IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

These affected rights encompass personality rights, representing a distinctive form of intellectual property that transcends mere financial considerations. Personality rights, being non-inheritable and non-assignable, highlight the personal and non-transferable essence of this form of intellectual property.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

SpicyIP

SEPTEMBER 25, 2023

Case Summaries Anil Kapoor vs Simply Life India & Ors on 20 September, 2023 (Delhi High Court) Image from here The Plaintiff sought protection of his personality rights, publicity rights and elements associated with his persona like his name, voice, photographs/ likeness, dialogues, manner of dialogue delivery, gestures, signatures.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

The IPKat

OCTOBER 7, 2021

If we look deeper into how different countries treat posthumous moral rights, we will be able to discern two approaches: According to the first approach, followed in countries like Germany and Austria, economic and moral rights form one inseparable union and are thus inherited and may be enforced by the same subjects, the author’s heirs.

Moral Rights 134

Moral Rights Art Music Copyright 134

SpicyIP

JULY 29, 2021

Typeface’ refers to the particular design of letters, numbers, marks and symbols. Shivam is a recent graduate of the Banaras Hindu University, Varanasi. But as I will discuss in this post, they fulfill the eligibility criteria as provided under the Copyright Act, 1957. Before we begin, let me lay down the glossary for this post.

Copyright 126

Copyright Artistic Work Copyright Law Fair Use 126

Canadian Intellectual Property Blog

JUNE 10, 2020

When it comes to celebrities and other public figures, the laws across Canada have established various personality rights to protect these individuals from the exploitation of their image or likeness. The individual (plaintiff) must be clearly and primarily captured in the image (see Krouse v Chrysler Canada Ltd. 13 C.P.R. (2d)

Privacy 52

Privacy Social Media Intellectual Property Intellectual Property Law 52

The IPKat

MAY 29, 2023

Chapter 2, authored by David Musker, considers the overlaps between patents and designs. The case serves as the springboard for a discussion on whether owning both rights may put the rightsholder at risk. Ochoa authors Chapter 9, which is devoted to the overlaps between copyright and the rights of publicity or personality rights.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

LexBlog IP

MAY 2, 2022

The template is not intended to be a one-size-fits-all solution; rather, it is designed to provide colleges and universities with a starting point for crafting their own policies. Personal Branding. What is Right of Publicity? Who is affected by the Right of Publicity? Personal Rights vs. Property Rights.

Branding 52

Branding Brands Branding Personality Rights 52

SpicyIP

JULY 19, 2021

She highlights that the Court refused to afford post mortem protection to personality rights of the actor. Nishtha emphasises that in determining whether the deceased possessed personality rights enforceable by his heirs, the Court based its reasoning on the intertwining between privacy and publicity rights.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Kluwer Copyright Blog

APRIL 5, 2023

One of the most recent examples is the dispute (not yet decided) around the use of the images of the Birth of Venus by Michelangelo in fashion design; the others are the controversy over the use in the advertising of the image of the Teatro Massimo in Palermo [2] and the multiple claims against the use in the marketing of David by Donatello. [3]

Public Domain 98

Public Domain Copyright Law Artwork 98

IP and Legal Filings

FEBRUARY 23, 2023

Introduction The rights which are granted to the people for their creative work are known as intellectual property rights. They provide the creator a sole, time-limited right to make use of their invention. IP can be acquired, inherited, traded, or purchased.

Intellectual Property 83

Intellectual Property Confidentiality Litigation IP 83

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On September 20, the Delhi High Court granted relief to film actor Anil Kapoor against the unauthorised use of his image, name, voice, and other traits of his persona for monetary gain, reinforcing his personality rights. Sarl a A Sarogi , where the Court affirmed the position on descendability of publicity rights.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

JANUARY 2, 2022

The petitioner contented that Jayalalithaa’s personality rights and her family’s privacy rights should be protected and that the productions may be incorrect and misleading. In ‘congratulating’ newsmakers , advertisers open themselves up to accusations of unauthorizedly infringing on personality rights.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. The Defendant contested that the bottles were not selectively obtained and it was using recycled bottles due to shortage.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

OCTOBER 2, 2023

Image Rights Alright—But Can They Trump Established Rights and Doctrines? Image from here The Delhi High Court’s recent interim injunction concerning Anil Kapoor’s personality rights throws up an important question- should such orders protecting personality rights overlook the established principles and doctrines?

Licensing 59

Licensing Trademark Intellectual Property Copyright 59