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Answers - Personality Rights Principle
Personality rights are also known as Publicity Rights or Right of Publicity. It is commonly defined as the right of every individual to control the commercial use of his or her name, image, likeness or some other identifying a
According to USFDA, a combination product is one composed of any combination of a drug and device; biological product and device; drug and biological product
spect of identity. In common law jurisdictions publicity rights fall into the realm of the tort of passing off.
The terminology “Right of publicity” was coined by a Judge named Jerome Frank in a case of Haelar Laboratories In
The terminology “Right of publicity” was coined by a Judge named Jerome Frank in a case of Haelar Laboratories In
; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.
Examples of combination products may in
Examples of combination products may in
c. v Topps Chewing Gum Inc. in the year 1953. Personality rights are said to be a combination of mainly two types of rights; “the right to publicity” and “the right to privacy”. The former is as regards a right of an individu
lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.
l to keep his/her image and likeness from being commercially exploited without permission and the latter is as regards an individual’s right to be left alone and not represent ones personality publicly without permission. The
here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe
concept has been adopted by many countries in the world with the United States of America being a major one.
The extent of recognition of this right in the United States of America is largely driven by Statute or case law. As
The extent of recognition of this right in the United States of America is largely driven by Statute or case law. As
d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.
Combination pro
Combination pro
the Right is State based there exists various degrees of recognition. Thus recognition varies from State to State. Twenty Eight States in the Unites States of America have recognized this concept. The State of Indiana is perha
ucts have become life saving products for the pharmaceutical companies who doesn’t have many innovative molecules in their product pipeline and have been inc
ps the most progressive as regards this concept as it provides recognition of the Right for hundred years after death of an individual and provides protection not only for name, image and likeness but also for signature, photo
easingly used in the product life cycle management. Even the companies having product patents are trying to extend their product life cycle through the combi
raph, gestures, distinctive appearances and mannerisms.
Other countries worldwide too have recognized this concept. Many numerous cases are prevalent in these countries. Some of them are as follows. In New South Wales the Hig
Other countries worldwide too have recognized this concept. Many numerous cases are prevalent in these countries. Some of them are as follows. In New South Wales the Hig
nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically
h Court gave its decision in the case of Henderson v Radio Corp. In Australia the concept was ratified in the case of Koala Dundee .It involved the use of the famous movie character Crocodile Dundee’s name on merchandise wit
and physically. They need to rightly judge the benefits of the combination products and they have to even look at the risks involved when combining the produ
out his permission. In September 2002, actors of worldwide fame, Tom Cruise and Nicole Kidman sued a luxury goods company, “Sephora”, for allegedly using a picture of them without permission in a brochure promoting perfumes. I
ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi
n France a recent case whereby this principle was applied was the publication of a book on Francois Mitterrand called “Le Grand Secret” by his personal doctor.
Thus from the above it is clearly seen that this concept has a wo
Thus from the above it is clearly seen that this concept has a wo
ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.
Following aspects would a
Following aspects would a
rldwide appeal. Another area where this principle is applicable is as regards to sports personalities. Sport is a form of entertainment and therefore has a commercial value attached to it. While the Sports Industry in general
dd to the challenges in developing combination products:
Which markets to tap where the combination products can do fairly well?
Which combination prod
Which markets to tap where the combination products can do fairly well?
Which combination prod
s a revenue generating industry per se, it is the individual personalities of each sport that are often more valuable from a revenue generating perspective. Individuals like David Beckham, Ronaldo, Ronaldinho, and Gialuigi Buf
cts are meaningful and rational?
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin
fon etc. are recognized more for their cult status than their football skills. They earn a lot of money by just lending their name to various merchandise and products. Their name or their image gives a boost to the items they
tions increase the patient compliance?
What would be the developing cost?
How to tackle the risks encountered during combination product developmen
What would be the developing cost?
How to tackle the risks encountered during combination product developmen
ndorse.
In India this concept of Personality Rights has not come to be used as yet. A recent instance where something close to it happened was when the famous Tamil Actor Rajnikanth issued a legal notice jut before the releas
In India this concept of Personality Rights has not come to be used as yet. A recent instance where something close to it happened was when the famous Tamil Actor Rajnikanth issued a legal notice jut before the releas
t?
As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel
As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel
e of his latest film “Baba” prohibiting anyone from imitating his screen persona or using the character of “Baba” for commercial gain, including by way of advertisements and imitation by mimics or television. The legal notice
ping new procedures for reviewing their safety, efficacy and quality.
Professional from academic institutions, pharmaceutical industries, health care indust
Professional from academic institutions, pharmaceutical industries, health care indust
as published in a number of leading Tamil and English dailies the legal notice also declared that no attempt be made to use Rajnikath’s photos or sketches or attire in the film such as the red scarves, pendants etc for the pur
y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products
pose of endorsing products. From this a conclusion can be drawn that the actor was attempting to protect his personality rights.
In our country where Bollywod actors and cricketers have attained near cult status, the use of t
In our country where Bollywod actors and cricketers have attained near cult status, the use of t
.
As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de
As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de
eir images, voice etc without their permission is bound to happen. Furthermore in a cutthroat business environment, every one is trying to get an edge to get a slice of the market. In such a situation the introduction of the P
elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.
Companies that provide selfless information through particip
Companies that provide selfless information through particip
ersonality Rights principle is one which is most urgently required. It is high time that the authorities in India realized the same and introduced this concept at the earliest.
Verghese Mathews Symbiosis Society's Law Colleg
Verghese Mathews Symbiosis Society's Law Colleg
tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products
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