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Michelangelo’s David and cultural heritage images. The Italian pseudo-intellectual property and the end of public domain

Kluwer Copyright Blog

So, the analogical link to civil personality rights would like to allow the introduction in the Italian legal system of a tort (extra-contractual liability) under article 2043 of the Civil Code for violation of an absolute right of the “person” State. 106), the instrumental use and reproduction (art.

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The puzzled tie of copyright, cultural heritage and public domain in Italian law: is the Vitruvian Man taking on unbalanced proportions?

Kluwer Copyright Blog

Opposing the claimants’ arguments, Ravensburger challenged the cross-border application of Italian law, alleging that the claims conflict with article 14 of Copyright Directive in the Digital Single Market (CDSM) Directive since they attempt to unlawfully impose property assertions on public domain works. 633/1941, l.

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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. The plaintiff further argued that he was the lawful successor to the personality rights of the late actor. Her area of interest lies in IP and corporate law.

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Safeguarding Personal Names

Biswajit Sarkar Copyright Blog

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.

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Book Review: Overlapping Intellectual Property Rights (Second Edition)

The IPKat

Ochoa authors Chapter 9, which is devoted to the overlaps between copyright and the rights of publicity or personality rights. The case unpacks a series of overlaps between the private nature of IP and the collective nature of TK, the “novelty” concept of IP, and the perceived “public domain” nature of TK.

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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. I shall specifically be dealing with the contention around publicity rights. The plaintiffs’ claim which demanded recognition of post mortem rights thereby did not find favour with the court.

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

SpicyIP

However, in its final judgment the Court noted that the generalized principle of upholding the right to be forgotten would open floodgates and cause confusion. 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.

IP 143