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

Defamation

Jurisdiction

Contracts

Intellectual Property “ Creativity of Mind ” Forms of Intellectual Property Trademarks Copyrights Patents Industrial Design Geographical Indications Trade Secrets

“ 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

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

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

“ 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 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

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

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

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

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

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.

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

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.

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)

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

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

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