Cyber law & Intellectual property issues

A brief insight on Cyber law & Intellectual property issues

1. “Cyber law & IP Security Issues” The Indian perspective Presented by: Atul S. Jaybhaye B.A.LL.M.NET

2. What is Cyber Law? A law which relates to computer and cyberspace related issues. Concept of cyber crime, Computer as a tool or target. It can be categorised into cyber crimes against persons, property & government Cyber crime differs from the conventional crime.

3. Need for Cyber Law No doubt upon utility of computers and Internet but it has some disadvantages too. Internet is easily accessible, there is no any territorial jurisdiction. Hacking, cheating, cyber stalking, sending or publishing obscene material has become rampant. To prevent misuse of Internet and to curb cyber crimes, there is a need of cyber law.

4. History of IT Act, 2000 The United Nations Commission on International Trade Law (UNCITRAL) adopted model law on E-commerce in 1996. India was a signatory party to this commission. This commission gave recommendations in respect of value of computer records, electronic signature and records. Such recommendations were adopted by General Assembly of UN and passed a resolution to enact in every nation model law on e-commerce.

5. Scope & Object of IT Act,2000 Object of IT Act: To respond and to give effect to the United Nations recommendations. To provide ‘legal recognition’ for transactions carried out by means of Electronic data. To facilitate electronic filing of documents with the govt. Agencies. To promote Electronic governance.

6. Overview of IT Act, 2000 Enactment date 9 th June, 2000. It contains 90 sections divided in 13 chapters . It extends to the whole of India including the state of Jammu & Kashmir . However, this Act does not apply to the following documents or transactions A Negotiable instrument (other than a cheque), A Will, Power of Attorney, trust deed, Sale deed etc.

7. Important chapters of the Act

8. Meaning of Intellectual property Every person has a right to protect his own property. ‘Intellectual property’ refers to the creations of the human mind. Our law gives legal protection to IP at national and international level. TRIPS Agreement, WIPO are the international treaties for the protection of IP.

9. Types of Intellectual property

10. Copyright issues in cyberspace Copyright as a ‘bundle of rights’. Subject matter of Copyright work- any literary, dramatic, musical, artistic, cinematographic films, sound recording and computer programmes Computer software & Copyright Law – challenges and issues? Types of software & its infringement

11. Forms of Copyright infringement through cyberspace

12. Trademark Vs. Domain names Sec.2(1 ) (zb ) "trade mark" means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours .

13. What is a domain name? A name assigned to a particular website.

14. Levels of Domain names Generic top level domain names (gTLD) Example: .com .org .edu .gov .net Second level domain names (SLDs) Example: www.snapdeal.com Country code top level domain names (ccTLDs) Example: .in .ca .us

15. Trademark & Domain name issues in cyberspace Registration of Trademark under TM Act, 1999 Registration of domain names through .IN Registry How the dispute arises between TM & domain names? Ex. ‘Parker’ as TM and creating a website in bad faith like www.parker.com

16. Forms of infringement of Trademark through Cyberspace Cybersquatting Reverse domain name hijacking/Reverse Cybersquatting Ex . ‘Parker’ as TM and creating a website in bad faith like www.parker.com

17. Landmark cases Yahoo! Inc Vs. Akash Arora & others, 1999 (Delhi HC) Tata Sons Ltd. Vs. Arno Palmen & others, 2005 (Delhi HC ) Satyam Infoway Ltd. Vs. Sifynet Solutions Pvt. Ltd., 2004 (SC)

18. Role of U.D.R.P. Domain Name D ispute Resolution Policy. It was launched on 1 st Dec. 1999 a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) for the resolution of disputes regarding the registration of internet domain names. What are the functions of U.D.R.P.?

19. Conclusion & suggestions The IT Act is Silent upon jurisdiction issues, cyber stalking, cyber defamation, IP Security issues etc . Cyber security policy 2013 also failed to address upon some important issues. Special legislation shall be enacted for the prevention of cybersquatting as U.S. enacted. i.e. U.S. Anti Cybersquatting Consumer Protection Act,1999 Electronic certificate should not be mandatory under section 65 B of Indian Evidence Act, 1872. Need for effective investigation and proper presentation of E-evidence in court.

20. Thank you…