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, Thought Leadership
May 06, 2026

First published by Lexology. Authors: Safir Anand and Rashi Chandhoke In recent years, the intellectual property (IP) ecosystem has undergone a significant

India Waives IP Filing Fees for Sports Sector
News & Updates, Thought Leadership
Apr 30, 2026

‘First published on India Business Law Journal’ By: Pravin Anand and Prachi Agarwal The concept of a family of marks in the context of the Trademark

‘Family of marks’ doctrine in India
News & Updates, Thought Leadership
Mar 18, 2026

First published by Lexology. Authors: Safir Anand and Sehr Anand Intellectual property Design protection Which IP rights are applicable to fashion designs?

Snapshot: intellectual property for fashion goods in India
News & Updates, Thought Leadership
Mar 16, 2026

‘First published on Asia IP’ By: Ritika Ahuja Patents in India are governed by the Patents Act, 1970. A patent is a statutory right granted to the

When does public display become prior art: Anticipation under the Patents Act, 1970