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Burgeoning right of publicity: An overview of the Indian experiences
Author(s) -
Mahalwar Vandana
Publication year - 2021
Publication title -
the journal of world intellectual property
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.334
H-Index - 8
eISSN - 1747-1796
pISSN - 1422-2213
DOI - 10.1111/jwip.12185
Subject(s) - publicity , jurisprudence , law , intellectual property , statutory law , political science , context (archaeology) , doctrine , tort , common law , sociology , law and economics , history , liability , archaeology
The Right of Publicity is one of the emerging rights in India which protects individuals from unauthorized use of their name and likeness by others. While some countries like United States recognize the right of publicity and have specific statutory law for the protection of right, on the other hand, India recognizes the right merely through few judicial pronouncements. This article looks into the origin and embryonic development of right of publicity through the jurisprudence evolved by Indian courts. It reviews how the courts' disparate treatment through the privacy doctrine, the IP laws and the tort of passing off has complicated the jurisprudence relating to the right of publicity. In this context, it goes on to critically analyse, first, the legal possibilities through the Indian Intellectual property laws which can be resorted to prevent the unauthorized use of persona, second, some leading case laws which offer guidance on enforceability of the right of publicity. In light of this analysis, the author suggests that in India, right of publicity needs to be detangled from other overlapping rights. It attempts to rationalize the need for an exclusive law addressing the right, instead of any adjustments or alterations to the current legal framework.