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In a guest post , Satchit Bhogle covered the issue of infringement of personalityrights. It is noted that the test for identifying infringement of personalityrights is to check whether there has been unauthorised use of identity for commercial gain and if there is a likelihood of confusion.
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?
However, the provision which is an exception to patentinfringement is often criticised for its broad scope. The unauthorized commercial exploitation of Late Ratan Tatas name and image was also recognized as a violation of personalityrights. the Bolar provision. vs Dr. Rajat Shrivastava & Ors.
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.
PART I] Synthetic Singers and Voice Theft: BomHC protects Arijit Singh’s PersonalityRights In a first of its kind order in India, the BHC restrains AI platforms from using likeness of famous singer Arijit Singh, finding them to prima facie infringe his personalityrights. Read on below to know more.
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.
Case Summaries Anil Kapoor vs Simply Life India & Ors on 20 September, 2023 (Delhi High Court) Image from here The Plaintiff sought protection of his personalityrights, publicity rights and elements associated with his persona like his name, voice, photographs/ likeness, dialogues, manner of dialogue delivery, gestures, signatures.
Simply Life India and Ors involving Anil Kapoor’s PersonalityRights against AI in India, the case centered on the unauthorized use of Anil Kapoor’s character image and voice through AI, resulting in commercial gains for certain users.
March in South Africa, a matter, Groundprobe Pty Ltd and another v Reutech Mining (Pty) Ltd and others which started out as a patentinfringement action ended up with a court judgment revoking the patent for a lack of inventive step.
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 personalityrights throws up an important question- should such orders protecting personalityrights overlook the established principles and doctrines?
Voice Clones and Legal Tones: The Intersection of Artificial Intelligence and Posthumous PersonalityRights Bringing the dead back from their grave? International IP Development Xockets accuses Nvidia and Microsoft of patentinfringement and creating a cartel in gen AI markets.
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