Browsing by Author "Deka, Subasana"

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    Trademark Limits in Parody: Balancing Personality Rights and Satire
    (National Law University and Judicial Academy, Assam, 2025-06) Deka, Subasana
    This dissertation explores the legal complexities surrounding trademark protection, personality rights, and the right to parody, particularly in the context of Indian law. As parody and satire have emerged as significant instruments for cultural and political critique, their application has increasingly clashed with intellectual property regulations. The primary objective of this study is to evaluate whether Indian legislation, specifically the Trade Marks Act of 1999, adequately reconciles these conflicting rights, or if it inadequately protects the freedom of expression enshrined in Article 19(1)(a) of the Constitution. Employing doctrinal and comparative research methodologies, this investigation assesses how Indian judiciary has addressed disputes related to parody, juxtaposing these with international frameworks such as the Rogers test in the United States and the parody exceptions acknowledged within the European Union. Additionally, the research examines the rising significance of personality rights in India and their role in regulating critical or unauthorized portrayals of public figures.