1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
POKEMON GO AND RIGHT
TO PANORAMA
S.PONKAvITHA
TRADEMARK DEPT.
1 Pokemon Go and Right to Panorama
2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
WHAT IS POKEMON GO ?
Pokemon Go is an augmented reality game developed by
Niantic, which uses the GPS of a smart phone to generate
the virtual Pokemon characters in the surroundings of the
real world location in which the player is present. The
player then will have to catch the Pokemon character by
flinging a virtual ‘Pokeball’ at it. The USP of the game is
that the whole game has a real life feel to it, with the
characters “appearing” in the player’s real surroundings, as
seen through the player’s device.
2 Pokemon Go and Right to Panorama
3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Players visit landmarks called PokéStops, where
they collect goodies including Poké Balls and
virtual eggs, which hatch into Pokémon or pocket
monsters.
The augmented reality game stayed at the top of
Apple Inc.’s U.S. app store for 74 days after it was
launched in July.
“Pokémon Go” has been
downloaded by more than 600 million people
world-wide as of last month.
Pokemon Go and Right to Panorama3
4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
LEGAL ISSUES
With the game becoming wildly popular in a short span
of time (with even celebrities vouching for it), it has
brought about a slew of safety and legal issues with it.
Law suits ranging from trespass to invasion of privacy
to unfair user agreement terms have been filed in
various parts of the world. Not to mention the ever
increasing number of accidents that the game has
caused, with a couple of them resulting in the death of
the game’s players. The most important legal issue
being the Intellectual Property rights.
4 Pokemon Go and Right to Panorama
5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
PRIVACY ISSUE
The most concerning privacy issue with this app is
the constant tracking of location data. By agreeing
to the Pokémon Go privacy policy, you explicitly
agree to allow Niantic to track your location any
time you use the app. Most players leave the app
open at all times, waiting for that sweet, sweet
buzz of a new wild Pokémon appearing. This
means that, effectively, you give permission for
Niantic to track your movements all day, every
day, wherever you go.
5 Pokemon Go and Right to Panorama
6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
PokEmon Go And FREEdom
oF PAnoRAmA
6 Pokemon Go and Right to Panorama
WHAT IS FREEDOM OF PANORAMA ?
Freedom of panorama (FOP) It is an
exception to the copyright laws of various
jurisdictions that permits taking photographs and
video footage and creating other images (such as
paintings) of buildings and sometimes sculptures
and other art works which are permanently
located in a public place, without infringing on
any copyright that may otherwise subsist in such
works, and the publishing of such images.
7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
7 Pokemon Go and Right to Panorama
Panorama freedom is an exception to the normal
rule that the copyright owner has the exclusive
right to authorize the creation and distribution
of derivative works. The reason why freedom of
panorama is being debated in regard to the game
is that once the player catches the character, she
has the option of saving the moment of her
capture to the device in the form of a saved
image.
PATENTS
8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Such captures could often have works of art/
architecture in its background and sharing of it
on social media platforms could raise a
question of copyright infringement over these
artistic works (this is especially so since most
social media platforms reserve the right to use
these pictures for a commercial purpose).
8 Pokemon Go and Right to Panorama
9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
9 Pokemon Go and Right to Panorama
FREEDOM OF PANORAMA
ACROSS THE WORLD
10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
LAWS AROuND THE WORLD
10 Pokemon Go and Right to Panorama
European Union : Directive 2001/29/EC provides
for the possibility of member states having a freedom of
panorama clause in their copyright laws, but does not
require such a rule.
Italy and Iceland provide no freedom of panorama at all.
While in France, there is restricted freedom of Panorama.
Australia & Canada provides for both freedom of
panorama as well as incidental inclusion of another
work seen in the background of a photo. Photos that
"incidentally and not deliberately" include another work
do not infringe copyright.
11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
United States explicitly provides for Freedom of
Panorama for making, distributing, or public
display of pictures, paintings, photographs, or
other pictorial representations of the work, if the
building in which the work is embodied is located
in or ordinarily visible from a public place.
Former USSR : Almost all countries from the
former Soviet Union lack freedom of panorama.
Exceptions are three countries, copyright laws of
which were amended recently namely; Republic of
Moldova , Armenia.
LAWS AROuND THE WORLD
11 Pokemon Go and Right to Panorama
12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
FREEDOM OF
PANORAMA AND
INDIAPokemon Go, the frenzy had caught on in the
country with many using cracked versions to play
the game. Interestingly, a In September, petitioners
in India filed a complaint requesting a ban on
“Pokémon Go” in the country after they said virtual
eggs appeared in places of worship.
The Copyright Act, 1957 lays down the freedom
of panorama and incidental inclusion in the form of
three provisions- §52 (1) (s), (t) and (u).
12 Pokemon Go and Right to Panorama
13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
After a long wait, Pokémon GO was launched on
Dec,14,2016 & is now finally available for
download in India.
Pokémon GO has been brought to India by
Niantic in partnership with Reliance Jio. As part
of this partnership, all the Jio retail locations and
charging stations throughout the country will
appear as PokéStops and Gyms within the game.
Pokémon GO will also have access to the
exclusive Pokémon GO channel on the JioChat
messaging app.
Pokemon Go and Right to Panorama13
Pokemon Go Launched in india
in PartnershiP With reLiance
Jio
14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Pokemon Go-Does anyone even care anymore?
Fading from people's consciousness FAST. The
biggest problem with this move is that no one
really cares anymore. Those who were excited
by the game and enamored by
it’s A.R. capabilities downloaded the game
months ago when it was actually released.
Niantic completely missed the boat on the
smartphone game’s launch in India.
14 Pokemon Go and Right to Panorama
concLusion
15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
From a Phenomenon to
a has-been
When Pokemon Go first launched, it became a
phenomenon almost overnight, breaking records
left right and center and even crossing
behemoths like Facebook and Twitter in terms
of active users. While it might be a little
presumptuous to say, the truth of the matter is
that no one really cares about Pokemon Go
anymore. Just like a pop song, which becomes
the rage for a few weeks and then completely
vanishes from the charts, Pokemon Go has
become just a side note in history.
Pokemon Go and Right to Panorama15
16. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
16