Enforcement of Personality Rights Against Third Parties?” The seminar delved into the parameters necessary to ascertain violation of personality rights by third parties and also explored relevant provisions under the Copyright Act, 1957, and the Trade Marks Act, 1999. The seminar involved an interesting discussion on the current judicial trend and various precedents laid down by courts while upholding personality rights. The session concluded with a discussion on the various kinds of disputes that might possibly arise before courts in the near future and the possible approach of the courts.

The presentation can be accessed here.

During last week’s PWS Session, Sucharitha Banda, Trainee Associate, led a discussion on “Whether service agreements are detrimental to artists’ copyrights?”. The session led with a discussion on the trends followed by streaming sites/production houses while making creative and economic decisions towards featuring artists and their works in movies or shows. The discussion delved  into whether artists should forego offers of working for hire and explore other means of exploiting content that they create. Further, the members discussed the potential policy changes that may enable artists to preserve their rights in their own works. The session concluded with the members brainstorming over how terms in the agreements between artists on one end and streaming sites/production houses on the other end could be modified to be more equitable and beneficial to production houses and artists alike.

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Abhilasha Rathore, Associate on ‘Does a Contractual Agreement Override the Doctrine of First Sale Vis-à-vis Third Party Resales?’. The seminar explored the relevant provisions under the Copyright Act, 1957, and delved into the position taken by courts in respect of the applicability of the Doctrine of First Sale vis-à-vis literary, musical, dramatic works and cinematographic works. The session explored the applicability of the doctrine in cases where the first sale had been effected by the exclusive licensees discharging obligations in accordance with the executed agreement. The session concluded with a discussion on whether the rights of the owner could be broader than that of the licensee and whether an amendment to the legal framework is required to clarify the position of a third party that is not privy to the agreement, being bound by it.

The presentation can be accessed here.