SpicyIP

JANUARY 2, 2022

The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. Durga Trading Corporation was clarified in this case. In Dhiraj Dewani v. Saregama India Limited v.

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IP Intellectual Property Copyright Trademark 143

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.

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SpicyIP

DECEMBER 20, 2023

Meanwhile, there was a case where the Delhi High Court struck down Section 24(5) of the Plant Varieties Act which which allowed the registrar to issue interim directions against third-party abuse during the plant variety registration process. Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights.

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IP and Legal Filings

DECEMBER 6, 2023

Publicity Rights and the Right to Privacy in India, 31.1 NLSI Rev 125 (2019) The 1709 Blog, Right of Publicity Trumps Artistic Freedom of Expression (Jan 23, 2013, 04 : 01 PM), (available at – [link] Cour Cass, lérechambrecivile, 20 mars 2007, Bull. 06-10.305, [link] Publicity Right in India: A Misconception!

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