Law and technology

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

Law and technology

by delhibloggers on Jun 30, 2008

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Law and technology — Presentation Transcript