SpicyIP

JULY 17, 2023

Her area of interest lies in IP and corporate law. Her area of interest lies in IP and corporate law. We also came across the Delhi High Court orders on the interplay between the Patents Act and the Competition Act, and on the inheritability of personality rights. Hope you enjoy the SpicyIP Weekly review!

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

Intepat

MAY 16, 2023

Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. What are Publicity Rights? However, Indian law has indirect references for the protection of publicity rights.

Branding 98

Branding Brands Branding Personality Rights 98

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

This unauthorized usage may also give rise to breaches of confidence or violations of privacy. While economic interests can be quantified and compensated monetarily, non-economic concerns such as privacy violations, damage to reputation, and mental distress may not be entirely redressed through financial means.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

IP and Legal Filings

NOVEMBER 23, 2023

[iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit. Going ahead in this fast-forwarding world, publicity rights concerning sports in India will develop and can reach a high of excellent dominance like European countries.

Intellectual Property 99

Intellectual Property Privacy Branding Brands 99

The IPKat

SEPTEMBER 24, 2023

I believe that we should not monopolize information, as various IP rights do today. Information is the main fuel for technological development, which, according to the basic objectives of the treaties, IP should stimulate, not stifle ( TRIPS, Article 7 ). But the world does not end with "creator's rights."

Copyright 138

Copyright Derivative Work Music Copying 138

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.

Television 52

Television Personality Rights Intellectual Property Privacy 52

SpicyIP

JULY 27, 2023

She is an IP lawyer based out of New Delhi. Previously in 2021, the plaintiff’s interim injunction application had been heard by Justice Sanjeev Narula wherein the Hon’ble Court did not deem fit to pass an injunction on the ground of descendability of publicity rights. [ This guest post is authored by Devangini Rai.

Privacy 98

Privacy Personality Rights Blogging Publishing 98

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 63

Personality Rights Privacy Social Media Intellectual Property 63

IPilogue

NOVEMBER 17, 2021

The court ruled that the tattoo artist did in fact own the copyright in his tattoo design; however, he was limited by the personality rights of the person he tattooed. Notably, Belgian copyright law includes a statutory right to privacy , which includes the right to control your image.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

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).

IP 143

IP Intellectual Property Copyright Trademark 143

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. Chapter 20, by Maximilian Becker, addresses the overlap between trade secrets and privacy.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

SpicyIP

JULY 13, 2021

Among the many grounds was the court’s refusal to afford post mortem protection to personality rights of the actor. The plaintiff censured the defendants for violating privacy, right to publicity, free and fair trial, also invoking the Ashok Kumar jurisdiction of the court. Brief facts. Court’s reasoning.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

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

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.

Law 142

Law Privacy IP Personality Rights 142

Selvam & Selvam Blog

MARCH 28, 2022

In addition to trademarks, the players are entitled to certain rights which are covered under the arena of ‘publicity rights’. Therefore, an integral issue that needs to be addressed is whether the personality rights of a player are infringed by using their names in fantasy sports.

Trademark 52

Trademark Personality Rights Privacy Licensing 52

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. The two rights are often confused because they both relate to the control of an individual’s name and image.

Branding 52

Branding Brands Branding Personality Rights 52

The IPKat

AUGUST 9, 2021

On the one hand, there are privacy and data protection concerns, as this is a particularly intrusive form of data processing. As a next step, the SPC Provisions enumerate certain activities that infringe the personality rights and interests of natural persons. Likewise, many regulatory ventures focus on security.

Technology 127

Technology Privacy Law Litigation 127

IP and Legal Filings

DECEMBER 6, 2023

Right To Publicity- A Constitutional Right The right of publicity stems from the right of privacy. But right to privacy only came to be recognised as a fundamental right in the year 2017 in the case of Justice K.S. Publicity Rights and the Right to Privacy in India, 31.1

Privacy 99

Privacy Intellectual Property Law Intellectual Property Copyright 99