IP and Legal Filings

APRIL 8, 2023

Celebrity IP rights versus privacy rights The media believes that it is their fundamental right to capture and publish all information about celebrities about matters of “public interest” or “public concern” that arise from the “Freedom of the Press” guaranteed by Article 19 of the Constitution.

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Privacy Law Intellectual Property Music 75

The IPKat

DECEMBER 17, 2021

This post is the third and final installment in the “Africa IP Highlights 2021 series” of posts highlighting some of the key developments in IP in Africa in 2021. This post is about patents and reforms in IP policy, legislation and administration. May in Nigeria was also about plant breeders’ rights.

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IP Patent Intellectual Property Inventor 92

SpicyIP

DECEMBER 20, 2023

Kurian’s trail of transparency, Statements of Patent (Non-)Working, Corruption in IP Offices, Serial Crisis in India, the Indian “Bayh Dole” Bill, etc. Although India now has the Digital Personal Data Protection Act 2023 , it doesn’t provide IP protection to databases. Missed anything? No worries, we got you!

Personality Rights 59

Personality Rights IP Licensing Copyright 59

IIPRD

AUGUST 11, 2023

IP ISSUES CREATED BY THE MANGA FAN BASE Due to the growing interest of the world inMangas several rights of a manga-ka are challenged. Donjinshiisa self-published fan bookthatuses the existing manga characters violating the personality rights of the characters as was established in the famous caseof V.T. Napster, Inc.,

Art 52

Art IP Intellectual Property Copyright 52

SpicyIP

JULY 17, 2023

Yashna is a fifth-year law student at UILS, Panjab University, Chandigarh. Her area of interest lies in IP and corporate law. Her area of interest lies in IP and corporate law. The plaintiff further argued that he was the lawful successor to the personality rights of the late actor.

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

Intepat

MAY 16, 2023

This brings us to the question of whether the usage of such photographs is lawful or not, regardless of the person being a celebrity. Recently, Amitabh Bachchan’s voice and his image had been used by various persons for commercial purposes without his consent. What are Publicity Rights? Under this Act, Sec.

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IP and Legal Filings

JANUARY 31, 2024

Right to privacy would certainly include telephone-conversation in the privacy of one’s home or office. Telephone-tapping would, thus, infract Article 21 of the Constitution of India unless it is permitted under the procedure established by law.” 1998 Mr ‘X’ v. 2007 Rayala M. Bhuvaneswari v. 2014 Deepinder Singh Mann v.

Privacy 89

Privacy Personality Rights Confidentiality Law 89

The IPKat

SEPTEMBER 19, 2022

In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. However, image rights in Kenya lean more towards a human rights protection regime as opposed to IP law/framework.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

The IPKat

SEPTEMBER 24, 2023

Here's what Jakub writes: Artificial Intelligence and (hopefully) the death of copyright by Jakub Wyczik* Last year, I wrote an article about how copyright law relates to creations generated by AI. The problem is not human, but the work In fact, the whole issue is not about a person, but about a work.

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Intepat

DECEMBER 26, 2023

student from Hidayatullah National Law University. Protection of IPR by AI Intellectual Property Law with relation to Artificial Intelligence , plays a crucial role in safeguarding intellectual property by employing algorithms and content matching to detect infringing works. appeared first on Intepat IP.

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Intellectual Property Invention Intellectual Property Law Personality Rights 52

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

SpicyIP

AUGUST 22, 2021

PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes. In a guest post , Satchit Bhogle covered the issue of infringement of personality rights. The post covers the prevailing precedents on the matter. You can read our posts on the report here , here , here , here and here.

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Personality Rights Reporting Social Media Branding 119

The IPKat

JANUARY 11, 2024

Background In 2014, France introduced a national system of GI protection for craft and industrial products ( Law No. 2014-344 of March 17, 2014 – the 2014 Law) [ IPKat here ]. Immediately after the adoption of the 2014 Law, producers of Limoges porcelain started preparing the registration file.

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Registration Art Personality Rights Intellectual Property 62

IP and Legal Filings

NOVEMBER 23, 2023

Introduction There is no exact legislation in India concerning regulating the publicity rights of a sports athlete. Through various proceedings from the Court of law, Publicity rights are inherent in Articles 19 and 21 of the Constitution of India. [i]

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Intellectual Property Privacy Branding Brands 96

IP and Legal Filings

FEBRUARY 20, 2024

ABSTRACT There has been a dramatic increase in the commercial use of celebrity personalities by people not authorized to do so compared to the earlier times. Protecting personality rights has become a growing problem in India due to deepfakes, morphed pictures, etc. Interesting right? Puttaswamy v.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

McBayer IP Blog

AUGUST 17, 2021

Posted In Intellectual Property , Name, Image, and Likeness , Publicity Rights Believe it or not, there are no federal statutes or case laws protecting your exclusive right to the use of your name, image, and likeness (NIL) or any other defining factor of your identity, such as your voice or signature.

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Television Personality Rights Intellectual Property Privacy 52

SpicyIP

SEPTEMBER 25, 2023

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. French lawmakers propose a law to establish a tax regime for works generated by AI.

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Cease and Desist Copyright Infringement Invention Social Media 105

IP and Legal Filings

MAY 23, 2023

This unique address is achieved through a set of Internet Protocol (IP) numbers, commonly known as IP addresses, which have become a primary concern for the allocation of domain names on the Internet. Domain name disputes The unique mapping between IP addresses and domain names has created an artificial scarcity of domain names.

Business 52

Business IP Registration Trademark 52

IPilogue

NOVEMBER 17, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. Current State of the Law on Tattoo Designs.

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Ownership Intellectual Property Artwork Copyright Law 103

SpicyIP

JULY 29, 2021

The legal position in India is that fonts do not enjoy copyright protection under its copyright law, i.e. under the Copyright Act, 1957 (page 5). The US copyright law of 1976 explicitly excludes the mechanical or utilitarian aspects of applied art from the definition of artistic craftmanship.

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Copyright Artistic Work Copyright Law Fair Use 126

IPilogue

DECEMBER 9, 2021

Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. While the protection of memes remains unclear and unresolved, plaintiffs can claim copyright, trademark, and personality rights in the underlying images. Shayna Jan is a 3L J.D.

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Copyright Artistic Work Copying Intellectual Property 89

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact).

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IP Intellectual Property Copyright Trademark 143

LexBlog IP

JUNE 13, 2023

Interestingly, by applying the Cultural Heritage Code, the Court of Florence also recognized personality rights – more specifically, image rights – to the work of art by Michelangelo and to works of art in general, which Italian museums would be entitled to enforce for the cultural property they have on consignment.

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Art Personality Rights Advertising Advertising 52

The IPKat

NOVEMBER 26, 2022

This is a fundamental question when it comes to ensuring the effective protection of rights, including but not limited to IP rights, on the internet. It is also a question without an easy answer, given the conflicting rights and interests that come into consideration and require to be fairly balanced.

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Law Privacy IP Personality Rights 142

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. A special thanks to Mr. G. Nataraj, Ms.

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IP Copyright Trademark Intellectual Property 124

SpicyIP

JULY 27, 2023

Devangini is a graduate of the University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi. She is an IP lawyer based out of New Delhi. Arguments and Decision The plaintiff argued that the defendant has violated the late actor’s privacy and personality rights by its unauthorised use.

Privacy 98

Privacy Personality Rights Blogging Publishing 98

The IPKat

MAY 29, 2023

Now in its second edition, the book offers a perspective on how one can address the overlap between intellectual property (IP) rights, either to reconcile them in whole or in part, or to pre-empt one over the other. Sundara Rajan devotes Chapter 11 to the overlap between moral and economic rights of authors.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

SpicyIP

JULY 19, 2021

In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She argues that the law should broaden the definition of serious comparative advertisement (where the owner of the mark advertises his product reference to his competitor’s product based on scientific study) by allowing multiple comparisons.

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IP and Legal Filings

FEBRUARY 23, 2023

IP can be acquired, inherited, traded, or purchased. IP can be considered to be the base of knowledge-based economy. Arbitration as a means to resolve Intellectual Property disputes As IP owners and attorneys formerly tended to choose traditional, Arbitration and mediation were hardly ever used to their full capacity.

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Intellectual Property Confidentiality Litigation IP 83

LexBlog IP

MAY 2, 2022

Personal Branding. What is Right of Publicity? Who is affected by the Right of Publicity? Personal Rights vs. Property Rights. The implications of the Right of Publicity. Personal Rights vs. Property Rights. Consult with an Entertainment Lawyer to Understand Your Rights.

Branding 52

Branding Brands Branding Personality Rights 52

The IPKat

AUGUST 9, 2021

Anja had a relevant publication in 2020, in case readers are interested: How Comprehensive Is Chinese Data Protection Law? In contrast to the technology-neutral GDPR, the Draft AI Act goes even further by explicitly classifying facial recognition as a high-risk use and making it one of the focus areas of the law.

Technology 127

Technology Privacy Law Litigation 127

SpicyIP

JULY 13, 2021

student at the NALSAR University of Law, Hyderabad. Among the many grounds was the court’s refusal to afford post mortem protection to personality rights of the actor. I shall specifically be dealing with the contention around publicity rights. Nishtha is a 4th year B.A. Nishtha Gupta. Brief facts. Conclusion.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

SpicyIP

NOVEMBER 19, 2023

Other Posts Free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23] Free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship on November 22 and 23. Capital General Store and Jawed Ansari v.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

The IPKat

JUNE 4, 2022

Regarding the monochrome red-coloured silhouette of, let’s say, an unspecified person, this Kat commented as follows: Iconic scene of 2017 China IP Without seeing the Gif file, will you still believe that the figure is Michael Jordan? The 5th case is relevant in defining the threshold for protection of the right of likeness.

Personality Rights 80

Personality Rights Music Advertising Advertising 80

SpicyIP

DECEMBER 24, 2023

To read these, along with a round up of IP developments around the country, and world, read on below. 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.

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Registration Trademark Copyright Registering Trademarks 52

IP and Legal Filings

DECEMBER 6, 2023

Therein, the Court categorically held that the right of publicity has evolved from the right of privacy and can inhere only in an individual or in any indicia of an individual’s personality like his name, personality trait, signature, voice, etc. Publicity Rights and the Right to Privacy in India, 31.1

Privacy 96

Privacy Intellectual Property Law Intellectual Property Advertising 96

SpicyIP

OCTOBER 2, 2023

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Image Rights Alright—But Can They Trump Established Rights and Doctrines? Should They? Read the post by Prof.

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Licensing Trademark Intellectual Property Copyright 59