Intersection Of Trademark And Copyright Laws In Protection Of Fictional Characters In India

Sakshi Kamulkar, NMIMS, Navi Mumbai

ABSTRACT:

Fictional characters have emerged as cultural icons, playing a pivotal role in the entertainment industry. Protecting their intellectual property rights is crucial, given their increasing value. In India, these rights are governed by the Patents Act, 1970, Copyright Act, 1957, and Trademarks Act, 1999. Copyright protection primarily covers the expression of ideas rather than the ideas themselves, making it a key safeguard for fictional characters. Trademark law in India also contributes to their protection, ensuring the preservation of their reputation and preventing unauthorized use. This research paper explores the existing legal framework and the challenges creators and owners face in protecting fictional characters in India. It discusses the relevant statutes, emphasizing copyright's protection of original literary and artistic works. The paper also examines the intersection of copyright and trademark laws in safeguarding these characters, with a focus on well-known trademarks.