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NEXUS BETWEEN TRADE SECRET AND PATENT LAWS

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Abstract This paper draws attention to the nexus between trade secrets and patent law. The author aims to answer a few questions, such as: (1) whether this is the appropriate form of protection, and (2) whether both protections can be applied to a single invention. Introduction     The modern world is approaching the metaverse for making transactions of their assets and crafts. In a fast-paced era of piracy and reverse engineering, it is essential to protect intellectual property . To address such vulnerabilities, we have robust forms of intellectual property protection: Patent Law and Trade Secret Law . A patent protects novel innovation whilst trade secrets can broadly protect anything of economic value to the holder. However, the information that gets protected under patent law can be covered by trade secrets law whereas, information protected under trade secrets is not necessary to get patented. In this article, the author outlines the origin, scope of protection, and cons...
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SPECTRUM OF FACIAL MAKEUP PROTECTION

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Jillions of influencers and artists showcase their makeup artistry on various social media platforms like Instagram, Snapchat, YouTube, and others. Copyright laws are meant to protect the artistic work of creators. However, a question arises: does every artist fall under the exact legal definition of an author? Today, I would like to explore the question— “Is your makeup copyrightable in any country?” —under various legal systems around the globe. Copyright laws primarily aim to safeguard the interests and sole authorship of creators by protecting their original work. If a third party infringes a copyrighted work, the creator may be entitled to compensation. India In India, an artist's creation is protected under the  Copyright Act of 1957 , which has a broad scope. This Act explicitly defines  “artistic work.”  As per Section 2(c), artistic work includes a painting, sculpture, drawing (including maps, charts, diagrams, or plans), engraving, photograph, work of architectu...
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U.S. COPYRIGHT LAW DOES NOT RECOGNIZE WORKS CREATED SOLELY BY ARTIFICIAL INTELLIGENCE AS ELIGIBLE FOR PROTECTION.

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Thaler- The Entrance to Paradise Copyright laws have traditionally protected works created by humans. Recently, Stephen Thaler attempted to secure a copyright for a work generated by his AI. In the present case, he is the owner of a system called the “Creativity Machine,” while the AI itself is the claimed author of the artwork titled  “A Recent Entrance to Paradise.” The “Creativity Machine” is an AI system that autonomously creates original pieces of art from existing images using algorithms, without any human intervention. Thaler’s application for copyright registration of the AI-generated work was rejected by the United States Copyright Office (USCO). The USCO affirmed that copyright law protects only  "the fruits of intellectual labor"  that are  "founded in the creative powers of the [human] mind." Under  Section 306 of the U.S. Copyright Act , copyright protection extends to  “original works of authorship”  (17 U.S.C. § 102(a)). To qualify as a ...
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A SILENT SHIELD OF PROTECTION: TRADE SECRETS

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Trade secret The term  “trade secret”  is not expressly defined in a singular, universal way, as it has evolved gradually at both the U.S. state and federal levels. It was first formally addressed in 1979, when the Uniform Law Commission published the  Uniform Trade Secrets Act (UTSA) . Later, in 2016, Congress enacted the  Defend Trade Secrets Act (DTSA) , which provided additional definitions and federal-level protection. Various judicial interpretations have followed, but certain core elements remain consistent across definitions. A  trade secret  generally refers to confidential information that drives a business’s success and includes the following elements: The information is secret or not publicly known. It provides economic value or a competitive advantage in the market. The owner has taken reasonable steps to maintain its secrecy. As a general principle, almost every company possesses some form of trade secret. Trade secrets can include  anyth...
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AMBIT OF DYING DECLARATION SYNTHESIZED WITH DIGNIFIED DEATH

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  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 ow...
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