Journal Article

Protecting personality rights in the Commonwealth Caribbean

Eddy D. Ventose and Natalie G.S. Corthésy

in Journal of Intellectual Property Law & Practice

Volume 4, issue 12, pages 904-912
Published in print December 2009 | ISSN: 1747-1532
Published online November 2009 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpp171
Protecting personality rights in the Commonwealth Caribbean

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Legal context

The question of the appropriate type of protection for personality rights has been the subject of discussion by a Commonwealth Caribbean court. This is poignant since the images of well-known Caribbean personalities, in particular, Usain Bolt, are being used throughout the world without payment of any royalties.

Key points

The question for the Supreme Court of Jamaica in Dino Michelle was whether the law of passing off was adequate to protect personality rights or whether it should recognize the tort of appropriation of personality in Jamaica. The court accepted that personality rights can be protected under both headings, bringing Jamaican law in line with that of other Commonwealth countries.

Practical significance

There is no longer a need to distort the law of passing off to provide protection for infringements of the image or personality rights of sports personalities in the Commonwealth Caribbean. A simple cause of action for misappropriation of personality would now suffice in accordance with the reasoning in Dino Michelle.

Journal Article.  7138 words. 

Subjects: Arbitration ; Intellectual Property Law

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