Skip to main content

Posts

Nexus of Trade Secrets and Patent Laws

Abstract This paper draws attention to the nexus of trade secrets and patent law.   The author aims to answer a few questions like- (1) whether this should be the right preference of protection or not. (2) whether one can opt for both the protection in a single invention or not. The paper outsets the origins of patent and trade secret laws and the scope of their protection. Furthermore, the author briefly discusses the legal aspects of protection they can offer to an inventor or company. The paper guides an inventor or company in deciding the best possible protection for their secrets. Introduction     The modern world is approaching the metaverse for making transactions of their assets and crafts. In a fast-paced time of pirating and reverse engineering, it's inevitable to protect their intellectual property. Since to cover such fragile wrecks, we have vigorous protectors of intellectual property known as Patent law and Trade Secret law. A patent protects novel innovation whilst t
Recent posts

Spectrum of Facial Makeup Protection

Jillion influencers and artists flash their art of makeup on various social media platforms like Instagram, Snapchat, Youtube etc. Copyright laws are bound to protect the artwork of an artist. But a question arises whether every artist comes under the exact definition or not. Today, I would like to discuss ‘Is your makeup copyrightable in any country’ under different legislatures across the globe. Copyright laws mainly protect the interest and sole authorship of the creator by protecting their original work. However, after protection, if a third party infringes any copyrighted work, a creator will get compensation. India The creator’s art and interest get protected under Indian Copyright Act 1957 which has a broader spectrum. Besides, that Act straightly defines “Artistic Work”. As per Sec. 2(c) artistic work means painting, sculpture, drawing (map, chart, diagram or plan), engraving, photograph, work of architecture or any other work of artistic craftsmanship, nonetheless that work p

Autonomous work of AI does not come under the ambit of US Copyright Laws.

Thaler- The Entrance to Paradise Copyright laws have a reputation for protecting the works created by humans. Besides, Stephen Thaler attempted to get a copyright for one of the works of his AI. In the present application, he is the owner of a “creativity machine”, whereas AI is the author of the artwork “The recent Entrance to Paradise”. In a “Creativity machine”- an AI autonomously, with the help of an algorithm, can create a new piece of art from existing images without any interference from humans. Thaler’s application for registration of copyright of a work of an AI got rejected by the USCO board. The USCO board affirmed that copyright law only protects  "the fruits of intellectual labor" that "are founded in the creative powers of the [human] mind." As , U.S. Copyright Act’s Section 306, protects “original works of authorship.” 17 U.S.C. § 102(a) . To qualify as a work of “authorship” a work must be created by a human being. Furthermore, Works that do not sat

Tranquil way of Protection: Trade Secret

Trade secret The term “Trade secret” is not expressly defined anywhere because it was evolved gradually at both the U.S. state and federal level. Primarily it was mentioned in 1979 when the uniform law commission published the Uniform Trade Secrets Act (“UTSA”). Furthermore, in 2016 a few sets of definitions were passed by congress in the Defend Trade Secrets Act (“DTSA”). Later various definitions came across in multiple judgments but few elements were common in all which are mentioned below. A trade secret is a secret recipe that runs the company mainly:- It is secret or confidential for others It has monetary value or competitive advantage in the market The owner made an effort to maintain the secrecy of such information. As a rule, every company has some sort of trade secret. Mainly, Trade secrets can be anything that provides an economic edge to its competitors. It protects a vast scale of information unless not protected under copyright, trademark or patent law. It includes any

Ambit of dying declaration synthesized with Dignified Death

  INTRODUCTION The principle of Nemo Moriturns Prasumitus Mennre dictates that no person shall be presumed to lie as to the consequences or circumstances of their death, at the time of their death. The palpable feeling impending death, produces a virtuous effect similar to an individual under oath. This is the prime philosophy to be considered when talking about the admissibility of Dying Declaration in a Court of Law. However, in the recent case of death of saint Narendra Giri , the point of whether the circumstances surrounding the death can be attributed to dying declaration becomes moot. We shall look at whether the peculiar intricacies of the situation which led to the death of the saint can be considered under the umbrella of Dying Declaration.  Moreover, when we consider the rights of a person to a dignified death, it should be a practice that an individual shall be left alone in the realm of their afterlife and the cause and circumstance of their death, if at their own will, s