http://nopr.niscpr.res.in/handle/123456789/56327 2026-10-18T18:33:14Z http://nopr.niscpr.res.in/handle/123456789/56336 Title: Celebrity Endorsements – The Interplay between Intellectual Property Law and The Consumer Protection Act, 2019 Authors: Arora, Diksha Abstract: The ambit of Copyright law has expanded over time, leading to development of newer concepts such as, ‘Personality Rights’. These rights are vested in individuals who have acquired an ‘identifiable persona’ in the eyes of the public. There are two important facets to personality rights- Right to Publicity &Right to Privacy. When such identifiable identities use their acquired celebrity status to promote goods and services of a company to attract more consumers, it can be understood as ‘Celebrity Endorsements’. This is the most common source of marketing used by major companies to increase sales and garner goodwill and reputation. However, this source of communicating necessary information to the public becomes dangerous when celebrities promote false or misleading advertisements. To counter such issues, the Consumer Protection Act, 2019 introduced provisions tohold celebrities endorsing such products or services to be liable for injury suffered by consumers. The Law mandates that in order to ensure that such misleading advertisements aren’t promoted, the celebrities must conduct ‘due diligence’ of the products before endorsing them. However, the question remains that to what extent can celebrities, who are not directly involved in production or manufacturing, be held liable for exploiting their personality rights? This paper aims at addressing the newly created legal interlink between personality rights via celebrity endorsements and protection of consumer interests. Page(s): 173-179 2020-11-01T00:00:00Z http://nopr.niscpr.res.in/handle/123456789/56335 Title: Software Interoperability and Competition Law Authors: Vishnu, S Abstract: Interoperability is of prominent role in the software industry, since the value of a software product largely depends on the extent to which it can be used together with systems that consumers already have. Interoperability in the computer industry is a big deal and the lack of interoperability even more so. Recently interoperability has materialized as a crucial policy and legal consideration in cases concerning competition laws in the software sector. In this article, author analyses the role of competition law in enforcing software interoperability from the intellectual property perspective focusing on the abuse of dominant position. Page(s): 180-185 2020-11-01T00:00:00Z http://nopr.niscpr.res.in/handle/123456789/56334 Title: A Robot in IP-The Issues and Need for Legislation Authors: Madhumitha, Dharmapuri Selvakumar Abstract: Advent of economy and information technology has transformed the world from manual to one touch dependence on computer-based technology and Artificial Intelligence (AI). A robot can create something without any instructions at its own free will; the question that arises here is, whether such asset created by a robot would qualify for the grant of IP protection? If it is granted, who would be qualified to own the IP protection? The questions remain unsettled. The paper elucidates the basic idea of AI, its current scenario in relation to the concept of legal entity as a juristic person in different jurisdictions followed by illustrations and circumstances of the difficulties and challenges faced by the creators of AI in the field of patent using the concept of inventorship, inventive step, non-obviousness and theoretical analysis by subject matter patentability. And finally, the legal status and a policy suggestion as a conclusion on how it would help in improving the patent laws through TRIPS. The rapid increase in creation of intangible asset is astonishing and it becomes an absolute necessity to focus on the subject of AI and define it by law as the technology advances. Page(s): 186-195 2020-11-01T00:00:00Z http://nopr.niscpr.res.in/handle/123456789/56333 Title: What Cannot be Patented in the Jurisdiction of India? Authors: Kokane, Sonali Abstract: The exceptions to patentable inventions are reviewed and analyzed. These are Sections 3, 4 and 5 of The Patents Act, 1970. They are accompanied with examples that demonstrate that it is not sufficient for the inventions to satisfy just the three criteria of patentability. The working of an invention should also promote and address public order, social harmony, rights of farmers and public health concerns. Patentable inventions that concern us most are related to agriculture and human health. The Patent Laws while supporting inventors must also provide for equitable distribution of the benefits of the invention across all sections of the society. In the broader scheme of things, the laws governing what inventions can be patented and what cannot be patented should be in harmony with the provisions of the TRIPS Agreement administered by WTO. Page(s): 196-203 2020-11-01T00:00:00Z