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ARTICLE · 27 FEBRUARY 2018

Personality Rights In Indian Scenario

Khurana & Khurana, Advocates and IP Attorneys
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Personality rights means a right of person related to his or her personality. They can be protected under right to privacy or as a property of a person.

IndiaIntellectual Property
M. Sai Krupa
M. Sai Krupa
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Personality Rights

Personality rights means a right of person related to his or her personality. They can be protected under right to privacy or as a property of a person. This is important to mostly celebrities because people use a celebrity name or a photograph to advertise their trade and this usage influences their sales. Anyone can misuse a celebrity's name or a photograph very easily for their trade, therefore it is important for a celebrity to register a trademark of their name to save their personality rights.

Position of Personality Rights In Indian Law

In India, the closest statute to protect personality rights is Article 21 of the Constitution of India under right to privacy and right to publicity. There is no statute or law that protects personality rights in India per se. Nevertheless, these days India also started recognising these rights through many significant judgements. One of the most important judgements related to personality rights was

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