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Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personalityrights, Govt. Michael Madow, Akshat Agrawal in this three part post lists out where the justifications for these rights fall flat. This and a lot more in this week’s SpicyIP Weekly Review.
The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).
This grants celebrities to capitalize on their brand value and at the same time protect it under the realm of privacyrights. Celebrity rights are in a way paradoxical in nature are they form a combination of publicity, personality and privacyrights.
These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.
The book structure can be divided into four parts, with the first three analysing the overlap of patents, copyright, and trademarks, with other IP rights, respectively. The chapter on Overlap between Patent and Design Protection by David Musker elaborates on this and deals with another pressing question- Whether overlaps matter?
This unauthorized usage may also give rise to breaches of confidence or violations of privacy. While economic interests can be quantified and compensated monetarily, non-economic concerns such as privacy violations, damage to reputation, and mental distress may not be entirely redressed through financial means.
AI, a simulation of human intelligence by a computer system designed to perform tasks typically done by human beings, has in just a few short years evolved beyond what was previously believed possible, and has manifested itself in even creating new works of Intellectual Property, such as art, literature, music, etc.
When a tattoo design is created and inked onto skin, it automatically gains copyright protection. This means the tattoo artist holds the exclusive rights to reproduce, distribute, and display the design. This distinction can lead to disputes over the use of the design.
When it comes to celebrities and other public figures, the laws across Canada have established various personalityrights to protect these individuals from the exploitation of their image or likeness. PRIVACYRIGHTS In Canada, individuals have the right to a reasonable expectation of privacy. 13 C.P.R. (2d)
The plaintiff alleged that the defendants are selling counterfeit products using his registered design without authorization. Basf Se vs Joint Controller Of Patents And Designs and Ors. Bol7 Technologies Pvt Ltd Through vs Flipkart Internet Private Limited And on 4 March, 2025 (Delhi District Court) Image from here.
The template is not intended to be a one-size-fits-all solution; rather, it is designed to provide colleges and universities with a starting point for crafting their own policies. Personal Branding. What is Right of Publicity? Who is affected by the Right of Publicity? PersonalRights vs. Property Rights.
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.
She highlights that the Court refused to afford post mortem protection to personalityrights of the actor. Nishtha emphasises that in determining whether the deceased possessed personalityrights enforceable by his heirs, the Court based its reasoning on the intertwining between privacy and publicity rights.
Delhi High Court Rulings on Celebrity Rights Galore: Examining the Rajat Sharma and Mohan Babu Orders Celebrity (Rights) in the News Again: Rajat Sharma and Mohan Babu approached the court seeking permanent injunction restraining infringement of their personality and publicity rights.
An interim order issued by a single-judge bench of the Delhi High Court recognised the right to be forgotten (RTBF) as a subset of the fundamental right to privacy. Previously , the right had been discussed in the context of individual’s names appearing in judgments.
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 personalityrights. Assistant Controller of Patents and Designs on January 31 and Galatea Ltd.
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