Beyond Property And Privacy: Rethinking The Origin Of Publicity Rights And Its Recognition Under IPR Laws
Devyani Mishra, NLIU, Bhopal
Rituraj Singh Parmar, NLIU, Bhopal
INTRODUCTION
Intellectual property (IP) law in India is no longer a specialized field. Stories covering topics like trademark infringement and geographical indication grants frequently hit news headlines. IP laws have evolved to include new forms of protection beyond the traditional categories of patents, trademarks, designs, and copyrights. One of these newer areas of protection is personality rights. Recently, in the case of Amitabh Bachchan v. Rajat Nagi1, the Delhi High Court issued a temporary injunction restraining the defendant from violating the personality rights of the actor Amitabh Bachhan by utilizing his name, voice, image, or any other distinctive characteristics for any commercial purposes. In light of this, the authors aim to analyze publicity right under three broad heads. In particular the authors discuss - i) the origin of Publicity right vis-à-vis its position in India; ii) Understanding the nature of publicity right; iii) protection granted to Publicity right under Indian regime.
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