Is Europe’s New Copyright Directive An Answer To Infringement?

The European Parliament, in its most recent activity, passed a law that has the capability to change the face of the internet as we know it. The Directive on Copyright in the Digital Single Market, also known as the Copyright Directive, is heralded as one of the most contentious set of directions and rules, in the arena of the copyright laws. In September 2018, the members of the European Parliament proposed and ultimately passed, the new Copyright Directive. Having made several amendments, which tighten the copyright law in several little ways, the most eye catching have been Articles 11 and... Read More

Character Merchandising

INTRODUCTION Character merchandising is a clever marketing method through which goods and services similar to well-known imaginary or even real characters are made for appealing customers. In other words, it is a profitable manipulation of a renowned personality using their well-recognized national/international appeal. Overtime, the possibilities of character merchandising have amplified in such diverse forms that what perceived as an ancillary source of commercial abuse by the entertainment industry has become the sign in terms of revenue. From the initial days of character merchandising when Walt Disney Studios began licensing their famous characters in 1930s, to the present day film... Read More

Enforceability Of Oral Agreement In India

The Indian Contract Act 1872, section 2(e), defines an agreements as “every promise and every set of promises, forming the consideration for each other is an agreement.” A promise is essentially an offer or a proposal, made by a person or an entity, towards another. The assent of the other, results in the acceptance of the offer; thereby creating an agreement. A valid agreement is said to have the essentials of a valid contract, them being: Proposal Acceptance Lawful Object Lawful Consideration Capacity to Contract It is important to note that all contracts are valid agreements but not all agreements... Read More

Intellectual Property Law And The Outer Space: A Promising Future Ahead?

INTRODUCTION Technological advancements in the field of outer space, for the purpose of exploring an extra-terrestrial environment, studying and using it, is not a new concept. However, questions of Intellectual Property Rights governing these advancements have been brought to the fore relatively recently owing to the fact that these developments have become more of a private or commercial affair rather than a state run activity. Protection of one’s innovation is imperative to their success. With the world understanding the importance of such safeguards, the demand for it has risen exponentially. OUTER SPACE AND INTELLECTUAL PROPERTY LAWS Outer space (often referred to... Read More