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Delhi High Court holds that personality rights of deceased persons are not heritable

LexBlog IP

There has been immense activity surrounding the jurisprudence of celebrity rights in India with numerous judicial pronouncements in recent years. In a recent development, the High Court of Delhi confirmed that the publicity rights of individuals are not inheritable and extinguished with the death of the individual/celebrity.

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SpicyIP Weekly Review (July 10 – July 16)

SpicyIP

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. Looking at the Data from the IPO Annual Reports Patent filings and grants are at an all-time high in India. Her area of interest lies in IP and corporate law.

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Taking Publicity and Privacy to the Grave: Delhi High Court on Descendability of Publicity Rights

SpicyIP

Factual Background The case at hand involved the plaintiff seeking an interim injunction against the defendants to restrain them from using the name/likeness of the late actor unauthorizedly through the release of the impugned film amounting to infiltration of personality rights, violation of free trial, passing off et al.

Privacy 98
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No Injunction on the Film ‘Nyay: The Justice’: Is It Really Just?

SpicyIP

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
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A Look Back at India’s Top IP Developments of 2021

SpicyIP

An interim order issued by a single-judge bench of the Delhi High Court recognised the right to be forgotten (RTBF) as a subset of the fundamental right to privacy. Previously , the right had been discussed in the context of individual’s names appearing in judgments.

IP 143
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SpicyIP Weekly Review (July 12 – 18)

SpicyIP

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.

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[Guest post] China’s path to regulating facial recognition technology

The IPKat

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.