Tag: IPR

ABOUT THE FIRM

Puri & Puri (Advocates) is a law firm providing full legal services to individuals, businesses, and companies in Delhi and throughout the territory of India. The firm was founded by Adv. V. K. Puri in the year 2003 and has emerged as one of the most recommended law firms in India providing adept legal solutions to their clients in diversified sectors. The stimulating work environment brings the best legal brains at Puri & Puri (Advocates) to take care of the legal needs of their clients. Their team of advocates embodies experienced, dynamic, zestful, and innovative legal experts having outstanding professional backgrounds.

Puri & Puri (Advocates) have separate teams of advocates governing different legal spheres namely, International trademark registration, domestic trademark & copyright registration, cheque bounce matters, recovery suits, and other civil litigation matters. During the term of their services, they have been awarded various court orders including ex-parte orders in their interest. These orders are available on the online sites of the concerned courts. Moreover, they have been actively engaged in conducting Raids of Copyrights and Trademarks.

JOB DESCRIPTION

1. Job Designation: Advocates and Paralegals
2. Job Location: New Delhi
3. Experience: 0-1 Years
4. Location: Gujranwala Town, Delhi.
5. Any advocate/intern/paralegal interested to start their career in Intellectual Property Registration or Prosecution is encouraged to apply.

APPLICATION PROCESS

Interested candidates can send their applications to puris_1@yahoo.co.in

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ABOUT THE FIRM

Sagar Chandra & Associates is a boutique Intellectual Property Law firm with the ability to address issues across India and Internationally. Founded in 2009, the Partners in the Firm have an experience of over 15 years of each in the field of Intellectual Property Rights. The Firm provides creative, practical as well as business-oriented solutions for both Contentious and Non-Contentious matters in the field of Intellectual Property. The Firm’s Practice Areas include both Contentious and Non-Contentious issues in Trademarks, Copyrights, Patents, Designs, Geographical Indications, Domain Names, Trade Secrets, Unfair Competition and Media and Entertainment Laws. Sagar Chandra & Associates has two partners, Sagar Chandra and Ishani Chandra, both of whom have over 15 years of experience in Intellectual Property Practice.

JOB DESCRIPTION

1. Practice Area: Intellectual Property Rights
2. Department: Patents Team
3. PQE: 0 – 1 year
4. Location: B-18, Lower Ground Floor, Soami Nagar, New Delhi – 110017 

QUALIFICATION

• Candidates with B.Sc (Hons.) (Chemistry/ Biotechnology)/ B.Tech in Chemical Engineering/
• Biotechnology/ M.Sc (Hons.) (Chemistry/ Biotechnology) can apply. 
• Candidates with LLB(Hons.) in addition to the afore-mentioned qualification(s) would be given preference. 
• Candidates should have prior experience (internships included) in the field of Intellectual Property Rights.

APPLICATION PROCESS

Interested candidates may email their CV along with a cover letter to career@scalegal.in with the subject line ‘Job Application – Patents Team- Your name [PQE]’.

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Introduction

The advancement in the mode of communication has made human life very easy. Earlier the modes of communication available were very time-consuming and less efficient. In today’s world with the advancement of technology, communication has become very easy and a speedy process. The whole world is now turned into a small village considering the fact that the internet has made access to anyone and anything very simple. Social media is one such platform where people are connected. The term social media is related to computer-based technology facilitating the sharing of ideas, thoughts, and information through various virtual platforms. Social media is internet-based and provides users with the quick electronic communication of content, such as personal information, documents, videos, and photos. More than 4.5 billion people use social media, as of October 2021. Social media has paved the direction of how society thinks. It has become a platform for the dissemination of truth as well as lies. When everything is affected by the social media justice system and judges are no exception to it.

Independence of Judges

Judiciary being the 3^rd organ of the government, it is important that it is independent of any influence from the other two organs of the government or people in general. The term is normative in a sense as it provides what courts and judges ought to possess. The independence of the judiciary is important to save the general public from any unjust treatment. The concept of independence of judges has come from England’s Act of Settlement. Independence of the judiciary is important in a country like India owing to the diversity of the population residing in India. Provisions in judiciary securing the independence of Judiciary:

• Security of tenure. (Art.124(2))
• Salary and allowances.
• Power to punish for its contempt. (Art.129 in Supreme Court, Art.215 in High Court)
• Separation of judiciary from the executive. (Article 50)
• No practice after retirement.

With great powers of the judiciary comes great responsibilities upon the judges.  Indian Judiciary in the Chief Justices’ Conference, 1999 laid down several principles and these were accepted by all the High Courts.  Justice must not only be done but it must also be seen to be done. The working members of the higher judiciary must sustain and reaffirm the people’s faith in the impartiality of the judiciary. Keeping this in mind Judge of the Supreme Court or a High Court, in any capacity whether official or personal capacity, erodes the credibility of the Indian justice system has to be avoided. A Judge should not participate in the election to any office of a Club, society or other association; further, he shall hold elective office only in a society or association which is related to the law. Close association with those who practice in the same court shall be avoided. A Judge should not permit any member of his immediate family if a member of the Bar, to appear before him or even be associated in any manner with a cause to be dealt with by him.

No member of his family, who is a member of the Bar, shall share the same residence with him or use any other facilities provided to judge for professional work. A Judge shall avoid hearing and deciding a matter in which a member of his family, a close relation or a friend is concerned. A Judge shall be extra vigilant while entering into public debate or expressing his views in public on political matters or on matters that are pending or are likely to arise for judicial determination. He must avoid situations where he has to give interviews to the media. A Judge shall not accept gifts or hospitality from anyone other than his family, close relations and friends. A Judge should not engage directly or indirectly in trade or business (Publication of a legal or any activity in the nature of a hobby shall not be construed as trade or business).

A Judge must not engage himself in contributions or raising of any fund for any purpose. A Judge should not seek any extra financial benefit in the form of a privilege because of his office unless it is clearly available. Any doubt arising in this context must be resolved and clarified through the Chief Justice. Every Judge must always keep this thing in mind that they are always subjected to the public gaze owning to this fact they must act or omit in a manner that does not result in depreciating the reputation attached to the occupation. The Preamble of the Bangalore Principles of Judicial Conduct, 2002, laid down the principles that are intended to establish standards for the ethical conduct of judges. These guidelines put forward guidance to judges and regulate judicial conduct. The main aim of the principles is to assist members of the other two organs of the government along with the general public to support the judicial system in India.

Media Trials

Social media has become a platform that does not circulate facts but rather matters that can help them gain TRP. Protracted debates and discussions are held that are merely based on speculation, which hurts the rights of witnesses and the accused. The Freedom of speech and expression that is provided under the Article 19(1)(a) has been misused again and again. The criminal jurisprudence followed in India is based on the theory that any accused cannot be held guilty until his guilt is not proven in a court of law. Social media circulates views that may or may not be true about both the victims and the accused.  

The media does not consider the principle that governs trials in India which is “Guilty beyond reasonable doubt” and “Innocent until proven guilty”. It puts a burden on the trial courts which have the duty to minimize the effects of prejudicial publicity. Continuous remarks from such social media platforms can force judges to take decisions in the favour of the media rather than what is actually demanded in the case. Recently we saw in the Nupur Sharma case the bench comprising Justice Surya Kant and Justice Pardiwala during the hearing of the writ petition being filed made oral remarks which led to many personal attacks on the judges. Sometimes the general public fails to understand the questions asked in the courtroom are conscientiously for fulfilling the requirements of the law. Media can only circulate the words of the judges without knowing the contexts for the same which impacts the private lives of the judges.

Impact of social media

Judges are also normal citizens of the country and like any other citizen of a country they are also free to use social media but they must bear in mind that their active participation requires careful consideration. Judges must comply with the legal and ethical ramifications keeping in mind the nature of their profession. Positive aspect of social media is that it brings closeness, and openness in the society but at the same time any posts of judges are subjected to misrepresentation or misinterpretation of the content posted by them, or even led to cyberbullying and threats to privacy and safety. In 2011, the International Bar Association Legal Policy & Research Unit (IBA LPRU), conducted a global survey to consider the impact of Online Social Networking (OSN) on the legal profession.  

The survey conducted to measure the impact of OSN on the legal profession revealed that judge use of social media raised specific concerns, 40% responded that judges’ use of OSN negatively affected public confidence in the justice system and undermined judicial independence. People have access to the words said by judges by most of them lack the knowledge of the law and they fail to interpret the actual meaning behind the rationale given by judges. Support for judicial use of social media is made apparent by Union Law Minister Ravi Shankar Prasad.

He supports the idea of social media platforms involving in spreading of thoughts, views and knowledge. Judges must be given complete independence to give judgment as to what they decide keeping in mind the rule of law. Media -trials have become commonplace in India. Before a case is decided in a court of law people already have passed their judgment about the matter about which they have no idea. Judges must keep in mind how they are portraying themselves on social media. They must not give any comments regarding the case they are hearing in court. In 2014, IBA’s Legal Policy and Research Unit (LPRU) published its International Principles on Social Media Conduct for the Legal Profession. Pros and cons of the use of social media and guidance regarding judicial conduct and ethics are given in this research.

There is a need to regulate the disclosure of judicial proceedings because those who do not have the knowledge of law forget the fact that law has no space for sentiments. Judgments are passed keeping in mind all the legal aspects and there are meager chances that the judgment can be biased. Criticizing any judgment on legal grounds is acceptable in a democracy but criticizing judges and giving them personal remarks accounts for defamation. Maintaining their oath of allegiance to the Constitution of India, and sustaining the dignity of the office they hold, Judges have to turn deaf to any criticism. In the Global Programme for the Implementation of the Doha Declaration, it was discussed that in order to bridge the gap between a fair comments on any judgment and personal comments on judges there is a need for education, training and recommendations on how social media can affect its users.

Conclusion

Judiciary is a body responsible for adjudicating law. It has the power that provides justice to the victims. For the proper functioning of the judiciary, it is important that it does not have an undue influence on anyone. Its proper functioning is important to maintain harmony in society. Judges are social workers and any judgment passed by them is based on as per the rule established in law and with due deliberations. Their judgments must not be made a tool to attack them personally, as it is against the justice system.

References

1. www.investopedia.com › terms › s “Social Media: Definition, Effects, and List of Top Apps” -…Accessed on 13 September, 2022
2. Data Reportal. “Global Social Media Stats October 2021”Accessed on 13 September, 2022
3. www.royal.uk › act-settlement-0The Act of Settlement | The Royal Family
4. www.barandbench.com › columns › social-media-and-the Social Media and the Judiciary – Bar and Bench

This article is written by Rishita Vekta, B.A.LLB(H) 2nd Year, from Lloyd Law College, Greater Noida U.P.

–Report by Avinash Pandey

Impersonation refers to a state in which a person or a company is trying to pretend to be someone else to either take advantage of their goodwill to gain unnecessary profit or to conduct such acts which might harm the company’s acknowledgment in the market. Infringement of intellectual property refers to a process when a person is using an intellectual property registered under someone else’s ownership without their due permission for their advantage. Intellectual property infringement can be related to any type of intellectual property including trademark infringement, copyright infringement or patent infringement, etc.

The plaintiff in Amazon Seller Services PVT Ltd. Vs Amazon Buys and ORS is “Amazon” which is a very popular online marketplace when it comes to India where lakhs of people buy products and vendors indulge in business. The petitioner in this case owns the traditional intellectual property rights to its name and domain name i.e., Amazon and its logo of the brand. By following the due process of law established in India to register the intellectual property, the plaintiff has completed all the aspects in order to publicize its brand within the territorial boundaries of India.

The plaintiff contended in this case that the defendant i.e., Amazon buys was using the intellectual property of “Amazon” by having a similar domain name and using the same logo owned by “Amazon”. They further stated that this company was conducting fraud by using the name of the plaintiff as it was charging fees from the buyers and the sellers on the website which has never been demanded by “Amazon” under the established policies and processes.

The plaintiff further contended that the defendant had used the same user face on its website that “Amazon” had used and the links were also edited in a way that the customers will be directed to the defendant’s website even though they will be clicking verified website links. The main contention put forward was whether “Amazon buys” was infringing the intellectual property rights of “Amazon” and whether using identical logos and an identical user interface can be considered an infringement of intellectual property.

The court while observing the case had looked over all the documents presented by the plaintiff that was against the defendant including screenshots and emails from the customers saying that the price for the product displayed online was way higher compared to the competitors. The court felt that the customers were being robbed by the defendant as the customers were asked to pay more than usual. Further, the High Court observed that “Amazon”, the plaintiff in this case had established a prima facie case.

The court delivered an interim judgment in favor of the plaintiff’s services, it further stated that the defendants are ordered to immediately stop using the same logo and same website interface as that of the plaintiff. It was ordered to deactivate and remove all the social media accounts of the defendant which were impersonating the plaintiff, block the IP addresses of the people that were using the website and freeze all the bank accounts that were connected to the website. Moreover, the defendants were directed to release an affidavit for all the transactions that had been conducted. Lastly, the court ordered the Ministry of Electronic Information and Technology to block all the URLs and links that were presented by the plaintiff in the case which would direct the customers to some other website.

INTRODUCTION

Intellectual Property (IP) is a kind of invention by a living being in form of literature, artistic, designs, symbols, names, and images in trading.

Intellectual Property Rights (IPR) are granted to the owner of Intellectual Property. These rights protect the property’s misuse by someone other than the owner. Having intellectual property has become common in the modern world. Protection of Intellectual property enhances the publication and its distribution. It helps in boosting economic growth.

To distinguish IP from other forms of property is its intangibility. IP can be owned and owners have the right to protect the property. When you are given rights to protect the property you are also given duties to be fulfilled. As we all know there are various kinds of IP that leads to different kinds of rights and duties in society so that all IPs can exist together. Any IP once sold by its first owner to the other then the first owner’s claim to the property is completed. With new technologies around the world, the new items are making it up to the IP. Facilitating fair trading and competition in the market.

Bajaj Auto Ltd v TVS Motor Company Limited¹ this case has been pending before the court for 2 years leading to losses to parties due to which Supreme Court ordered that cases must be resolved within four months of filling any such related suit.

Yahoo Inc. v. Akash Arora² this case was about the IPR on the internet, in the instant, the domain name of the defendant’s website was identical to that of the plaintiff due to which people can easily get confused. The general public may believe that both the name must have some sort of connection. The court observing the importance of domain name ordered the defendant to stop the usage of an identical name as it is essential for the company’s advantage.

SUI GENERIS

The term ‘Sui Generiss’ is derived from Latin meaning its own kind and in layman’s terms unique. In legal it means a control-free legal classification. Provides a set of laws to protect Intellectual Property Rights, allowing the provider of the invention must be protected and compensated for the contribution made to society. It can also be a law that provides protection to copyright, patents, trademarks, geographical indications etc.

The policy laid down by the Indian government in 2016 aimed at making citizens aware of intellectual property. To promote modernization, acceleration of commercialization, expansion of institutions specialized in IP and development of human skills.

Intellectual property can be classified as—

COPYRIGHT:- The property in tangible form in terms of literature, artistic, poems, novels, songs, and computer codes. The copyright gives one authority over the work and the owner is capable of deriving economic benefits like commercializing the use of work and receiving respect for his/her work. Copyrights are based on the creativity and originality of work. In India, the copyright is governed under Copyright Act,1957.

PATENT:- It is an exclusive right that is granted to the owner of the invention. Invention means a new way of making use of something, the machine-made for some purpose. In India, the patent is governed under Indian Patent Act,1970 providing the owner of the patent to make use, sell, controlling the patented subject. It must be registered for getting the sanction of license. A patent can be given up by the owner of the patent by surrendering.

TRADE MARK:- It helps us in the differentiation of one product from other products that have the same class. It helps one product stands out from other products. Giving protection to any symbol, phrase, design, or icon helps in the recognition of the product. It is protected under the Trademark Act, 1999 objective of protecting trademarks from misuse of trademark, expanding the usage of trademarks and reputation of a firm’s trademarks.

GEOGRAPHICAL INDICATION:- Name and sign of product based on its geographical location. The indication leads to the defining quality and process for the manufacturing of the product. Geographical indications are governed under the Geographical Indication of Goods Act,1999  in India. It aims at providing protection to the protection considering the interest of the owner. The product that is based on geographical location may be a natural hood, agricultural good or ingredients used in a product taken from that geographical location.

INDUSTRIAL DESIGN:- It aims at protecting visual design created with dimensional or two-dimensional figures or shapes, coloured, lined, textured, and material used.

PLANT VARIETY:- There must be a diversity of plants distinct in nature, offering material used for selling, and providing material for imports and exports.

TRADE SECRETS

Trade Secret is a kind of intellectual property that includes the process of working, formulas to programs, the pattern of work or confidential information that is financially valuable, only a limited number of people are familiar and viable steps must be taken to keep the concerned information a secret. Some examples of trade secrets include Coca-Cola Drink, KFC, McDonald’s etc.

The law based on intellectual property rights forbids others to disclose a trade secret to anyone who is not part of a firm or project or not allowed to know. Trade secrets can be technical in nature including formulas, codes for programming, commercially including advertising, and processes of making.

ORIGIN

The year 1977 saw the rise of Trade Secret in India when the government orders Coke to surrender the formula for Coke due to which Coke pulled out of the Indian market and re-enter the Indian market when the central government changed. India was part of the General Agreement on Tariffs and Trade (GATT) in 1984 as the concept of intellectual property was based on immediate disclosure, publication, and registering the innovation whereas trade secrets are meant to be kept secrets as the term suggests, therefore, India refused to include trade secrets.

In 1991 the liberalisation policy was introduced aiming at private and foreign investment. India was part of the Uruguay Round that leads to the introduction of intellectual property rules into multilateral trade and the treaty was called as Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in 1994. Consequently, India became a member of the World Trade Organization (WTO) in the year 1995. As per the agreement, it makes it an obligation towards members of the organisation to protect ‘Trade Secret’. Later, India enacted laws to comply with the terms of the agreement.

With the passage of time, the issue became important and the need for the new law was felt, therefore, the Indian government introduced the National Innovation Bill 2008 aimed at providing a boost to innovations done either privately or publically and codification of set of laws for maintaining trade secrets. Soon, the bill disappeared in thin air. India ignored the subject till 2016 when ministerial-level meetings were held between the U.S.A. and India leading to the mention of the term ‘Trade Secrets’ in the National Intellectual Property Policy.

PROTECTION

The one who owned trade secrets must be responsible for keeping them confidential by both technical and legal measures. The owner must know the importance of trade secrets, and access to such codes, formulas, and data must be protected by stronger security.

Trade Secrets became more prone to the risk of getting misappropriated when a former trustable employee leave and was suspected of using economically valuable information for its own benefit. For the protection of the trade secrets of a company, there must be stronger laws that include the agreement of secrecy and for breach of confidence etc.

The agreement of secrecy was not considered to hold back the practice of trade³. There is always an agreement of confidentiality between employer and employee⁴.

In the instant case of John Richard Brady v Chemical Process Equipment Pvt. Ltd.⁵ the usage of the same information that is provided by the plaintiff to the defendant under the clause of confidentiality was used for the defendant’s benefit hence the confidentiality clause was breached leads to the liability of the defendant.

When secrets are shared among competitors then the competition would be unfair hence, a company that is unable to meet the satisfaction of consumers leads to a lack of promotion of new innovations. Secrets can be kept for a longer time without a bar of certain years will be applicable immediately or at the stated time.

INTERNATIONAL TREATIES

Paris Convention on Protection of Industrial Property,1883: The first treaty in favour of Intellectual Property Rights having 30 articles revised in 1967 aiming at equal treatment to IP of other member nations same to that of its own citizens, the owner may seek protection from more than one country and all countries must have some common rules regarding IPR.

Berne Convention for Protection of Literary and Artistic Work,1886: The original should be given protection instantly from the time stated an equal treatment must be given to all such works. The protection must be given to work in other member countries as well.

Universal Copyright Convention,1952: The treaty aims at national equal treatment for all IP minimum safeguards.

World Intellectual Property Organization,1967: With the objective of providing people with state cooperation towards international applications for intellectual property, technical assistance for issuance of the certification of  IP.

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS),1994 recognises the international intellectual property dispute resolution and protection mechanism.

WIPO Copyright Treaty,1996 promotes the protection of computer programs, and data stored.

CONCLUSION

Even after so many laws to protect Intellectual Property the owner still suffers the loss by bearing the high legal cost of certification and other losses. Laws are just imposed so one might know the consequence of their action but someone will follow the laws that aren’t necessary so the owners of intellectual property still face many problems. Sometimes, people may use your work as their own without your knowledge and consent, but by the time you cane to know the value of the product diminishes.

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CITATIONS

1 2009 (12) SC 103

2 1999 (19) PTC (Del)

3 1967 AIR 1098

4 130 (2006) PTC 609 Del

5 AIR 1987 Delhi 372

This article is written by Simran Gulia of Maharaja Agrasen Institute of Management Studies.                                                                           

INTRODUCTION

As far as the general public is concerned, a celebrity is a person who has achieved a level of renown and recognition in society that makes him or her clearly identifiable. It might be related to the appreciation and honour for some type of success by a huge group of people in a country like India. This can also be interpreted in a business sense: if a person’s reputation is utilised to promote a product, that person will be considered a celebrity in the sense of publicity under the ‘direct commercial exploitation of identity test.

This is the current issue in the media which the IP law regime attempts to defend. Despite the facts, though celebrity rights are protected under IP law, this today becomes an important area in the field of media owing to the facts

• Celebrity interaction with media is frequent.
• Media is used as one of the means to exploit different rights of celebrity.[1]

Celebrities are seen as a source of honour by many people. In a democratic country, people take it as a prize for accomplishment which the sportsmen and artists earn with their talent. People elect Politicians. Celebrity is conferred by the general public. The media dictates what the public sees. However, the public’s choice as consumers and electors ultimately conveys celebrity. There is also a type of celebrity that is largely uninvolved. It is given to princes and princesses via birth or marriage. Others gain fame as a result of their unintentional involvement in newsworthy occurrences.

The rights exploited by media are

• Moral Rights– the personality of an individual signifies his way how people will identify him and where he stands in the society. By forming a personality one sets an expectation in everyone’s eyes and in this way, he is believed to behave in the society. Every person possesses different talent and accordingly this contributes to the society effectively. The property of a person simply shows the extended version of his personality and the contribution of the person towards the society shows how extended is personality is.
• Privacy rights– Celebrities are quite popular in the society and people personalize them to be their friends and curiosity arises which makes people want to know more about the personal lives of the celebrities. The curiosity arouses the people wanting to know from the personal affairs celebrities are having to what clothes they wear, the places the celebrities visit. There is no exchange of information as these celebrities don’t know the public. So celebrities control their personal information as not controlling their private life may lead to situations of humiliation, embarrassment.

One of the most well-known judicial rulings was issued in the case of Barber vs. Times Inc, in which a photographer photographed Dorthy Barber giving birth to a baby boy during her pregnancy. Ms Barber had filed an invasion of privacy lawsuit against Time Inc. for entering her hospital room without permission and photographing her despite her protesting against it. Mr. barber was successful in the suit and was awarded damages of 3000$. It is the duty of the media, that when it publishes any private matters of celebrities it should give accurate information. In this case, the media was found liable for the damages. Where media publishes truthful information, it is not liable to pay for any damages.

From the above case, we can say that remedies are available to celebrities either in the form of ‘right to privacy’ action or in the form of the fundamental right of ‘right to privacy as part of Article 21 of the Indian Constitution.

PUBLICITY/MERCHANDISING RIGHTS

By Publicity right we mean any right to prevent unauthorized and commercial use of the name and fame of an individual. To claim this right, one needs to set up a form of merchandise, basically, an act that is intended to promote the sale/popularity of a commodity. If someone uses the fame of a celebrity to promote his products that would be termed as unfair trade practices.

In the Sourav Ganguly vs tata tea ltd case, when the cricketer had returned after scoring spending centuries was disturbed when he got to know that the company Tata tea ltd where he used to work as manager has been promoting that whoever will purchase 1 kg of tea, he would get the chance to congratulate the cricketer via a postcard, which can be found in each tea packet. In this case, the company was in an attempt to increase the sale of its products in the market of India where everyone knew Sourav Ganguly. The court ruled in the favor of Sourav, considering the fame and popularity are his intellectual property

We can say the law with regard to the publicity rights of celebrities is still not fairly developed.

RIGHT TO PUBLICITY

By right to publicity, we mean a celebrity holds a limited(exclusive) right to all the profit earned if one misuses his fame and popularity for commercial purposes. This right is different from the right to privacy and also an ‘adversely portrayal of one’s personality.

 In other words, we mean the moral rights of the celebrity over their personality.

In the same example, Sedley LJ opined that harm to an individual’s reputation (or invasion of privacy) is not regarded as a type of financial or economic loss. The plaintiff would lose in this scenario because their reputation would be less valuable as a commodity to be exploited through licensing and assignment. As a result, the publicity right is concerned with intangible or non-physical harm and intangible property ownership. As opposed to a right against injury, it is in the form of a proprietary right with an individual.

The importance of recognizing this right to favour the celebrity is to secure them a form of Intellectual property that is meant to protect them against any harm but the main motive is that they can secure financial benefits they can gain by using the property. This is usually justified as compensation or incentive for the claimant’s efforts in developing the intellectual property. Apart from that, the right is significant since it can be assigned and licensed to media players for financial gain an advantage.

WHY CELEBRITY RIGHTS ARE IMPORTANT?

In the age of the internet and other more advanced forms of communication, the theory of celebrity rights has become more relevant and a topic of debate. People in the country are interacting with the media in ways they have never done before. Because the media has become more fast-paced, the image of a celebrity can be used for publicity which causes an invasion of privacy. For example, in the Julia Roberts case which was a recent judgement by the WIPO Complaint and Arbitration Centre), the defendant operated a website called Julia Roberts.Com and in order to sell his item, he used the same website to run an online auction programme. Julia Roberts stated that the defendant utilized her notoriety to promote his auction on the Internet since the public would be curious to learn more about the celebrity and would visit the website from all over the world, making his auctions popular all over the world in a short period of time.

The fact that components of such rights are recognized demonstrates why they are vital. According to Leggatt LJ, ” Another crucial element to think about at the same time is the concept of privacy. People take advantage of the fact that superstars draw a lot of attention because they are traffic magnets. The public’s curiosity may thus lead to a situation in which the ‘paparazzi’ make it difficult for such superstars to go out in public in a regular manner. Although there is a right to get information in our country, this cannot be construed as the goal of the law to intrude into topics that such people do not want to be discussed in public.

We can say in the present age it is important to protect celebrity rights.

Even while Indian law has not progressed to the point where celebrity rights are recognized as a separate right, the court’s remarks suggest that they may do so in the future.

ENDNOTES

1. Celebrity Rights – Is It Important in India? – Intellectual Property – India (mondaq.com)
2. Celebrity Rights in India (legalserviceindia.com)

This article is written by Vidushi Joshi student at UPES, Dehradun

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About Tryambak

Trayambak is a dedicated full-service Intellectual Property company, which provides a wide range of professional intellectual property law services to its local as well as foreign clients. The Intellectual Property Division of Trayambak comprises of a team of dedicated Patent Attorneys and Agents having specialized domain knowledge in the field of Life Sciences, biotechnology, Medical, Pharmaceuticals, Electronics, Mechanical, Telecommunications and software.

Know Your Mentor

Ms. Isha Sharma is the founder of Tryambak Overseas Pvt. Ltd. She has 10+ Years of experience in the area of IPR. She closely works with Legal Heads of corporates, chartered accountants and founders of various industries to help in patent & trademark registration process.

Course Highlights

1. Evolution of Intellectual Property Rights
2. Internatonal Law on Intellectual Property
3. Forms of Intellectual Property
4. Significance of Intellectual Property
5. Career Prospects in the field of IP
6. Job Profiles in Intellectual Property
7. The Law on Patent
8. The Law on Design
9. The Law on Copyright
10. The Law on Trademark
11. Learn about Litigation and Prosecution in IP
12. Learn about filing process of IP

Who Should do the Course?

• Law Students pursuing LL.B
• Legal Professionals who are interested in IPR and wish to explore the field.
• UG and PG Students of any field especially
• Science, Medicine, Technology and Management
• Legal Academicians
• Any other Person interested to explore IPR

Why Lexpeeps Xcell

• Complete Coverage of the Subject
• Access to Study Materials
• Course content created by Industry Experts
• Internship Assistance to Students Enrolled in the
• Course
• Access to Lexpeeps Webinar and Workshops
• One on One Query Resolving Sessions
• Weekly Assignments and Test to track your
• performance
• 24×7 Access to the study material
• Interactive and Recorded session with trainer

Perks

• Certificate on Successful Completion of the Course (online & offline both)
• Internship Opportunity at Tryambak Overseas Pvt. Ltd.
• Membership to Lexpeeps Xcell Alumni Network
• Goodies to the Toppers

Discount and Offers

• 5 % discount on using Referral Code
• Additional ₹500 Cashback to First Ten Learners

Other Guidelines

Lexpeeps Pvt. Ltd. offers specially designed and practical courses.

1. Once you have filled the Google form you shall be considered a ‘learner’ and you agree that you will not resort to any unethical practices or violate any laws that may be applicable in your case.
2. You acknowledge that if any information provided by you at the time of filling the Google form not correct, we reserve the right to terminate your use of our services and your enrolment into a course, to the extent applicable.
3. You agree that you are registering with the intent to complete the course, if any, that are relevant and applicable to the course into which you have enrolled.
4. You agree to abide by the decision/evaluation of Lexpeeps Pvt. Ltd. for grading your assignments.
5. You agree to meet the deadlines for submission of various assignments/projects & following other logistical formalities and that issuance of the final certificate of completion/certificate of merit will be subject to your complying with the terms of this document.
6. You agree that only you are authorized to access the content that is copyrighted with Lexpeeps Pvt. Ltd. and not to share or make available to any third party who has not subscribed to the course, workshop or program by Lexpeeps Pvt. Ltd.
7. While Lexpeeps Pvt. Ltd. puts in best efforts to ensure that the content for its courses, workshops or programs is authentic and correct, it makes no warranty to that effect.
8. You agree not to share your user credentials (user ID & password) with any third party who has not subscribed to the course, workshop or program by Lexpeeps Pvt. Ltd.
9. Lexpeeps Pvt. Ltd. can modify or remove any content from its platform or the courses that you have opted for, at its sole discretion. Lexpeeps Pvt. Ltd. need not notify the learners of any such change.
10. To get the certificate the student is required to attend the live classes, and mark themselves present. Watching recorded classes won’t be marked as attendance.
11. No return policy on the fees that is paid for the course.
12. Students have to submit the assignments assigned to them within the limited time frame.
13. Limitation of Liability – Under this User Agreement and during the course of our association, the maximum liability of Lexpeeps Pvt. Ltd. shall be limited to the fees paid by you.
14. In case of any disputes or differences arising under this agreement or during the tenure of service from Lexpeeps for the Course between the Learnor/ Xcellor (Term used for course buyer from Lexpeeps Pvt Ltd.), the matter shall be referred to a sole arbitrator appointed by Lexpeeps whose decision shall be final on each and every issue. The arbitration proceedings shall be conducted at New Delhi. The courts at New Delhi shall have exclusive jurisdiction to entertain anymapplication or issue inter-se between the parties. The arbitration proceedings shall be governed by The Arbitration & Conciliation Act, 1996

How much to Pay?

INR 3,499( For first 10 buyers) For Students enrolled in Universities/ Colleges 

INR 3,999 /- For Students enrolled in Universities/ Colleges 

INR 4,499( For first 10 buyers) Other Category of Learners 

INR 4,999 For Other Category of Learners

To avail Discount and Coupons, Please checkout www.lexpeeps.in 

Note: You are required to deposit the whole amount i.e. INR 3,999 or INR 4,499 as applicable. The discounted amount shall be refunded via Cash back

Course Duration

3 Month (Weekends-Saturday and Sunday)

Last Date of Registration

13th Oct, 2021

Mode of Learning

Online

Payment Detail

UPI Handle: 8340132731@kotak

GOOGLE PAY: @8340132731

Note: Preserve the online transaction slip for future purposes

Registration Form

https://docs.google.com/forms/d/e/1FAIpQLScLhj4npniMnDnxUeVb0xwzb2twQoKXwnk8om–amVv4X3m8A/viewform

Contact Details

Madhur Rathaur (Founder & Director): 8340132731

Nidhi Chhillar (Director): 9467036876 (Whatsapp) 9729793238 (Calling No.)

Aishwarya Rathaur (Co-Founder): 7091826512

Get in touch through Other Platforms

https://www.instagram.com/lexpeeps.in/ 

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https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd/

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