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The development of Artificial Intelligence, from being able to create edited photos to now generating deepfake videos that cannot be distinguished from real videos, has created an imminent threat to intellectual property rights and personalityrights specifically. and includes both commercial and non-commercial aspects.
However, its specific emphasis on protecting certain elements of the whole scheme of copyrighted content, such as fictional characters and the distinctive personas they embody, has been a focal point, contributing substantially to the discourse surrounding the ever-expanding ambit of copyrightability as well as personalityrights.
These affected rights encompass personalityrights, representing a distinctive form of intellectual property that transcends mere financial considerations. Personalityrights, being non-inheritable and non-assignable, highlight the personal and non-transferable essence of this form of intellectual property.
This case involved Sun Pharmaceuticals allegedly infringing Cipla’s copyright and registeredtrademark. Google argued that even when the keyword is a trademark, it is never used in a ‘trademark sense’, thereby the invisible use of trademarks, as keyword, failing to meet the threshold to constitute infringement.
The proprietors of the NBC logo allege not only infringement of the registeredtrademark, but surprisingly, also of their registered copyright in the logo. The ‘use’ of the registeredtrademark ‘in the course of trade’ is an essential prerequisite for a case of trademark infringement. & Ors.
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. The judgement was passed by Justice B. Nagarathna and Justice Sanjay Karol.
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