Trademark Limits in Parody: Balancing Personality Rights and Satire
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Date
2025-06
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National Law University and Judicial Academy, Assam
Abstract
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.
Description
Dissertation submitted to National Law University and Judicial Academy, Assam
In partial fulfillment of the award of the degree of
MASTERS OF LAWS/ONE YEAR L.L.M DEGREE PROGRAMME
Submitted by
Subasana Deka
SF0224032
L.L.M (3rd Semester)
Supervised by
Dr. Debasis Poddar
Professor of Law