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Law and technology
 

Law and technology

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Legal issues involving the internet

Legal issues involving the internet

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    Law and technology Law and technology Presentation Transcript

    • Legal Issues Involving Internet Presentation By -: Gurpreet Singh Amarjit & Associates Saturday, 7 th June, 2008 Social Media & Blog Camp www.gurpreetsingh.in
    • What are the Issues?
      • Intellectual Property
      • Defamation
      • Jurisdiction
      • Contracts
    • Intellectual Property
      • “ Creativity of Mind ”
      • Forms of Intellectual Property
      • Trademarks
      • Copyrights
      • Patents
      • Industrial Design
      • Geographical Indications
      • Trade Secrets
    • What is Trade Mark?
      • A Name
      • Symbol
      • Sign
      • Colors or combination of colors
    • Domain Names as a Trade Mark
      • Domain names are capable of being identified as a source of person providing goods or services. Therefore, capable of being protected as Trade Marks.
      • Infringement Action can be brought before Civil courts or Arbitration forum
    • What is Copyright?
      • “ Bundle of Rights”
      • Copyright Subsists in -:
      • Original Literary, Dramatic and Artistic Works
      • Cinematograph Films and
      • Sound Recordings
    • Copyright Contd.
      • Copyright gives exclusive right to
        • Reproduce
        • Issue Copies
        • Performance
        • Make Cinematographic Film
        • Make Adaptation
        • Make Translation
    • Copyright Contd.
      • Who Owns Copyright ?
      • Author – First Owner of Copyright except
        • In Case of Literary, Dramatic or Artistic Work
          • Employer; work is done in course of employment
        • In Case of Photograph or Painting
          • Person whose photograph or painting is drawn for consideration
          • Photographer or Painter; If taken or drawn during public performance
    • Copyright Contd.
        • In case of Address or Speech delivered
          • The person who delivers the speech
        • In case of Government Works
          • Copyright vests with Government
    • Copyright Contd.
      • Assignment of Copyright
        • Should be in Writing
        • Can be for existing work or future work
        • Assignment can either be in whole work or partial
        • Can be general or subject to limitations
    • Copyright Contd.
      • Term of Copyright
        • In case of Literary, dramatic, musical and artistic works (except photograph)
          • Sixty years after the death of author
        • In case of Photographs
          • Sixty years after the first publication
    • Copyright Contd.
      • Fair Use
        • In respect of Literary, dramatic, musical or artistic work (not being computer program)
          • Personal Use
          • Research
          • Criticism or review
    • Defamation
      • By Spoken Words (Slander)
      • By Written Words (Libel)
      • By Signs or by visible representation
      • Shall be liable u/s 500 I.P.C for which punishment can extend upto 2 years or fine or both. The offence is non-cognizable, bailable and compoundable.
    • Jurisdiction
      • Under IT Act, 2000
        • Act to Apply to the offenses & contraventions committed outside India irrespective of the nationality of the person committing offence.
        • Offenses Defined under IT Act
          • Tampering with Computer Source Code
          • Hacking
          • Publishing of Obscene Information
    • Jurisdiction Contd.
      • Offenses not covered by IT Act (eg. Defamation)
        • Cr.P.C Provisions to apply
          • Offence committed by Citizen of India outside the country; to be tried as per laws of India
          • Offence committed by foreign national in a ship or aircraft registered in India; to be tried as per Indian Laws.
          • Offence committed by Foreign National in foreign Jurisdiction; to be tried in foreign courts as per foreign laws.
    • Jurisdiction Contd.
    • Contracts
      • An essential legal document defining obligations of the parties.
        • May decide Jurisdiction of Law (Indian or Foreign)
        • May decide Choice Law (Indian or Foreign)
        • May decide Forum of Law (Arbitration or Civil Courts)
        • May decide quantum of damages ( Limitation)
    • Contracts Contd.
      • Requirements of a Valid Contract
        • There should be an Offer, Acceptance and Consideration
        • The parties must be capable of entering into a contract
        • Both Parties must agree to the Terms of the Contract
        • The subject matter of the contract must be legal
    • E-Bye
      • Thanks
      • Gurpreet Singh
      • Amarjit & Associates
      • Suite 404 Law Arcade
      • 18 – Pusa Road
      • New Delhi – 110005
      • Ph: 91 11 28755155, 28752796 Fax: +91 11 28754798
      • E-Mail : [email_address] , [email_address]
      • Web: www.amarjitassociates.com
      • Blog: www.lawarcade.com
      • Foundation: www.cipfo.org