IP and Legal Filings

JANUARY 31, 2024

Introduction Although there isn’t a clear legal definition of “privacy,” some legal experts define it as a human right that each and every person has simply by virtue of their existence. Disclosure of even true private facts has the tendency to disturb a person’s tranquility.

Privacy 98

Privacy Personality Rights Confidentiality Law 98

IP and Legal Filings

FEBRUARY 23, 2023

However, because this classification was limited to the Court’s obiter dicta, it cannot be relied on as definitive precedential authority. It should be emphasised, however, that these clauses do not specifically preclude arbitration, and issues relating in personal rights are arbitrable. Arbitration needs to be formalised.

Intellectual Property 98

Intellectual Property Confidentiality Litigation IP 98

IP and Legal Filings

APRIL 10, 2025

Though no definition for celebrity is to be found in any statute but the word Performer has been defined in the section 2(qq) of the Indian Copyright Act. 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 52

Personality Rights Privacy Intellectual Property Journalism 52

Velocity of Content

JUNE 25, 2024

In Andersen’s district, “We came back in person right after COVID. It is definitely important in bringing them back and engaging with each other.” We definitely don’t encourage teachers to just go out and purchase these [supplemental content].

Copyright 98

Copyright Licensing Blogging Publishing 98

IP and Legal Filings

NOVEMBER 23, 2023

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.

Intellectual Property 105

Intellectual Property Privacy Branding Brands 105

The IPKat

AUGUST 9, 2021

Already enacted and practically significant , but legally non-binding is the “Personal Information Security Specification” of 2020, which similarly categorises “facial recognition features” as sensitive personal information and requires explicit, unbundled consent and specific security measures.

Technology 128

Technology Privacy Law Litigation 128

The IPKat

SEPTEMBER 22, 2023

Part One: In this introductory part, the authors carefully laid out definitions and conceptual clarifications of the subject matter of IP. The book which is presented in four (4) parts and a total of 25 chapters touches on many areas of IP law taking into account the developments in both domestic and international IP frameworks.

Intellectual Property Law 81

Intellectual Property Law Intellectual Property Law IP 81

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. From DVDs to OTT, the entertainment domain has come a long way owing to rapid digitalization affecting creative authorship over their creations [1].

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

43(B)log

AUGUST 9, 2024

Challenges before SCt: (1) freedom of expression under Mexican constitution, contrary to due process and legal principle; (2) lack of definition of key terms did not provide legal certainty. Authors’ rights are designed to protect that intellectual and emotional bond. Result: DMCA-Plus approach to safe harbors.

Fair Use 59

Fair Use Moral Rights Law IP 59

Kluwer Copyright Blog

AUGUST 7, 2023

Perhaps it is impossible to define such boundaries definitively, necessitating a case-by-case analysis. [3] Nevertheless, the challenge for the law lies in establishing clear parameters to differentiate between a new work, a derivative work, and plagiarism. 3] Regardless of the creative level of a work, copyright comes with limitations.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

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.

Personality Rights 98

Personality Rights Privacy Moral Rights Copyright 98

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

IP and Legal Filings

OCTOBER 11, 2022

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. Living in an era where influential personalities are reverenced, fortifying Personality Rights from any such misuse is a must. PERSONALITY RIGHT.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

Intepat

MAY 16, 2023

Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. What are Publicity Rights? The definition clause under Sec.

Brands 98

Brands Branding Branding Personality Rights 98

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. She argues that the law should broaden the definition of serious comparative advertisement (where the owner of the mark advertises his product reference to his competitor’s product based on scientific study) by allowing multiple comparisons. Thematic Highlights.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On September 20, the Delhi High Court granted relief to film actor Anil Kapoor against the unauthorised use of his image, name, voice, and other traits of his persona for monetary gain, reinforcing his personality rights. Sarl a A Sarogi , where the Court affirmed the position on descendability of publicity rights.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

JANUARY 2, 2022

The petitioner contented that Jayalalithaa’s personality rights and her family’s privacy rights should be protected and that the productions may be incorrect and misleading. In ‘congratulating’ newsmakers , advertisers open themselves up to accusations of unauthorizedly infringing on personality rights.

IP 143

IP Intellectual Property Copyright Trademark 143

Intepat

OCTOBER 28, 2024

The only law in India which talks about NFTs is the Income Tax Act 1961, which includes non-fungible tokens under the definition of virtual digital assets. The issue involved in the case was whether the use of names and images of sportspersons to create digital player cards is a violation of their privacy and publicity rights.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Contracts Ownership 52