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Personality Rights, Publicity Rights and Trademark Rights

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Personality Rights, Publicity Rights and Trademark Rights

Why in news : Recently, the Delhi High Court passed  an interim order to prevent the unlawful use of Bollywood Star Amitabh Bachchan’s name, image and voice.

What are Personality rights ?

  • Personality rights refer to the right of a person to protect his/her personality.
  • It is a right which comes under Right to privacy or Right to property.

  • They are necessary for celebrities to protect their personality attributes like name, nickname, voice and picture etc from misuse by various advertising companies or others.

Personality rights Vs Publicity rights

  • Personality right is different from publicity right.
  • Publicity right is a part of personality right.
  • Personality right comprises of two types of rights. They are the right of publicity and the right to privacy.
  • Publicity rights are governed by statues like the Trade marks Act, 1999 and the Copyright Act 1957.

Personality rights applicable in the case of internet?

  • In Arun Jaitley vs Network Solutions Private Limited and ORS., case the Delhi High court stated that the “ popularity or fame of an individual will be no different on the internet than in reality.”

Consumer rights available in case of false advertisements :

  • Ministry of Consumer Affairs has made a notification in 2022 to control the misleading adverstisements.
  • It can also impose a penalty for such acts by the endorsers.

Syllabus : prelims + mains; GS 2- Polity and Governance

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