File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Intellectual Property Rights Over Fictional Characters

This article will focus on what is property rights, types, intellectual property rights and its types and what is its rights over the fictional characters.

What is Property Right?

Property rights are legal rights to an item or creature owned by a company. Owners (entities) are individuals, businesses, charities, governments, trusts, and so on. Property rights is the most basic rights in a society.

Property Rights

  • Right to use good (property)
  • The right to earn income
  • The right to transfer
  • The right to exercise property rights
In most developed countries, property rights are granted through acts, copyrights, and patents to protect rare material resources like buildings and automobiles, and non-living such as pets. Below is a list of several types of ownership:
  • Personal ownership: Excluded. The owner can prevent it from others. The owner controls its use. Private property can belong to a group of real owners.
    • Private property includes all tangible and intangible property owned by a natural person or legal entity and of which the owner has absolute property rights.
    • The house you live in is your personal property. However, if you own a villa but do not live in it, it is not your private property as it is your personal property. However, its use is controlled by the community.
    • State-owned enterprises are examples of public property.
  • Open Access Ownership: No one owns the assets. No one will exclude others from the use of it. No one controls this kind of assets, and no person has its access.
  • Common assets: Also known as collective assets, assets owned through a collection of people. Co-proprietors have their access.

Intellectual Property Rights

Intellectual property rights are the rights people need to create intellectual creations, such as inventions, literary arts, works of art. They usually give the author the exclusive right to use his work for a period of time. These rights are outlined in Article 27 of the Universal Declaration of Human Rights and grant the right to protect the moral and material interests of the authors of scientific, literary or artistic works. The importance of intellectual property was first recognized in the Treaty of Paris on the protection of industrial property and the Treaty of Bern on the protection of literary and works of art. Both treaties are governed by the World Intellectual Property Organization.

The intellectual property rights includes all the rights associated with intangible assets owned by individuals or groups. Intangible assets are non-physical assets that include ownership of intellectual property.
  • Invention
  • The Work Of The Author
  • Service Mark
  • Logo
  • Trademark
  • Right Of Design
  • Trade Name
  • Trade Secret
  • Computer Software

Types Of Intellectual Property

There are four main types of intellectual property rights: patents, trademarks, trade and copyright.
  1. Patent: The United States Patent and Trademark Office offers assets rights to authentic inventions, from methods to machines. Patent regulation prevents an invention from being utilized by others. Technology organizations frequently use patents, to defend their funding in growing new and revolutionary products. The three sorts of patents consist of:
    • Design Patent
    • Plant Patents
    • Utility Model
  2. Trademark: Trademarks tend to protect logos, sounds, words, or symbols used by a company to differentiate its product and service.
  3. Copyright: Copyright protects the rights of the original creator. Unlike patents, copyright must be specific. For example, you can't copyright an idea but, you can write down and copyright the original speech or song.
  4. Trade: Trade secrets are the intellectual property of a company that is not disclosed, has economic value, and contains information. They can be formulas, recipes, or processes used to gain advantage.

Rights Over Fictional Characters

Fictional characters like Harry Potter, Superman and Mickey Mouse, all of which are more than celebrities. They are very popular and need to be protected. If these characters are not protected, the creators of such characters will be at a loss. Fictitious figures are at the heart of a multi- billion dollar industry, providing a powerful incentive for owners to fight in every possible way to maintain a monopoly.

Character ownership is not owned by a single individual or group. It changes in relation to the subject. Therefore, it is not possible for a single law to cover all the rights that accompany a fictitious character, and therefore the following set of laws is required.
  1. Copyright: The original work of the author or artist is copyrighted for the life of the author and extends to 60 years after death. However, if the character is a consignment work, the copyright of the character is owned by the party who consigned the creation of the character. In addition, in the case of a movie or television series containing a fictitious character, the copyright of that character belongs to the creator of the series or a movie. A fictional character is subject to copyright protection only if it is definitely recognized by the general public, not just the work in which it is depicted.
  2. The Trademark: IP of these characters is no longer applied not only to works of art, but also to related goods and services, and the popularity of "characters" has generated enormous profits. (Character merchandising). Characters are often protected by trademarks because character goodwill provides source identification and advertising capabilities.
  3. Personal Rights: The image of an actor is made by the character he plays. As a result, the actor's personality rights act, so the producer does not have full rights to the character and cannot fully utilize the character. This creates a contradiction between the copyright of the producer and the personality rights of the actor.

Intellectual Property Rights and Infringement

Character copyright protection from comics and movies can be infringed in ways such as forgery of characters or unauthorized merchandise. If you sell a product for commercial value and a popular fictitious character product for the purpose of profiting from the character's popularity, you may be booked for copyright infringement.

In Sholay movie, The Delhi High Court ruled on the deliberate act of making a remake of the 1975 blockbuster movie Sholay. The exclusive copyright of this movie is owned by Sholay Media & Entertainment Pvt. RGV Production Co., Ltd. is guilty of injuring or abusing characters Jai, Veeru, and Gabbar Singh.

In addition, trademarks with trademark protection are alleged to cause confusion for people if the use of such signs or their attribution elements is not prevented, and if demonstrated, are subject to trademark infringement proceedings. It may be. It causes the mind and leads to the diluting of the brand and commercial value of the brand in question.

Feedback: The article has a lot of potential to be developed. The main intention of the article is to provide qualitative information which is conclusive. Some minor grammatical mistakes are there which can be fixed by using Grammarly. More content is needed in the introduction and conclusion. There should always be a list of references to maintain the credibility of information. The structure needs a little modification. Also, it is important that the article has a strong legal perspective therefore, in the introduction part, please set out the legal issue that you intend to target through this article.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly