Personality Rights, Publicity Rights and Trademark Rights

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