Tags Personality rights

Tag: personality rights

November 8, 2023
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He Said, He Said: Personality Rights and the Protection...

An order passed by the Delhi High Court in Anil Kapoor vs Simply Life and Others CS (COMM) 652/2023 granted interim relief to Mr. Anil Kapoor for protection of his name, likeness, voice, persona, manner of speaking, dialogue delivery, and other attributes of his personality against unauthorized commercial use. ......
May 10, 2023
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GOING TO BAT FOR PERSONALITY RIGHTS

With the development of blockchain technology, artificial intelligence and virtual digital assets, several concerns have been raised regarding the plethora of legal and ethical challenges that are likely to arise from development of these technologies, and how they will interact with the rights of individuals granted under law. ......
March 1, 2023
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Are You Who You Say You Are? The Interplay of Generativ...

As former Google CEO Eric Schmidt famously said, "from the dawn of civilization to 2003, five exabytes of data were created. The same amount was created in the last two days." While Schmidt was referring to an event in 2010, with advancements in technology becoming more rapid than ever before, we are arguably living through some of the most exciting times known to humankind, with new kinds of technology shaping up to change every aspect of our lives. ......
October 20, 2021
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Fantasy Sports: Fantasy or Reality? Impact of Gambling...

Online fantasy sports gaming is booming in India and has in a short span become a prominent form of online gaming in the country, despite legal and regulatory challenges. Fantasy sports is predominantly a prediction game where players assemble a dream team of real sportspersons active in a variety of sports such as football, cricket, basketball, kabaddi etc. and thereafter participate in contests, competitions that mimic and convert the performance of the sportsman in real life into fantasy points. ......
August 17, 2021
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A Moment to Remember: Personality rights, Moment market...

India’s ace badminton player PV Sindhu created history by winning a bronze medal in the Tokyo 2020 Olympics held recently, joining the ranks of a select few who have one more than individual medal in the history of the games. ......

Consent Managers and Account Aggregators: Strengthening India’s Data Governance Fram...

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...

EMERGING TRENDS IN DATA PRIVACY IN INDIA: ANTICIPATIONS FOR 2025 AND BEYOND

In August 2023, India witnessed a pivotal shift in its data privacy regulatory landscape with the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"). The DPDP Act provides a comprehensive set of guidelines that must be adhered to when managing digital personal data, ensuring the protection of individuals' privacy rights while balancing legitimate business needs and government requirements. ...

Are plant treatments to be treated as agriculture?: Indian courts clarify

The question of whether an invention for a method of treatment of plants is also a method of agriculture or horticulture, and therefore, excluded from patentability, has been laid to rest by multiple decisions of Indian high courts. This note discusses three recent cases from the Delhi and Calcutta High Courts, which discuss the applicability of Sections 3(h) and 3(i), and will significantly impact patent applications in this space. ...

Consent Requirements under the Draft DPDP Rules – A Comparison with the Provisions of the ...

The Ministry of Electronics and Information Technology (Meity) released the Draft Digital Personal Data Protection Rules, 2025 ("Draft Rules") on January 3, 2025. The Draft Rules, introduced to supplement the implementation of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), mark a significant step forward in regulating and safeguarding the use of personal data. ...

Essentially Biological Processes for Production of Plants

Indian law excludes from patentability ‘essentially biological processes’ under Section 3(j) of the Patents Act, but does not explain what degree of human intervention can shift an invention away from being deemed ‘essentially biological’. A recent decision of the Madras High Court attempts an interpretation of this provision, highlighting also the importance of well reasoned orders from the patent office. ...

In Perfect Time: When to file divisional applications

Divisional applications must be filed before the parent patent application is granted or rejected, but getting the timing right can be tricky, especially when it is not known as to when the grant or rejection will actually take place. A recent case from the Madras High Court offers insights as to when divisional applications must be filed in different scenarios. ...

LEGAL PERSPECTIVES ON AI GOVERNANCE IN INDIA: A SUMMARY OF THE AI GOVERNANCE GUIDELINES R...

Artificial Intelligence ("AI") holds transformative potential for India’s economy and society. However, this power also brings legal, ethical, and regulatory challenges that necessitate a comprehensive governance framework. The "Report on AI Governance Guidelines Development" ("Report") outlines India’s roadmap for addressing these challenges through a legally sound and inclusive approach. ...

Trademark Tussle: Wipro & Himalaya Fight Over EVECARE

The Delhi High Court restrained Wipro from using the mark ‘EVECARE’ for women’s hygiene products after Himalaya filed a passing off action. The case discusses questions around the elements of passing off involving allied/cognate goods, and the relevance of the NICE system of classification of trademarks in such actions. ...

Examining the Draft Digital Personal Data Protection Rules, 2025

On January 3, 2025, the Ministry of Electronics and Information Technology ("MeitY") notified the draft Digital Personal Data Protection Rules, 2025 (the "Draft Rules") under the Digital Personal Data Protection Act, 2023 (the "Act"). The Draft Rules aim to operationalize the Act by laying down the rules and standards necessary for the implementation of the same. ...

Examining the Draft Bill on Unregulated Lending Activities in India

On December 13, 2024, the Ministry of Finance introduced the Banning of Unregulated Lending Activities (Draft) Bill ("Bill"). This Bill was based on a report submitted by the Reserve Bank of India's ("RBI") working group on digital lending. The Bill envisages the banning of all lending entities that are: (a) not authorized by the RBI or other regulators; and (b) not registered under any other law to undertake a public lending business activity. . . .