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Published : April 17, 2014 | Author : Umang Raj
Category : Intellectual Property | Total Views : 2092 | Rating :

  
Umang Raj
Bangalore Institute of Legal Studies
 

Emerging paradigm of celebrity marks

When compared to the world regime, India has been insulating material behind in reference to publicity rights, where neither a body of case law, nor any comprehensive statutes are governing image or publicity rights. The system in Asian country is kind of inadequate to cope with the fashionable trend of endorsement advertising. However, the law has started to evolve in recent years and therefore the High Court of city has dominated on the matter. Image rights in Asian country as formed by the city High Court arise from the correct of privacy, which has emerged through a independent development in India and flows from human dignity as enshrined in Articles nineteen and twenty one of the Constitution. When publicity rights are treated as industrial property, they get a restricted quantity of protection under the subsequent material possession laws. Section fourteen of the Trade Marks Act, 1999, provides that wherever associate degree application is created for the registration of a trademark that incorrectly suggests a reference to any living person, or someone whose death passed among twenty years before the date of application, the Registrar might need the applicant to furnish him with written consent from the living person or, because the case is also, the legal representative of the decedent. So no unauthorised use is feasible. Section thirty eight of the Copyright Act, 1957 recognises performers' rights. Section 57, that recognises the ethical right of the author, may also be used to protect the name of the author. In Amar Nath Sehgal v Union of Asian country, the city High Court discovered that a lot of rights flow from a creation, together with paternity rights within the work.

In India, associate degree action for cover of image rights/ personality rights may also take the subsequent forms:
a. An action for violation of the tort of privacy with requests for an injunction and damages.

b. An action for passing-off and infringement.

c. An action for breach of confidence with requests for an injunction and damages.

d. An action for defamation, civil or criminal. A civil suit may seek an injunction and damages.

e. An action for the economic tort of unlawful interference with business or the procurement of breach of contract where the plaintiff celebrity has a subsisting contract with a third party to commercially exploit his images/ likeness in any manner.

In India, competition within the market is turning aggressive day by day. The advertising business is one in all the most important service sectors. Indian celebrities are also growing in stature. A content right could be a distinct right, which needs special attention as a result of its distinctive nature. Thus, it rests with the law-makers to recognise the commercial and property rights aspects of publicity rights to top off the lacunae in law and keep up with the speedy exploitation of personality and therefore the development of the net. Therefore, the law-makers ought to adequately balance the general public interest and therefore the individual interest of the celebrity. The statute should additionally mirror the necessity for conserving human dignity and therefore the want for economical industrial use of property on the far side an individual's period.




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