Skip to main content

Unlegislated it may be, but the right to publicity is not an unrecognised right in India; Vaishali Mittal explains the jurisprudential regime, as it has been evolved by the country’s courts.

Undeterred by the absence of specific legislation, Indian courts have read right to publicity, equating it to an inherent right to privacy, into Articles 19 and 21 of the Indian Constitution. And having evolved from the right to privacy under Article 21, publicity rights are available to foreign citizens as well.

Right to publicty disputes are governed by the standard civil and commercial procedures envisaged under the Code of Civil Procedure 1908 and the Commercial Courts, Commercial Division and Commercial Appellate Division of High Court Act 2015. A finding of infringement of publicity rights does not require an element of intent be proven against the infringer; however, intent is relevant in the computation of damages awarded to the injured party.

This chapter was published in Getting the Deal Through 2017.

To continue reading, contact us at email@anandandanand.com

Most Recent

News & Insights

VIEW ALL
News & Updates
Nov 26, 2025

Authored by Pravin Anand There are areas of intellectual property law where one can sense, quite literally, the convergence of disciplines that do not

When Art Meets Science in Trademark Law: Reflections on India’s First Smell Mark
Thought Leadership
Nov 25, 2025

First published on Lexology. Authored by Vaishali R Mittal In a landmark moment for Indian intellectual property law, the Trademarks Registry has accepted

Scenting the Future: How India’s First Smell Mark Application Aligns with Global Jurisprudence
Thought Leadership
Nov 21, 2025

We are proud to share that the Trade Marks Registry of India has, for the first time, accepted an olfactory (smell) mark for advertisement — “Floral

A Landmark First for Indian Trademark Law
News & Updates
Nov 15, 2025

APPA president Hari Subramaniam congratulates Pravin Anand for receivng the APPA Enduring Impact Award in Kuala Lumpur. ‘First published on India Business

IP expert Pravin Anand honoured with prestigious APAA award