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Law and technology
Law and technology
Law and technology
Law and technology
Law and technology
Law and technology
Law and technology
Law and technology
Law and technology
Law and technology
Law and technology
Law and technology
Law and technology
Law and technology
Law and technology
Law and technology
Law and technology
Law and technology
Law and technology
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Law and technology


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Legal issues involving the internet

Legal issues involving the internet

Published in: Technology
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  • 1. Legal Issues Involving Internet Presentation By -: Gurpreet Singh Amarjit & Associates Saturday, 7 th June, 2008 Social Media & Blog Camp
  • 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:
    • Blog:
    • Foundation: