As we embark to the year 2024, we are pleased to present the first edition of our newsletter this year. In this instalment, we delve into a diverse array of legal disputes, scientific breakthroughs, and regulatory clarifications that have shaped the landscape of intellectual property rights. The courts worldwide have remained vigilant in safeguarding the rights of creators and brand owners. Notable adjudications from the Delhi High Court in the case of 'New Balance' stylized logo recognition emphasized the importance of recognizing and safeguarding transborder reputation enjoyed by international trade marks.
Additionally, the recent decision regarding live event broadcasting rights clarified the distinction between 'Live Rights' and 'Non-Live Rights', asserting that live broadcasting rights do not inherently constitute copyright. This ruling has significant implications for the taxation of foreign remittances related to live broadcasting rights, providing clarity to stakeholders in the broadcasting industry. The case, Rihanna v. Puma underscores the importance of timely registration and protection of intellectual property rights, particularly in the digital age where social media platforms play a significant role in publicizing creative works.
Furthermore, the granting of geographical indication tags to unique products from Odisha clearly signifies the rich cultural heritage and diverse agricultural produce of the region and the protection accorded by well-shielded IP rights. This recognition not only preserves traditional knowledge but also enhances market competitiveness and promotes sustainable development. Amidst these developments, our newsletter aims to provide insightful analysis and commentary on the latest trends and issues in intellectual property law. From high-profile trademark disputes to regulatory clarifications on taxation and copyright, each article offers a nuanced perspective on the evolving landscape of intellectual property rights
So, without further ado, let's dive into this edition! We appreciate your readership and wish you happy reading!
RIHANNA'S SOCIAL MEDIA DILEMMA: HIGHLIGHTING THE VITALITY OF DESIGN SAFEGUARDING
The European Court of Justice ("Court"), on 6 March 2024, ruled that Puma cannot claim legal protection for a shoe design previously shared on Rihanna's social media.1 The Court's decision comes in the wake of Puma's attempt to register the design with the European Intellectual Property Office ("EUIPO") two years after Rihanna, in her role as creative director, posted photos of the shoes. Notably, "novelty" and "individual character" are crucial under both the UK and EU design regimes, necessitating that the design must not have been publicly disclosed. The Court, accordingly, emphasized the significance of Rihanna's Instagram post, noting its prior public disclosure effectively invalidated the design's novelty and individual character, crucial for Puma's Registered Community Design.
OPENAI SECURES INJUNCTION AGAINST TECH ENTREPRENEUR'S 'OPEN AI'WEBSITE
OpenAI, ("Plaintiff") a leading organization in artificial intelligence research, successfully obtained an order2 from the United States District Court Northern District of California ("Court") to block a tech entrepreneur's website named 'Open AI'("Defendant"). This decision came as a result of legal action taken by OpenAI to protect its brand and intellectual property rights. The Defendant, which shared a name similar to OpenAI, raised concerns of potential confusion among consumers and a potential dilution of the distinctive reputation of OpenAI's brand. To address these concerns, OpenAI pursued legal recourse to prevent any unauthorized use of its name and to protect its reputation in the industry.
RESEARCHERS PATENT MOLECULE WITH POTENTIAL FOR ENHANCED SAFETY IN DIABETES MEDICATION
The United Institute of Pharmacy ("UIP") announced the synthesis of a new active molecule aimed at enhancing anti-diabetic medication by significantly reducing side effects.3 This development suggests the molecule could surpass traditional medicines in effectiveness. The innovation was led by a six-member team: Alok Mukherjee, Shanti Bhushan Mishra, Nishi Gupta, Anil Kumar Singh, Shradhanjali Singh, and Amit Kumar Singh. Contrary to common adverse reactions associated with existing anti-diabetic drugs, such as gastrointestinal issues and liver inflammation, this molecule presents a promising reduction in such side effects. The Indian Patent Office granted the patent for this molecule, titled 'Synthesis of Amide Derivatives of Vanillic Acid: In Silico Evaluation Docked Against Antidiabetic Target', on 19 February 2024, marking a significant milestone in diabetic treatment research.
PRAYAGRAJ INSTITUTION BAGS PATENT FOR EARTH-FRIENDLY BANANA LEAF TEA POUCHES
Vinod Kumar Verma and Sanjog J, specialists from Sam Higginbottom University of Agriculture, Technology and Sciences, Prayagraj ("SHUATS"), have innovated a sustainable and health-conscious alternative to conventional tea bags by utilizing banana leaves. The research highlights a shift towards eco-friendly products by replacing traditional plastic fibers, known for their
Footnotes
1. Puma SE v European Union Intellectual Property Office; Case No. T-647/22; accessible at https://curia.europa.eu/juris/document/document. jsf;jsessionid=9979C80A5A5B53614A439F34FF190C4D?text=&docid=283501&pageIndex=0&doclang=EN&mode=req&dir=&occ=first∂=1&cid=82062.
2. OpenAI, Inc., v. Open Artificial Intelligence, Inc., and Guy Ravine; Case No.: 4:23-cv-3918-YGR; accessible at https://www.courtlistener.com/docket/67666723/ openai-inc-v-open-artificial-intelligence-inc/.
3. The Times of India, Accessible at https://timesofindia.indiatimes.com/city/allahabad/scientists-patent-molecule-for-potentially-safer-diabetes-drug/ articleshow/108029247.cms.
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