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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 PersonalityRights cases. Anything we are missing out on?
Comparing the approaches of the Courts vis a vis personalityrights and the right to livelihood, we are pleased to bring to you this guest post by Aditya Bhargava. Comparing the approaches of the Courts vis a vis personalityrights and the right to livelihood, we are pleased to bring to you this guest post by Aditya Bhargava.
Publicity, such as character, reputation and personal brand, will be protected under various statutes, such as the Copyright Act 1957 and the Trade Marks Act 1999. iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit.
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 personalityrights has become a growing problem in India due to deepfakes, morphed pictures, etc. Interesting right? Puttaswamy v.
Among the many grounds was the court’s refusal to afford post mortem protection to personalityrights of the actor. I shall specifically be dealing with the contention around publicity rights. The nature of his previous contracts and intent to protect personality should be considered. Brief facts.
She highlights that the emphasis is on investing only in royalty revenue and not buying the artist’s rights or retaining control over their work. NFTs (Non-fungible tokens), which act as a certificate of ownership for whatever the creator puts up for sale, allow artists to set their preferred terms of contract while making sales.
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 interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals.
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 case clarifies that the bar on arbitrability of trademark disputes is not an absolute one. Golden Tobacco Ltd [Delhi High Court]. Jorawer Singh Mundy v.
Views expressed here are personal.] Ex Parte Orders on PersonalityRights Courts lately have been passing a slew of ex-parte ad interim orders against Generative Artificial Intelligence (‘gen AI’ ) models for training their models using the voices of celebrities, and for producing output that reciprocates the celebrity’s voice.
NFTs are embedded with smart contracts—self-executing contracts written in code—that facilitate the transfer and verification of ownership. The defendant claimed that minting was a part of his reserved right to print and publication under the contract. Smart Contracts: Are they enough?
Voice Clones and Legal Tones: The Intersection of Artificial Intelligence and Posthumous PersonalityRights Bringing the dead back from their grave? The suit was transferred to the Commercial Court, which granted an ex-parte ad-interim injunction in 2018, restraining the defendants from using the impugned trademarks.
Weve tried to represent a diversity of subject matter also in this list, so its a mixed bag of cases dealing with patents, trademarks, copyright law etc. The decision by Punjab and Haryana High Court is also notable for explicitly stating that one needs to be a celebrity to be able to claim personalityrights.
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