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As the usurpers grow smarter in the digital realm, so must the law. Dynamic injunctions are forward-looking legal remedies that extend beyond restraining known infringers, and allowing IP owners to ac...
We are pleased to share the latest edition of our newsletter, which includes some important developments from the ever-evolving field of Intellectual Property (IP). This quarter has seen notable decisions across trade marks, copyrights, patents, designs, and geographical indications. Courts in India and abroad are beginning to address conflicts that lie at the intersection of copyright and artificial intelligence. The Delhi High Court is considering whether scraping data to train large language models amounts to copyright infringement in ANI v. OpenAI, while the Mexican Supreme Court has held that works generated solely through AI are not eligible for copyright protection. Meanwhile, a proposed settlement is underway in the class action suit filed by several authors against Anthropic, alleging copyright infringement. In the realm of trade mark law, Indian courts have actively curbed fraudulent use of marks to deceive consumers. Both Tata and Zepto have obtained interim injunctions restraining the operation of infringing domain names and scams misusing their brands. Courts have also noted a legislative lacuna in patent law due to the absence of a definition of ‘infringement’ under the Patents Act, 1970, and have clarified the scope of pro tem deposit orders. Other key updates include new geographical indication registrations for several products from Meghalaya, Australia’s proposal to permit AI training on copyrighted material, and the Bombay High Court reaffirming that functionality does not preclude design registration where aesthetic appeal exists.
