NOPR Collection:http://nopr.niscpr.res.in/handle/123456789/619072026-10-12T12:10:16Z2026-10-12T12:10:16ZPervasive Effect of Competition Law on Copyright Societies in IndiaS, Vishnuhttp://nopr.niscpr.res.in/handle/123456789/619162023-05-15T06:30:26Z2023-05-01T00:00:00ZTitle: Pervasive Effect of Competition Law on Copyright Societies in India
Authors: S, Vishnu
Abstract: Copyright societies play a vital role in the copyright system. They enable markets to function for the use of copyright
works in situations where the copyright holder cannot contract directly with the user. This is done by way of simplifying the
negotiation process in managing the rights of their members and acting as a single contact point for licensees. Generally, it is
admitted that copyright societies act in the interest of both rights owners and end users. There is, in practice for operational
reasons, a single society per sector in India. That means that both users and authors only have one partner with whom they
must deal. They have no choice and the society occupies a de facto monopoly, and potential abuses may result from their
double monopoly situation. It is therefore by no means surprising to see that collective management has attracted a lot of
attention from the side of the competition authorities. It has also become increasingly clear that the inherent monopoly of
copyright society raises serious concerns for the competition authorities.
Page(s): 87-932023-05-01T00:00:00ZPrivate Ordering in Copyright Law: The Impact on Fair Use Activities on the InternetPragya, Apoorvhttp://nopr.niscpr.res.in/handle/123456789/619152023-05-15T06:28:25Z2023-05-01T00:00:00ZTitle: Private Ordering in Copyright Law: The Impact on Fair Use Activities on the Internet
Authors: Pragya, Apoorv
Abstract: Private ordering tools such as contracts have always been used in the context of copyright law in order to monetize the rights of the copyright holders. However, the use of networked information technologies like the Internet has brought in a deeper layer of engagement. The higher configurability of such technologies, affords points of regulatory leverage to private parties, allowing them to exercise more pervasive control. Prior to the digital era, it was not practical for (say) a publisher to track down every buyer and bargain with them. In contrast, the cyberspace facilitates such a regime to a much greater degree, since it allows copyright holders easier access to the end-users of their products, thus making the conclusion of a bargain much more feasible. Furthermore, the technology also allows the rights holders to deploy technological protection measures built into the medium of the information (e.g., the e-book), restricting certain actions via code. While this provides the rights holders with an assurance of the protection of their rights, it runs the danger of trespassing on liberties users would generally enjoy under the copyright law framework. The objective of this study is to consider the rising influence of private ordering mechanisms such as contracts and technological protection measures in the copyright framework and the impact it has on the rights and privileges provided by the public ordering framework of copyright. The methodology undertaken for this study is doctrinal in nature.
Page(s): 94-1062023-05-01T00:00:00ZThe Canadian UGC Exception: An Attempt to Revolutionise Fair Use Defence for User Generated ContentSalar, Niharikahttp://nopr.niscpr.res.in/handle/123456789/619142023-05-15T06:26:19Z2023-05-01T00:00:00ZTitle: The Canadian UGC Exception: An Attempt to Revolutionise Fair Use Defence for User Generated Content
Authors: Salar, Niharika
Abstract: Part I of the research paper attempts to introduce the conceptual understanding of user generated content and the
copyright issues related to UGC, following which Part II will present a critical analysis of the problems contained in the
Fair use defence as enshrined in the United States legislation. Part III of the research paper will try to argue as to why the
non-commercial UGC exception as enshrined in Section 29.21 of the Canadian Copyright acts till remains the much-needed
answer which UGC has been looking for so long now, along with a few concluding thoughts. Throughout the paper, the
author tries to argue that the new exception, namely the non-commercial user generated exception is the much-needed
UGC protection with respect to the commercial aspect of any user created content on online platforms.
Page(s): 107-1132023-05-01T00:00:00ZPatent Disclosure Requirement for AI-Assisted inventions: A Comparative Study of EU and IndiaUpputuri, Ashok HemanthÜner, Zehra Özkanhttp://nopr.niscpr.res.in/handle/123456789/619132023-05-15T06:24:36Z2023-05-01T00:00:00ZTitle: Patent Disclosure Requirement for AI-Assisted inventions: A Comparative Study of EU and India
Authors: Upputuri, Ashok Hemanth; Üner, Zehra Özkan
Abstract: Patent is based on the concept of quid pro quo. It requires the applicant to draft the application in such a way so that it
satisfies the doctrines of written description, enablement, and best mode. However, in case of AI-related invention, the
situation is tricky. Most of the inventions carried out by AI has black box scenario—where the inventor also may not be
aware of the fact how the invention was exactly carried out by the AI system. The current study delves into the situation
regarding how patent offices in Europe and India are dealing with such scenarios. Focussing on the AI-assisted inventions,
the study finds out that in Europe, there is a clear guideline about AI-related inventions. The guidelines are tighter than those
of the US. On the other hand, India relies on guidelines on computer related invention
Page(s): 114-1222023-05-01T00:00:00Z