The Ghost In The Machine: Navigating The “Spiritual Sequel” In India’s IP Landscape
- IJLLR Journal
- 16 hours ago
- 1 min read
Ravinandini Singh Chauhan, The West Bengal National University of Juridical Sciences (NUJS)
ABSTRACT
The case of Eros International v. Aanand L. Rai over Tere Ishk Mein highlights the shortcomings of Indian intellectual property law in protecting the commercial identity of films based on aesthetic similarities, wherein filmmakers create spiritual sequels to an older film without reproducing its characters or storyline. This is because of the inadequacies of the current framework, which focuses on the doctrine of idea-expression separation and the traditional concept of passing off for addressing cases involving the commercial use of another’s intellectual work. This paper reviews these shortcomings in copyright and passing off laws concerning the entertainment industry, identifies the resultant lacuna, and proposes a three-pronged test (Aesthetic Goodwill Test) as a judicial tool to distinguish creative homage from commercial appropriation.
Keywords: spiritual sequel, aesthetic goodwill, idea-expression dichotomy, passing off, trade dress, Eros International v. Aanand L. Rai, Indian copyright law, Trade Marks Act, 1999.
