Intepat

NOVEMBER 4, 2024

Data Privacy The recent uproar for some stringent data privacy laws stems from the frequent leaks and breaches of individuals’ personal data and the risk of its misuse. Data protection laws aim to safeguard raw personal data and require consent-based processing of this data for legitimate purposes. Rajagopal v.

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Selvam & Selvam Blog

MAY 28, 2024

Considering the same, the Courts have started providing remedies under the scope of personality rights wherein protection is granted against the unauthorized use of names, images, voice, likeness, dialogues or traits of popular celebrities. To be honest, under the current system, the scope of protection is limited.

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IP and Legal Filings

APRIL 8, 2023

After reviewing similar relevant cases and precedents, the court dismissed the suit, ruling that celebrity rights cannot be granted or recognized without regard for the actual concept of The Right to Privacy. ISSN:1583-6258, Vol. 25, Issue6, 2021 ● [link] ● [link] ● [link] -mika-singh-and-ors.html Author: Aratrika Manhas, B.A.

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SpicyIP

JANUARY 13, 2025

Here is our recap of last weeks top IP developments including summaries of the posts on Lemleys and Hendersons paper on AI Terms of Use Restrictions, CGPDTM order on the removal of a patent agent, Delhi HC order on disclosure of a PhD and Public Interest Need in Personality Rights cases. Anything we are missing out on?

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Kluwer Copyright Blog

JUNE 14, 2023

The Tribunale di Firenze applied the Italian law: art. 107-108 of the Legislative Decree 42/2004 , Cultural Heritage Code “Codice dei Beni Culturali” (the public law on the regulation of cultural heritage) and, by analogy, art. In particular, under EU law the Italian public cultural property seems to be inconsistent with art.

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Kluwer Copyright Blog

APRIL 29, 2024

For more than seven decades, international law has consistently led countries to embrace culture as a global and cross-border value for humanity. The human right to cultural participation has become a pillar of protecting and empowering individuals and communities.

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The IPKat

SEPTEMBER 19, 2022

In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. However, image rights in Kenya lean more towards a human rights protection regime as opposed to IP law/framework.

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Kluwer Copyright Blog

APRIL 5, 2023

The Court applies Italian law cross-border to the unitary set of conducts, based on an economic-functional link among all company divisions, indicating as the main criterion of connection with Italian jurisdiction the forum damni ex Article 20 of the Italian code of civil procedure (c.p.c.), which refer to a person’s rights to name and image.

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Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern. Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws.

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SpicyIP

DECEMBER 23, 2024

Marico had sought injunction on Alpinos advertisement alleging generic disparagement of oats. Delhi High Court Judges Included in Most Influential People in IP List: Revisiting their Judgments from a Critical Eye Justices Amit Bansal and Jyoti Singh of the Delhi HC feature on the British Media Platforms list.

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SpicyIP

FEBRUARY 17, 2025

India’s copyright law does not envision an exception permitting LLM trainings from copyrighted materials. Additionally, it is right-holder centric favouring authors and encouraging them to control the use of their works in new markets. Anything we are missing out on? Drop a comment below to let us know.

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IP and Legal Filings

APRIL 10, 2025

With the emergence of Intellectual Property as an important and relevant sector of law and awareness among people about securing and protecting the product of their intellect has resulted in the birth of several unique rights which can be protected and monetized under IP laws. under the trademark laws.

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IP and Legal Filings

NOVEMBER 23, 2023

Introduction There is no exact legislation in India concerning regulating the publicity rights of a sports athlete. Through various proceedings from the Court of law, Publicity rights are inherent in Articles 19 and 21 of the Constitution of India. [i]

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SpicyIP

SEPTEMBER 12, 2024

About the 2nd Edition As stated in the preface to the 1st edition of the book, the idea behind the book’s theme at large, stems from a question by one of Wilkof’s students on how laws address the intersection between copyrights and trademarks and the ensuing realisation by him about the general lack of secondary sources on this issue.

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Selvam & Selvam Blog

APRIL 5, 2022

For example, Amul is as famous for its quirky print advertisements, as it is for its products. While such acts were prevalent for some time now, they did not necessarily infringe the rights of any party involved in it. Personality Rights. However, the concept of moment marketing is not new.

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SpicyIP

MARCH 9, 2025

Highlights Moving Towards a Wrongful Obtainment Standard Part I Wrongful obtainment is a less explored area of patent law in the Indian context. Assessing these orders, Bharathwaj Ramakrishnan looks at the UK Patent law to discuss its relevance in streamlining the wrongful obtainment analysis in India.

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The IPKat

JUNE 4, 2022

There’s a threshold with regard to the right of likeness protection somewhere here, but the question is: where exactly? Last month, the Supreme People’s Court of China (SPC) released nine Typical civil cases of judicial protection of personality rights after the promulgation of the Civil Code of China.

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SpicyIP

DECEMBER 20, 2023

The issue has often arisen in the context of protecting confidential information through copyright law. Basheer’s two larger-than-law type posts: The Seed(y) Saga and Pest Policy. While there has always existed an arguable case for personality rights in India, the winning stakes have gotten higher and clearer over the years.

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SpicyIP

NOVEMBER 19, 2023

Other Posts Free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23] Free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship on November 22 and 23. Capital General Store and Jawed Ansari v.

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LexBlog IP

JUNE 13, 2023

Interestingly, by applying the Cultural Heritage Code, the Court of Florence also recognized personality rights – more specifically, image rights – to the work of art by Michelangelo and to works of art in general, which Italian museums would be entitled to enforce for the cultural property they have on consignment.

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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.

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IP and Legal Filings

APRIL 19, 2023

Introduction Personality rights refer to a person’s ability to safeguard his or her identity in the context of a property or privacy right. Celebrities value these rights since their names, images, or even voices may be inappropriately used in commercials by various businesses to increase sales. Puttaswamy v.

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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. The lights dim, and the film rolls. Think again.

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IP and Legal Filings

OCTOBER 11, 2022

Starting from an Actor promoting tourism advertisements to a cricketer promoting daily life snacks, we live in a celebrity-driven economy. Every day we come across many such influencers and celebrities endorsing products wherein the personality of an individual is traded either by validation or without. PERSONALITY RIGHT.

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SpicyIP

AUGUST 16, 2021

PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes. Brands have been active on social media in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out traditional advertising. Satchit Bhogle. Baby Gift House.

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SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements.

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Garrigues Blog

JULY 11, 2022

The Supreme Court has again ruled on the protection of the personality rights of deceased celebrities. Analyzed in conjunction with the previous Dalí judgment, this new ruling may introduce some uncertainty as to the post mortem scope of protection of such rights. The Supreme Court’s opinion.

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IPilogue

JUNE 3, 2022

Junghi Woo is a former IPilogue Content Manager, an IP Innovation Clinic Fellow and a 3L JD Candidate at Osgoode Hall Law School. In fact, there exist several legal implications within Intellectual Property law (“IP”), such as the common law principle of personality rights. Such technology is not novel.

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Intepat

MAY 16, 2023

This brings us to the question of whether the usage of such photographs is lawful or not, regardless of the person being a celebrity. Recently, Amitabh Bachchan’s voice and his image had been used by various persons for commercial purposes without his consent. What are Publicity Rights? Under this Act, Sec.

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SpicyIP

JULY 9, 2021

Right of Publicity: Post Mortem? . India does not have codified law for publicity rights and the precedents are the only way to understand its origin, nature and scope. For establishing infringement of the right of publicity, certain requirements need to be fulfilled which have been given in Titan Industries v.

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SpicyIP

MAY 20, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review.

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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. The court held that puffery in advertisements is allowed as long as the assertions made are reasonable.

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SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court delineated instances like parody and satire where free speech in the context of well-known persons may be protected. Bolt Technology v. First, in Toyota v.

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SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. The Kerala High Court had recognised a petitioner’s right to privacy and reputation while seeking the removal of their name from judgments published on IndianKanoon.

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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. His previous posts can be found here.

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SpicyIP

DECEMBER 27, 2024

student at Hidayatullah National Law University, Raipur. 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.

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SpicyIP

OCTOBER 2, 2023

Image Rights Alright—But Can They Trump Established Rights and Doctrines? Image from here The Delhi High Court’s recent interim injunction concerning Anil Kapoor’s personality rights throws up an important question- should such orders protecting personality rights overlook the established principles and doctrines?

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