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Factual Background The case at hand involved the plaintiff seeking an interim injunction against the defendants to restrain them from using the name/likeness of the late actor unauthorizedly through the release of the impugned film amounting to infiltration of personalityrights, violation of free trial, passing off et al.
There has been immense activity surrounding the jurisprudence of celebrity rights in India with numerous judicial pronouncements in recent years. In a recent development, the High Court of Delhi confirmed that the publicity rights of individuals are not inheritable and extinguished with the death of the individual/celebrity.
Among the many grounds was the court’s refusal to afford post mortem protection to personalityrights of the actor. The plaintiff censured the defendants for violating privacy, right to publicity, free and fair trial, also invoking the Ashok Kumar jurisdiction of the court. Brief facts. Court’s reasoning.
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.
We also came across the Delhi High Court orders on the interplay between the Patents Act and the Competition Act, and on the inheritability of personalityrights. Looking at the Data from the IPO Annual Reports Patent filings and grants are at an all-time high in India. Her area of interest lies in IP and corporate law.
On the one hand, there are privacy and data protection concerns, as this is a particularly intrusive form of data processing. As a next step, the SPC Provisions enumerate certain activities that infringe the personalityrights and interests of natural persons. Likewise, many regulatory ventures focus on security.
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.
The appellant had requested the First Examination Report and responded to the objections therein, following which a hearing notice was issued with respect to objections on lack of clarity and novelty. The appellant then annexed its amended independent claim, in which it incorporated certain unobjected features of previous claims.
When they do that, they open themselves up to accusations of unauthorisedly infringing on the athlete’s personalityrights. But the patriotism of FMCG and other companies, entities who have personality and nationality only by legal fiction, is less certain. The Right of Publicity. Entertainment Pvt.
V Shrinivasan: “Will”ing Posthumous Privacy/Publicity Rights into Existence By Bharathwaj Ramakrishnan In a recent interim order (see here for a news report on this development, and for the Order see here ( pdf )) issued by the Madras HC in the case of Music Academy v. Image from here Music Academy v.
c) Top 10 IP Legislative and Policy Related Developments This category lists notable developments on the legislative and policy side and includes important amendments, proposals for amendments, release of policy notes and reports etc. However, the two categories are not mutually exclusive.
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