The Right to Personality and its Interplay with Intellectual Property Laws: An International Analysis of Character Merchandising

  • Sumedha Sainath
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  • Sumedha Sainath

    Student at Christ University, School of Law, India

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Character Merchandising has become the most prominent instrument in the marketing and advertising sectors' armament. Although courts in other countries have acknowledged the ability to safeguard a character's economic worth, the English court system is nevertheless ready to live in an environment in which the character's notoriety would deprive the character of the right to prohibit the illegal use of its hard-earned name. This research examines the growth of the legal framework that regulates personality and character merchandise protections. The study also examines the protection that exists in India to combat unlawful character merchandising and what additional safeguards may be implemented in light of the current condition of character merchandising regulations. This paper further examines whether character merchandising legislation must be improved and expanded so that an individual has a broader right to prohibit third parties from using parts of his personality in relation to the advertising or marketing of products or services. The analysis of the legal repercussions of expanding the scope and effects of some types of intellectual property rights to give recourse in situations of unauthorized utilization of an individual's personality for the marketing or sale of products or services will be a primary subject of this article.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 5, Page 978 - 1003


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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