Ubitha P. K, Advocate, B.Com L.L.B(Hons.), L.L.M, Cochin University of Science and Technology, Kerala, India
ABSTRACT
This research delves into the realm of personality rights protection within the framework of Intellectual Property Rights (IPR) in India. While the right to publicity, encompassing the control over the commercial use of one's identity, name, likeness, or distinctive aspects of personality, is acknowledged in IPR, Indian statutes do not expressly recognize or safeguard personality rights. The absence of explicit legal provisions has resulted in a dearth of clarity and structure, rendering the landscape of personality rights in India vague and unstructured. Recognizing the limitations of the existing IPR system, the study argues that personality rights, being sui generis, elude straightforward categorization under copyright, passing off, or trademark laws. This creates specific gaps in the legal framework, hindering the comprehensive protection of personality rights. The central research question emerges "What is the impact of the lack of express recognition of personality rights in Indian law on the protection of an individual’s identity, name, likeness, or other unequivocal aspects of one’s personality?"
Keywords: Publicity rights, Personal Identity, Copyright, Trademark, Sui generis, personal autonomy, Intellectual Property Appellate Board (IPAB), National Company Law Tribunal (NCLT).
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