Tag Archives: Work of Architecture

Copyright

Delhi High Court Rules that Moral Rights Offer No Remedy for Destruction of a Work

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Does an architect, as the creator and legal ‘author’ of a building having artistic significance, have the right to object to the modification or destruction of their work by the owner of the building? A recent judgement of the Delhi High Court answers this firmly in the negative. In Raj Rewal v Union of India and Ors., Mr. Justice Endlaw has comprehensively rejected the claim that an author’s moral rights over a building take precedence over the rights of the…


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Copyright

Heritage, Hall of Nations and Assertion of Moral Rights

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We’re pleased to bring to you a guest post by Dr. Sunanda Bharti. Dr. Sunanda is an Assistant Professor in Law at Delhi University. Heritage, Hall of Nations and Assertion of Moral Rights Dr. Sunanda Bharti Introduction The Hall of Nations was ultimately demolished by the Government in April 2017. It was the modern world’s first and largest-span space-frame structure built in reinforced cement concrete. The building stood at Pragati Maidaan, in Delhi, for the past 5 decades. Inaugurated in…


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Copyright Overlaps in IP Trademark

Taj Mahal Palace Hotel First Building to Receive Trademark in India

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On 19th June, Indian Hotels Company Limited (IHCL) obtained a trademark for the Taj Mahal Palace Hotel, giving it the unique advantage of being the first building to receive a trademark in India.  While news reports refer to this as an “image mark”, it is the first time (please correct me if I’m wrong) that this term has been used in India. Rajendra Misra, Senior Vice President-General Counsel of IHCL explained the rationale behind this move – “One look at…


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Copyright

Guest Post: Don’t Copy My Architecture

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Shashank Mangal, a 4th year student from ILS law college, Pune brings us a point by point discussion of copyright in architecture under the Copyright Act. This is Shashank’s first submission to the 2nd Annual SpicyIP Fellowship applicant series. If I’m not mistaken, this is the first time the blog has looked into this aspect of copyright law in any detail. Don’t copy my architecture The scope of this post is confined to copyright in architecture. As per Section 13…


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