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Legal issues involving the internet

Legal issues involving the internet

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Law and technology Presentation Transcript

  • 1. Legal Issues Involving Internet Presentation By -: Gurpreet Singh Amarjit & Associates Saturday, 7 th June, 2008 Social Media & Blog Camp www.gurpreetsingh.in
  • 2. What are the Issues?
    • Intellectual Property
    • Defamation
    • Jurisdiction
    • Contracts
  • 3. Intellectual Property
    • “ Creativity of Mind ”
    • Forms of Intellectual Property
    • Trademarks
    • Copyrights
    • Patents
    • Industrial Design
    • Geographical Indications
    • Trade Secrets
  • 4. What is Trade Mark?
    • A Name
    • Symbol
    • Sign
    • Colors or combination of colors
  • 5. 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
  • 6. What is Copyright?
    • “ Bundle of Rights”
    • Copyright Subsists in -:
    • Original Literary, Dramatic and Artistic Works
    • Cinematograph Films and
    • Sound Recordings
  • 7. Copyright Contd.
    • Copyright gives exclusive right to
      • Reproduce
      • Issue Copies
      • Performance
      • Make Cinematographic Film
      • Make Adaptation
      • Make Translation
  • 8. 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
  • 9. Copyright Contd.
      • In case of Address or Speech delivered
        • The person who delivers the speech
      • In case of Government Works
        • Copyright vests with Government
  • 10. 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
  • 11. 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
  • 12. Copyright Contd.
    • Fair Use
      • In respect of Literary, dramatic, musical or artistic work (not being computer program)
        • Personal Use
        • Research
        • Criticism or review
  • 13. 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.
  • 14. 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
  • 15. 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.
  • 16. Jurisdiction Contd.
  • 17. 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)
  • 18. 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
  • 19. 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