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Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.
The book, a follow on edition from the 2012 1st edition of Overlapping IP Rights is once again a masterclass in thinking through the oft under discussed spheres of overlaps in IP, this time with additional subject areas and updated developments. Another new chapter is “ Trade Secrets and Privacy” by Maximilian Becker.
Both suits were filed before the 2012 amendment to the Copyright Act. Further, given that the 2012 amendment does not have a retrospective effect, the Court held that the amendment has no effect on the legal position. The petitioner sought to exercise the right to privacy on behalf of her late aunt, J.
Gutman created a Pinterest account in 2011 and an Instagram account in 2012, shortly after she began working for JLM. Johnson The Spectacular Failure of Employee Social Media PrivacyLaws Do Employers Own LinkedIn Groups Created By Employees?–CDM CH When Does A Parody Twitter Account Constitute Criminal Identity Theft?
Through various case laws, the scope of publicity rights has been expanded by the Indian judiciary. The Trade Marks Act, 1999 governs trademarklaw in India and provides for the registration, protection, and enforcement of trademarks. Under this Act, Sec. For instance, in Titan Industries Ltd.
In an October 2012 post, Kruttika Vijay highlighted the Supreme Court’s concerns over the lack of transparency in clinical trials in India. We must think through these and more solutions and do so sooner rather than later. As Swaraj said, it’s Time to More Seriously Question the Spectre of Copyright in the Realm of Education.
Regarding Mr. Sidhus right to privacy and commercial exploitation, the Court held that for such a right to exist, it should be first established that Mr. Sidhu is a celebrity and has commercial goodwill. Madras Samsung Trade Union Issue In October, we also saw a unique dispute concerning interaction of labour laws with trademarklaws.
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