SpicyIP

SEPTEMBER 25, 2023

Highlight of the Week Comments on the Draft Patent (Amendment) Rules, 2023 Image by rawpixel.com on Freepix Comments pertaining to transparency and on substantive proposals within the draft Patent (Amendment) Rules, 2023, submitted to the Ministry of Commerce. Lokesh discusses the case in this short tidbit post. Emami Ltd.

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Cease and Desist Copyright Infringement Invention Social Media 105

Kluwer Copyright Blog

JUNE 14, 2023

At the same time, the Italian Ministry of Culture has published new “Guidelines for the determination of the minimum amounts of fees and charges for the concession of use of property handed over to state institutes and places of culture of the Ministry of Culture ( Ministerial Decree of April 11, 2023, No.

Public Domain 98

Public Domain Intellectual Property Art Personality Rights 98

IP and Legal Filings

APRIL 10, 2025

The current statute provides protection of these celebrity rights under trademark law, copyright law as well as passing off action for infringing the said rights. Personality Rights: Personality is an attribute through which an individual is recognized in the society, depending upon the talent they possess.

Personality Rights 52

Personality Rights Privacy Intellectual Property Journalism 52

IP and Legal Filings

JANUARY 31, 2024

In such a situation, public disclosure of even true private facts may amount to an invasion of the right of privacy which may sometimes lead to the clash of one persons “right to be let alone” with another persons right to be informed.28. 2023 Aasha Lata Soni v.

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Privacy Personality Rights Confidentiality Law 98

The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). Ochoa authors Chapter 9, which is devoted to the overlaps between copyright and the rights of publicity or personality rights.

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SpicyIP

DECEMBER 20, 2023

We stand on the cusp of bidding farewell to 2023 with just 10 days remaining! So, before 2023 turns into yesteryear, let’s see what the past Novembers on SpicyIP (2005 to present) have offered. Although India now has the Digital Personal Data Protection Act 2023 , it doesn’t provide IP protection to databases.

Personality Rights 58

Personality Rights IP Licensing Copyright 58

SpicyIP

AUGUST 27, 2021

Towards the end, the article contemplates whether India really needs a sui generis legislation on publicity rights or not. The essay is available here.

Law 136

Law IP Editing Intellectual Property 136

SpicyIP

SEPTEMBER 12, 2024

Started in 2018, the 2nd edition of Overlapping IP Rights (OUP) was brought to completion in 2023 by his co-editor, the inimitable Prof Neil Wilkof, along with Prof Irene Calboli who came on as a co-editor following Prof Basheer’s demise. Without further ado – the review!

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The IPKat

JANUARY 11, 2024

In a recent decision, AFNIC, the French country-code top-level domain name registrar, transferred the rights to the domain name ‘porcelainefrancaisedelimoges.fr’ to the owners of the French geographical indication (GI) ‘Porcelaine de Limoges’ (decision FR-2023-03612 ). In its allegations to AFNIC, the plaintiff invoked two rights.

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Registration Art Personality Rights Intellectual Property 64

SpicyIP

NOVEMBER 19, 2023

Filo Edtech Inc vs Union Of India & Anr on 16 November, 2023 (Delhi High Court) A Single Judge Bench of the Delhi High Court re-notified the matter for further hearing on November 21. The last date for submissions is January 7, 2024. Case Summaries Bennett Coleman and Company Limited v. Capital General Store and Jawed Ansari v.

Intellectual Property 58

Intellectual Property Journalism Patent Application Social Media 58

IIPRD

AUGUST 29, 2024

Recent court decisions have clarified the scope of copyright in film screenplays, personality rights, and underlying works concerning content creation and licensing in broadcasting. The Draft Patents (Amendment Rules) 2023 can be accommodating of such technology-related patents in broadcasting. 2023 SCC OnLine Del 3046. [7]

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

LexBlog IP

JUNE 13, 2023

With a first instance ruling issued on 20 April 2023, the Court of Florence has ordered Condé Nast (editor of GQ Italy) to pay EUR 50,000 plus interest as compensation for damages arising from the unauthorized use of the image of the David by Michelangelo.

Art 52

Art Personality Rights Advertising Advertising 52

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 92

Personality Rights Privacy Social Media Intellectual Property 92

IP and Legal Filings

AUGUST 26, 2024

Recently, Bollywood Director Karan Johar [1] filed a case against the makers of “Shaadi Ke Director Karan Aur Johar” for using his name in the title of their movie without permission, this lawsuit has sparked again the debate relating to personality rights in India. Topps Chewing Gum Inc. [2] Rajagopal v.

Personality Rights 52

Personality Rights Privacy Intellectual Property Law Intellectual Property 52

The IPKat

SEPTEMBER 27, 2023

The IPKat has received and is pleased to host the following contribution by Danish Katfriends Jakob Plesner Mathiasen and Thit Nymand Nisbeth (both Gorrissen Federspiel) on the interplay between AI, deepfakes, and personality rights in the form of image/publicity rights. However, there is no federal law regarding the matter.

Personality Rights 130

Personality Rights Advertising Advertising Publishing 130

SpicyIP

JULY 17, 2023

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.

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

SpicyIP

SEPTEMBER 8, 2024

Image from here Voice Clones and Legal Tones: The Intersection of Artificial Intelligence and Posthumous Personality Rights By Julia Anna Joseph and Snehal Khemka Generative Artificial Intelligence (“AI”), a game-changing phenomenon in modern day life creates art, plans daily tasks, analyzes data, generates music, and much more.

Personality Rights 45

Personality Rights Privacy Art Music 45

SpicyIP

JULY 27, 2023

Hari Shankar affirmed the legal position on descendability of publicity rights as had been upheld previously by Indian courts. The judgement dated 11 th July 2023 disposed of an interim injunction application moved by the father of the deceased actor Sushant Singh Rajput. She has previously written for SpicyIP here and here.

Privacy 98

Privacy Personality Rights Blogging Publishing 98

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. Case Summaries M/s Blue Heaven Cosmetics Pvt. BSA Business Software Alliance Inc. vs Tube Investments of India Ltd. &

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The Court delineated instances like parody and satire where free speech in the context of well-known persons may be protected.

IP 124

IP Copyright Trademark Intellectual Property 124

IP and Legal Filings

JULY 23, 2024

Following a similar line, the Indian courts have decided that while under the Indian Copyright Law, 1957 it is difficult to trace the copyright of voice; however, the right to protection of voice and other personality rights may be awarded against any use for commercial benefits. 20, 2023) [5] Amitabh Bachchan v.

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Music Copyright Personality Rights Technology 59

SpicyIP

MAY 20, 2024

Reconceptualizing Trademark Protection in the Digital Age: A Proposal for Reform in Response to Google Ads’ Policy- Part I Offering a critique of the 2023 DHC and Supreme Court decision in the Google Ad words cases, we are pleased to bring to our readers a two part guest post by Malak Sheth. Read on to know more. The Peppy Stores & Ors.

Trademark 45

Trademark Advertising Advertising Invention 45

SpicyIP

JANUARY 10, 2025

Regarding personality rights and introducing a public interest test before granting protection to celebrities, Rebecca Cardoso, in this guest post, advocates for a balanced approach prioritizing protection against genuine harm instead of trivial grievances. Navigating Personality Rights Does Fame Have a Trade-Off?

Personality Rights 58

Personality Rights Fair Use Privacy Marketing 58

SpicyIP

NOVEMBER 8, 2024

In the third part of his three part post on personality rights, Akshat discusses the real implications of granting broad personality rights to celebrities. He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. Part I and II of this post can be accessed here and here.

Personality Rights 105

Personality Rights Public Domain Intellectual Property Technology 105

SpicyIP

NOVEMBER 8, 2024

He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. Views expressed here are personal.] “It Protects Their Hard-Earned Reputation” The Claim : Celebrities have valuable personality rights due to their immense goodwill and reputation. [This three part post is authored by Akshat Agrawal.

Privacy 104

Privacy Personality Rights Public Domain Ownership 104

SpicyIP

DECEMBER 27, 2024

In recent times, the Delhi High Court has been spewing out decisions involving the Personality Rights of celebrities. We had the Anil Kapoor decision last year and similar rulings followed in 2024 dealing with the rights of Jackie Shroff , Vishnu Manchu , Arijit Singh.

Personality Rights 58

Personality Rights Due Diligence Registering Trademarks Social Media 58

The IPKat

DECEMBER 17, 2024

This consultation informed a 2022 proposal to extend the TDM exception to commercial activities without an opt-out for rights holders. However, in February 2023, the Government decided not to proceed [IPKat here ].

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SpicyIP

OCTOBER 2, 2023

SpicyIP Tidbit: GII 2023 – India Retains its 40th Rank India ranks 40th in the Global Innovation Index, 2023! Image Rights Alright—But Can They Trump Established Rights and Doctrines? Image Rights Alright—But Can They Trump Established Rights and Doctrines? Should They? Read the post by Prof. Defendant no.

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Licensing Trademark Intellectual Property IP 58

SpicyIP

OCTOBER 1, 2023

In a “Jhakaas” (a slang for fantastic) news for the actor Anil Kapoor, Delhi High Court granted the actor an interim injunction against use/ misuse of his personality rights. Image from here Image Rights Alright—But Can They Trump Established Rights and Doctrines? Simply none. Anil Kapoor one being the latest.

Personality Rights 110

Personality Rights Non-Fungible Tokens Copyright Social Media 110

SpicyIP

SEPTEMBER 15, 2024

Voice Clones and Legal Tones: The Intersection of Artificial Intelligence and Posthumous Personality Rights Bringing the dead back from their grave? Subsequently, in 2022, the plaintiff withdrew its counter claim and consequently in 2023, filed the present suit. Drop a comment below to let us know. Read on below to know more.

Trademark 76

Trademark Editing IP Copyright 76

SpicyIP

DECEMBER 6, 2024

The status of the right lasting beyond death is an issue that turns on whether the right is to be considered a property right or a right arising in common law as a tort. The reason was two-fold. Even though the Late M.S Property or Tort, or Does It Even Matter?

Privacy 58

Privacy Music Law Personality Rights 58

SpicyIP

DECEMBER 31, 2024

T Series And Another vs M/S Dreamline Reality Movies on 22 February [Punjab and Haryana High Court] The case concerned the adaptation of late Jaswinder Kaurs biography into a cinematographic film and deals with interplay of copyright with personality rights. This goes against the caveat in Strix v.

IP 105

IP Invention Patent Copyright 105

SpicyIP

NOVEMBER 8, 2024

He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. Image from here [Part II] The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet…… The Show Must Go On? Akshat is a practicing litigator working at Saikrishna and Associates. His previous posts can be found here. By Akshat Agrawal C.

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Privacy False Advertising Personality Rights Branding 63