Case Comments. Рубрика в журнале - Trends in Intellectual Property Research
Статья научная
The judgment in Devi Prasad Shetty and Anr. v. Medicine Me & Ors. is a major step forward for the privacy and publicity rights of celebrities in Indian law. Protection under the IP law has been extended, to famous entertainers, and well-known professionals. In this case, Dr. Devi Shetty successfully claimed his right to control the sale of goods and services that bear or relate to his name. The ruling made it clear that fame, no matter where it comes from or what its nature is, makes a person's name and image their private property and economic capital that should be protected by privacy and IP laws. The Hon’ble Court, in deciding this dispute, rightfully invoked the torts of passing off, trademark dilution, and defamation to show just how broad and variegated the offense of misusing a celebrity's personal attributes is. The present case commentary analyses the decision in the light of a few affirmative pronouncements of domestic and foreign judiciaries. It also alludes to the intersection of the Trade Marks Act, Competition Act, Copyright Act, and Constitution, while highlighting the judiciary’s role in filling legislative gaps. In increasing abuse of identity, this case reiterates that any renowned personality is not just a reflection of fame, but a proprietary asset. Devi Shetty’s case sets, a precedent in treating reputation as property, deserving the same legal sanctity as most creative possessions.
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Статья научная
Nestlé Pakistan Limited v. Shehryar Kureshi (2024 CLD 502) is a notable case on copyright in Pakistan. The case is based on the claims of copyright violation, i.e. unfavorable replication and transmission of 1994 song titled Pyar Diyan Gallan. Those who had filed the suit were the plaintiffs; Shehryar Kureshi and three other people who wanted a sum of damages amounting to 14 million rupees. On 08.02.2021, the civil court of first instance on Nestle challenge dismissed the action on the ground of alleged lack of jurisdiction under Order VII, Rule 10 of the Code of Civil Procedure (C.P.C.). The plaintiffs appealed this decision to the Additional District Judge Lahore which decided on 24.06.2022 that the case would go to the Civil Court as a passing off case. Nestle presented a petition to the High Court of Lahore civil revision petitioning the Appealte Court decision claiming that IP tribunal was exclusive in its jurisdiction. The jurisdiction of the Intellectual Property Tribunal (IP Tribunal) was determined by the Lahore High Court, which affirmed that registration of copyright is not an imperative act in order to exercise claims. The initial complaint was directed to be handed back to the plaintiffs to enable it be submitted to IP Tribunal. This paper will be discussing the case background, legal considerations, the party’s arguments, the proceedings and the future of copyright law in Pakistan.
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Patent Infringement, and Novelty in Khawaja Tahir Jamal v. A.R. Rehman Glass (2005 C.L.D. 1768)
Статья научная
This research explores the legal and procedural aspects of patent protection in Pakistan in the context of landmark case Khawaja Tahir Jamal v. A.R. Rehman Glass (2005 CLD 1768). The case primarily involves the Patents and Designs Act (II of 1911) and the Patents Ordinance (LXI of 2000), along with the Civil Procedure Code (V of 1908). The study highlights the judicial interpretation of the Patents and Designs Act, 1911, and the Patents Ordinance, 2000, emphasizing the territorial nature of patent rights and the strict grounds for opposition under Pakistan intellectual property (IP) laws. Court rulings, legal arguments, and evidentiary standards, indicate the Lahore High Court's validation of Khawaja Tahir Jamal's float glass technology patent established a precedent for novelty assessment, infringement remedies, and judicial balancing of patent rights against operational realities. The modified injunction by divisional bench allowed AR Rehman Glass continuing production but prohibiting marketing during litigation creating a unique compromise influencing Pakistani IP jurisprudence. The interpre-tation of "novelty” as domestic novelty under the Patents and Designs Act 1911 was due to being non-party to certain international patent treaties including TRIPS Agreement at the time of patent filing and grant.
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Статья научная
On 30th August 2024, the Delhi High Court (DHC) delivered two landmark decisions that have drawn attention to the treatment of software-based inventions in Indian patent law. The center of these ruling was the appeals filed by the Blackberry Limited against the rejection of their two patent applications. The first application, titled “Administration of Wireless System”, was rejected on the ground that the claims pertained to a set of instructions and software without inventive hardware feature. While, the second application, titled “Auto-Selection of Media Files”, was rejected for being related to algorithms and computer program per se. This paper aims to examine the court’s reasoning in both cases to assess the consistency of the decisions. By examining these decisions, the paper look into the Indian jurisprudence in dealing with the patent claims for software and algorithms, thereby throw light on the evolving patentability standards in India for AI and software-driven innovations.
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The Role of Personality Rights in Indian Law: Lessons from Jackie Shroff's Legal Battle
Статья научная
Current research examines the landmark judgment of Jaikishan Kakubhai Saraf alias Jackie Shroff v. The Peppy Store & Ors. indicating the importance of developing personality rights jurisprudence in India, especially in digital content. Personality rights include both publicity rights and privacy rights. Right to control the commercial use of one's identity, i.e. publicity rights, is important for protecting personalities from unauthorized exploitation of their persona (name, image, voice, etc.). The case highlights the unauthorized use of Shroff's image for commercial gain without his consent, raising significant questions about the scope and enforcement of personality rights in India. The Court's decision to protect actor Jackie Shroff's identity from unauthorized commercial exploitation marks a pivotal moment in legal precedents safeguarding the identity of personality, especially for celebrities. This case underscores the evolving landscape of legal protections in the digital age, emphasizing the importance of rec-ognizing and upholding personality rights amidst increasing unauthorized commercial use. As a result, it stands as a landmark decision, guiding the future of personality rights and reinforcing the legal safeguards necessary to personality identity in an increasingly digital world. By dissecting this case, the paper aims to explore the im-plications for the ongoing development of personality rights in India and the growing importance of safeguarding individual identity in the digital era. Also, the paper critically assesses the current legal framework, including statutory provisions and judicial precedents. It has been compared with international standards to detect loopholes and propose improvements, in the evolving regime of personality rights in the digital era.
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