IPR – An Overview, Copyright Issues in Cyberspace

1. INDIRA GANDHI DELHI TECHNICAL UNIVERSITY
FOR WOMEN
Subject - Cyber Laws & Rights
M. tech. 3rd Sem., ISM.
 By: Prashant Kr. Vats,
 M.tech., Ph.D.

2. IPR – An Overview, Copyright Issues
in Cyberspace

3. Intellectual property
• Intellectual property (IP) is a category
of property that includes intangible creations
of the human intellect.
• There are many types of intellectual property,
and some countries recognize more than
others.
• The most well-known types
are copyrights, patents, trademarks, and trade
secrets.

4. MAIN PURPOSE OF INTELLECTUAL
PROPERTY LAW
• The main purpose of intellectual property law is to
encourage the creation of a wide variety of intellectual
goods.
• To achieve this, the law gives people and businesses
property rights to the information and intellectual goods
they create, usually for a limited period of time.
• This gives economic incentive for their creation, because it
allows people to profit from the information and
intellectual goods they create.
• These economic incentives are expected to stimulate
innovation and contribute to the technological progress of
countries, which depends on the extent of protection
granted to innovators.

5. IPR In India
http://www.ipindia.nic.in/

6. Controller General of Patents, Designs, and Trade Marks
• The Controller General of Patents, Designs, and Trade Marks administers the laws
relating to Patents, Designs, Trade Marks & Geographical Indications of Goods in India.
• CGPDTM heads the Patent Office, Trade Marks Registry, Geographical Indications
Registry, Copyrights Office, the Patent Information System (PIS) & the Rajiv Gandhi
National Institute of Intellectual Property Management (RGNIIPM).
• The Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) is
located at Mumbai.
• The Head Office of the Patent office is at Kolkata and its Branch offices are located at
Chennai, New Delhi and Mumbai.
• The Trade Marks registry is at Mumbai and its Branches are located in Kolkata, Chennai,
Ahmedabad and New Delhi.
• The Design Office is located at Kolkata in the Patent Office.
• The Offices of The Patent Information System (PIS) and National Institute of Intellectual
Property Management (NIIPM) are at Nagpur.
• The Controller General supervises the working of the Patents Act, 1970, as amended,
the Designs Act, 2000 and the Trade Marks Act, 1999 and also renders advice to the
Government on matters relating to these subjects.
• In order to protect the Geographical Indications of goods a Geographical Indications
Registry has been established in Chennai to administer the Geographical Indications of
Goods (Registration and Protection) Act, 1999 under the CGPDTM [Controller General
of Patents, Designs, and Trade Marks (CGPDTM) ]

7. India: Intellectual Property Laws of India
- An Overview
• The Law on the subject is covered by the
• 1. Copyright Act;
• 2. the Trade and Merchandise Marks Act;
• 3. Patents Act and
• 4. the Designs Act.
• These are mainly based on the English law on the
subject.
• The law is poised for fundamental changes to
meet the international commitment of the Indian
Government under the TRIPS/WTO Agreement.

8. Copyright protection in India
• Copyright protection in India is available for any
literary, dramatic, musical, sound recording and
artistic work.
• The Copyright Act 1957 provides for registration
of such works. Although an author’s copyright in
a work is recognized even without registration, it
is advisable to get the same registered since it
furnishes prima facie evidence of copyright in a
court of law.
• Infringement of copyright entitles the owner to
remedies of injunction, damages and accounts.

9. Copyright protection in India
• Copyright in a literary, dramatic, musical or artistic work
(other than a photograph) published within the lifetime of
the author subsists for fifty years from the lifetime of the
author.
• An Amendment Bill is on the anvil to extend the term in
favor of performers1 (at present twenty five years) to fifty
years (in order to bring it in accord with the TRIPS
Agreement).
• The amendment also aims to bring original works relating
to satellite broadcasting, computer software and digital
technology under copyright protection.
• With the issuance of the International Copyright Order,
1999,the provisions of Copyright Act have been extended
to nationals of all World Trade Organization (WTO) Member
countries.
1. http://www.kaplegal.com/content/articles/ ‘Performance’ in relation to performers’ rights,
means any visual or acoustic presentation made live by one or more performers.

10. Patents in India
• The subject is covered by the Patents Act, 1970.
• India recognizes product patent protection for a period of 14 years.
• However, in three areas: food, chemicals and pharmaceuticals, it
recognizes only a process patent for a period of 7 years.
• With the signing of the GATT Agreement, the Patents Act, 1970 has
been amended by the Patents (Amendment) Act, 1999 to bring it in
line with the Trade TRIPS Agreement.
• The amended law would allow the filing of all product patents with
a regulatory authority. It also contains provision for granting
Exclusive Marketing Rights (EMRs) for five years or till the patent is
granted or rejected whichever is earlier.
• The Patents (Second Amendment) Act 20022 recently passed by the
Parliament provides protection for new micro organisms and
proposes a uniform 20 year term from filing date for all patents
granted after commencement of the Act.
• It also provides for publication of all patent applications within 18
months of filing or priority date, whichever is earlier.
2 http://www.kaplegal.com/content/articles/ Both Amendment Acts have yet to come into force.

11. Trade Marks
• The law relating to registration of trade marks is
governed by the Trade and Merchandise Marks
Act, 1958. A distinctive mark (as defined) can be
registered under the said Act.
• In case of infringement of registered trademarks,
the statutory remedies of injunction, damages,
accounts and delivery up of infringing labels and
marks are available. An action for "passing-off"
would lie in relation to an unregistered mark
under certain circumstances.

12. Trade Marks Act, 1999
• In order to simplify the law and meet India’s international obligations under
the TRIPS, a new law called the Trade Marks Act, 1999 has been passed but
has not yet been brought into force. Extensive changes have been introduced
by the new Act. The major changes are given below:
• Definition of a 'mark' is extended to include the shape of goods, packaging,
and combination of colors.
• Service Marks: These would now be allowed to be registered.
• Well Known ‘Mark’: An application for registration of a mark may be refused
if it is similar or identical to a well known mark.
• Collective marks: The new Act will permit registration of marks in favour of
associations of persons as "collective marks". Collective marks are defined as
signs which distinguish the geographical origin, material, mode of
manufacture, quality or other common characteristics of goods or services
used or intended to be used, in commerce, by the members of a co-operative,
an association, or other collective group or organization.
• Duration of registration: The 7 years period available under the existing Act
has been increased to 10 years, extendable by further periods of ten years
each.
• Multiclass registration applications: Applicants would be able to file a single
application for marks capable of registration in number of classes.
• Infringement of a mark: Offences relating to trade mark infringement have
been dealt with more severely under the new Act.

13. Industrial Design
• The Designs Act, 2000 protects certain designs.
• The features of shape, configuration, pattern,
ornament or composition of lines or colors applied to
any ‘article’ whether in two or three dimensional forms
(or both), by an industrial process which appeals to the
eye can be registered under the said Act.
• The Designs Act 2000 brought into force in May 2001
entitles an applicant to apply for registration in more
than one class.
• However, registration is granted for only one class.
Furthermore detailed classification of designs has been
incorporated conforming to the international regime.
• Copyright in the design under the 2000 Act would be
protected for a period of 10 years from the date of
registration.

14. Geographical Indication
• The Geographical Indication of Goods (Registration and
Protection) Act, 1999, was enacted to register and
protect geographical indicia of goods that originate
from or are manufactured in a particular territory,
region or even locality.
• These goods include agricultural, natural or
manufactured goods that are distinct from similar
products due to quality, reputation or any other
characteristic that is essentially attributable to their
geographical origin.
• Under the Act, such distinctive geographical indicia can
be protected by registration.
• The Act thus facilitates promotion of Indian goods
when exported overseas and in turn protects
consumers from deception.

15. Geographical Indication
• An application for registration of a geographical indication
can be made by any authority, organization or association of
persons representing the interest of the producers of the
concerned goods.
• Registration would entitle a registered proprietor, or a duly
authorized user, to the exclusive right of usage of that
particular geographical indication with respect to the goods
for which it is registered and to obtain relief for any
infringement thereof.
• It may be pointed out however, that non-registration does
not mean non-protection of a rightful user.
• Registration affords better protection in an action for
infringement.
• The validity of bona fide registration of a geographical
indication as a trade mark prior to the coming into force of
the Act will not be affected by this enactment and will be
treated as valid under the laws relating to trade marks.

16. Various IP laws enacted by the Government of India are
listed below.
• Main IP Laws: enacted by the Legislature (Date of current version)
• The Patents Act, 1970 (1970)
• Patents (Amendment) Act, 1999 (1999)
• Patents (Amendment) Act, 2002 (2002)
• Patents (Amendment) Act, 2005 (2005)
• Protection of Plant Varieties and Farmers' Rights Act, 2001 (2001)
• The Semiconductor Integrated Circuits Layout-Design Act, 2000
(2000)
• The Designs Act, 2000 (2000)
• Copyright (Amendment) Act, 1999 (1999)
• The Geographical Indications of Goods (Registration and Protection)
Act, 1999 (1999)
• The Trade Marks Act, 1999 (1999)
• Copyright Act, 1957 (1999)
• Copyright (Amendment) Act, 1994 (1994)

17. IP-related Laws: enacted by the Legislature (Date of current version)
• The Cable Television Networks (Regulation) Act, 1995 (2002)
• Cable Television Networks (Regulation) Amendment Act, 2000 (2000)
• Cable Television Networks (Regulation) Amendment Act, 2002 (2002)
• The Cable Television Networks (Regulation) Amendment Act, 2007 (2007)
• The Code of Criminal Procedure, 1973 (2006)
• Biological Diversity Act, 2002 (2002)
• The Information Technology Act, 2000 (2000)
• The Telecom Regulatory Authority of India Act, 1997 (1997)
• The Telecom Regulatory Authority of India (Amendment) Ordinance, 2000 (2000)
• The Arbitration And Conciliation Act, 1996 (1996)
• Drugs and Cosmetics Act, 1940 (1995)
• The Cinematograph Act, 1952 (1984)
• The Code of Civil Procedure, 1908 (1980)
• The Seeds Act 1966 (1966)
• The Seeds (Amendment) Act, 1972 (1972)
• The Customs Act, 1962 (1962)
• The Indian Wireless Telegraph Act, 1933 (1933)
• The Indian Penal Code (1860)

18. Implementing Rules/Regulations Intellectual Property (Date of current
version)
• The Protection of Plant Varieties and Farmer's Rights Rules, 2003 (2003)
• Protection of Plant Varieties and Farmers’ Rights Regulations, 2006 (2006)
• Protection of Plant Varieties and Farmers Rights (Criteria for DUS for Registration) Regulations, 2009
(2009)
• The Protection of Plant Varieties and Farmers’ Rights (Second Amendment) Rules, 2009 (2009)
• Direction of The Telecom Regulatory Authority of India (2008)
• Designs (Amendment) Rules, 2008 (2008)
• Circular on Implementing the Intellectual Property Rights (Imported Goods) Enforcement Rules,
2007 (2007)
• Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 (2007)
• Patents Rules 2003 (2003)
• Patents (Amendment) Rules, 2005 (2004)
• Patent (Amendment) Rules, 2006 (2006)
• Biological Diversity Rules, 2004 (2004)
• The Drugs and Cosmetics Rules, 1945 (as corrected up to November 30, 2004) (2004)
• The Geographical Indications of Goods (Registration and Protection) Rules, 2002 (2002)
• Trade Marks Rules, 2002 (2002)
• Semiconductor Integrated Circuits Layout-Design Rules, 2001 (2001)
• The Designs Rules, 2001 (2001)
• Information Technology (Certifying Authorities) Rules, 2000 (2000)
• Copyright Rules, 1958 (1958)
• The International Copyright Order, 1999 (1999)

19. Challenges of Copy Right And Cyber
Space

20. Challenges of Copy Right And Cyber Space
• It is of utmost importance to know more about copyright with regard
to computer programs / software, computer database and various
other works in cyberspace. Copyright is the key issue in the intellectual
property rights in digital era.
• Under the T.R.I.P.S (Trade Related aspects of Intellectual Property
Rights) agreement, computer programs now qualify for copyright
protection just as any other literary work as well as other forms of
Intellectual Property Rights protection.
• The first attempt to harmonies copyright law at a global level dates
back to adoption of the Berne Convention in 1886.
• As per Sec.13 and 63 of the Indian Copyright Act, 1957; literary works,
pictures, sound recordings and other creative works are protected
from being copied without the permission of the copyright holder.
• The characteristic of the internet has outperformed of the law; thus
the question arises whether copyright is shaken by the advancement
of technology and that it is significant in the digital era.
• The borderless nature of internet calls for a more encouraging
relationships in other jurisdictions and close operation with
international organizations.

21. Introduction
• Copyright is a key issue in Intellectual Property Rights (I.P.R) in
digital era.
• Though the term “Copyright” is not new, the modern technology
brought in a great importance to intellectual property and copyright
in particular, which has cropped up in new concepts such as
computer programs, computer database, computer layouts,
websites etc.
• A great care is taken to trace out the linkage between copyright and
cyberspace, by taking the readers to have glimpses of database
history, software nuances, which establish a ground reality upon
this topic and clinches the issues with no iota of doubts anymore.
• The internet has now become all encompassing; it touches the lives
of every human being. We cannot undermine the benefits of
internet; however, its anonymous nature allows miscreants to
indulge in various cybercrimes.
• Cyberspace can be defined as an intricate environment that
involves interactions between people, software and services.

22. • Cyber security denotes the technologies and procedures intended
to safeguard computer networks and data from unlawful
admittance of weaknesses and attacks transported through the
internet by cyber delinquents.
• Intellectual property refers to creations of the human mind, for
example; a story, a song, a painting, a design, a program etc.
• The facets of intellectual property that relates to cyberspace are
covered by cyber law namely
Ø Copyright Law
Ø Trademark Law
Ø Semiconductor Law
Ø Patent Law
• Data protection and privacy laws aim to achieve a fair balance
between the piracy rights of an individual and the interests of data
controllers such as Banks, Hospitals, Electronic mail Service
providers etc.
• The Indian Penal Code (I.P.C) (as amended by I.T Act) penalizes
several cyber-crimes. These include forgery of electronic records,
cyber frauds, destroying electronic evidence etc.

23. Digital evidence is to be collected and proven in the Court
of Law as per the provisions of the Indian Evidence Act (as
amended by the I.T. Act 2000).
Every new invention in the field of technology experiences
a variety of threats. Internet is one such a major threat
which has captured the physical market place and has
converted into a virtual market place. The need of the hour
is to initiate stringent strategies in order to design and
implement a secure cyberspace and protect copyright
owners from the clutches of the wrongdoers.
As of now, copyright has been adopted to protect internet
items. It protects original work or work that is fixed in a
tangible medium that means it is written, typed or
recorded. Since it is not designed for internet, copyright law
regarding internet is not much clear and transparent.

24. • Cyberspace is a virtual world, which technically exists only in
computer memory, but it is interactive and pulsing with life. In fact,
cyberspace is a living organism which changes frequently because
of constant downloading and uploading information that is fed and
also large number of people frequenting this medium.
• Cyberspace is linked to copyright in the sense, a person can come
on the sight and talk to the people of various locations, read,
publish, research, hear music, watch video, look at art, purchase
and sell things, access to government documents, send e-mails,
download software and receive technical support.
• Now, on the internet, copyright faces its greatest challenge. The
beauty of digital media is that there is no degradation in successive
copying.
• The other important factor about digital media is the case of
transmission and multiple uses.
• The internet poses two basic challenges for I.P.R administrator, what
to administer? And how to administer?
• Copyright is not meant to grant to its holder’s exclusive control of
their works, rather it is a very specific bundle of rights designed to
foster creativity for the public interest.

25. • Copyright violations have become rampant since the
advent of cyberspace and the development of related
information technologies.
• Copyright threats are not limited to few blockbusters but
are rampant in cyberspace, affecting a range of digital
products.
• Moreover, flagrant violation of copyrights is a just a tip of
the iceberg of a much services problems of Intellectual
Property Rights (I.P.R) threats in the internet.
• The advent and growth of internet has resulted in the
creation of an unruly and anarchic space called the
cyberspace, which poses extremely serious threats to
copyrights.
• To control dissemination and copying of works, copyright
owners have been developing technological protection
measures like E.C.M.S (Electronic Copyright Management
System).

26. Copyright And Cyberspace
• Nomenclature
Copyright
It is the exclusive and assignable legal right
given to originator for a fixed number of years
to print, publish, perform, and film or
material.
“It is a legal device that gives the creator of a
literary artistic, musical or other creative
work, the sole right to publish and sell that
work.”

27. Cyberspace
• “It is domains characterized by the use of electronics and
the electromagnetic spectrum to store, modify and
exchange data via networked systems and associated
physical infrastructures. In effect, cyberspace can be thought
of as the interconnection of human beings through
computers and telecommunication without regard to
physical geography.”
• With the onset of modern technology, more importantly
the internet, copyright protection assumed greater
significance. Now a days, copyright law has been
incorporated and put into usage to protect internet items.
• It protects original work or work that is fixed in a tangible
medium i.e.; it is written, typed or recorded. In fact, the
internet was introduced in 1960 and WWW in 1990’s; which
clearly established the fact that copyright which a manual
operation was hitherto got transformed into
electromagnetic operation.

28. Although the current copyright laws do provide protection to
copyright owners, it also has some shortcomings as to the
effectiveness of copyright protection being enforced on the people.
Thus the boundaries nature of internet calls for a stronger and
mightier relationship in other jurisdictions and close cooperation
with international organizations. It is therefore the duty of the
society that needs to be educated about the necessity of copyright
protection in order to check, control and also prevent any
unauthorized usage.
Cyberspace is a virtual world, which technically exists only in
computer memory, but it is interactive and pulsing with life. The
advantage in cyberspace is that one can meet and talk to new
people, read, publish research, hear music, watch video, look at art,
purchase and sell things, access to the government documents,
send e-mails, download software and receive technical support.
One-way cyberspace is a living organism emendable to frequent
changes to suit the demands of the public. Now a days, people are
so accustomed to the cyberspace that it has become a part of our
daily life and are more dependent on it even for a slightest need for
example to book a movie ticket, they go online, so is the
importance of cyber space.

29. Copyright And Database
• Database
Before going into the details it is better to know and understand about
“database”. Indeed, database is a collection of data arranged in a
systematic way to allow for the easy and efficient retrieval of information.
It is usually in an electronic form. A database must be distinguished from a
database system (also known as Data Base Management System
(D.B.M.S)). This is an important distinction to keep in mind when
considering what is protected in a database. Thus computer database
means a representation of information knowledge, facts, concepts or
instructions in text, image, audio, video that are being prepared or have
been prepared in a formalized manner and have been produced by a
computer, computer system or computer network.
A database can generally be looked at as being a collection of records,
each of which contains one or more fields (i.e. pieces of data) about some
entity (i.e. object), such as a person, organization, city, product, work of
art, recipe, chemical or sequence of D.N.A (Deoxy ribo Nucleic Acid). For
example, the fields for a database that is about people who work for a
specific company might include the name, employee identification
number, address, telephone number, date of employment etc.

30. Scope of Copyright And Database
• Database is meant to describe a compilation of works, data or other
materials (i.e. collection of facts) arranged in a systematic or by logical
principles in a methodical or scientific manner. In a way put to use by the
compiler.
• According to Lord Atkinson, for the subsistence of copyright, “it is
necessary that labour, skill and capital should be expended sufficiently to
impart to the product some quality or character which the raw material
does not possess and which differentiates the product from the material.
• Accordingly, database refers to collection of data, works, information or
other independent material arranged in a systematic or methodical way
following some basic principle of compilation; database should be given
copyright protection even if they are the compilation of non-original works
as they are the result of skill and labour employed by the author in
creating the work7. For example, a database of articles on “Indian
Intellectual Property Laws” should be given copyright as it is a work that is
the result of labour, skill and capital employed and judgement expended in
selecting and arranging the articles by the creator of the database.
In India, databases have been treated as literary works. According to
Section 2(o) of the Copyright Act 1957 “Literary works” include computer
programs, tables and compilation including computer database.

31. What The Internet Has To Do With Copyright?
• So far international copyright law was based upon the
Berne Convention for the protection of literary and artistic
works and the T.R.I.P.S (Trade Related aspects of Intellectual
Property Right) of 1995. Since 1974, the international
copyright instruments have been managed by a special
United Nations Agency by name W.I.P.O (World Intellectual
Property Organization).
• W.I.P.O’s objective as per the treaty is to promote the
protection of intellectual property throughout the World
through cooperation among the states and where
appropriate, in collaboration with other international
organizations.
• Currently W.I.P.O consists of 180 member states. W.I.P.O
administers six copyright treaties and aims at
“homogenizing national intellectual property protections
with an ultimate eye towards the creation of a unified,
cohesive body worldwide international law.

32. • The Berne Convention
• The Berne Convention of 1886 was the first step in harmonizing copyright
law at a global level. The convention established a minimal level of
copyright protection for the member nations to follow and adopt the
“National Treatment Policy”
• The T.R.I.P.S (Trade Related Aspects Of Intellectual Property Rights)
Agreement
• The General Agreement on Tariffs and Trade (G.A.T.T) has also addressed
copyright issues, in parallel to W.I.P.O. The goal of G.A.T.T is to promote the
reduction of tariff barriers to the international movement of goods. In
1994, the Uruguay round of G.A.T.T produced T.R.I.P.S. The same round
also instituted the W.T.O (World Trade Organization). The T.R.I.P.S
Agreement adopts portions of the Berne, Rome and Paris Conventions in
enunciating norms for intellectual property laws.
• W.I.P.O (World Intellectual Property Organization)
• W.I.P.O is an organization of the United Nations (U.N). W.I.P.O’s activities
are of four kinds:- registration, promotion of inter-governmental
cooperation in the administration of intellectual property rights,
specialized programmed activities and lastly dispute resolution facilities. In
1996, member countries found it necessary to form a treaty to deal with
the protection of copyright evolvement of new technology.

33. Internet In India
• The internet system has spread very fast in India. Eg: V.S.N.L (Videsh Sanchar
Nigam Limited), a Public Sector Unit started its commercial activities on 15th
August 1995. With the growth of internet, issues of Intellectual Property Rights are
also likely to increase.
• Copyright Problems
The internet poses two basic challenges for I.P.R administrator.
• What to administer? and How to administer?
• One of the basic copyright issues in the internet is determining the border
between private and public use.
• The Indian Copyright Act,1957 (amended in 1994, 2012) also makes a distinction
between reproduction for public use and can be done only with the right holder’s
permission, whereas the law allows a fair dealing for the purpose of private use,
research, criticism or review.
• The right of reproduction presents certain fundamental problems over the
internet. This is because of the basic nature of internet transmission. Reproduction
takes place at every stage of transmission. Temporary copying (known as caching)
is an essential part of the transmission process through internet without which
messages cannot travel through the networks and reach their destinations.
• In the Indian Law, reproduction has to be in a material form but includes “storing
of it in any medium by electronic means.” Case laws need to make it amply clear
about the temporary and permanent reproduction, that takes place in the internet
communications.

34. • W.I.P.O And Digital Copyrights
• The Copyright Treaty 1996 and Performances and
Phonograms Treaty 1996 are the two major
international legal instruments relating to cyberspace
created under the auspices of W.I.P.O.
• A close analysis of W.I.P.O Copyrights Treaty would
reveal the scope and limitations of protection related
to digital copyrights.
• W.I.P.O Copyright Treaty addresses these specific rights
namely the rights of distribution, rental and
communication to the public.
• The Treaty also interestingly addresses the issue of
Rights Management Information (R.M.I) which is
relevant to the popular Digital Rights Management
(D.R.M)

35. • Copyright In Cyberspace
• Copyright protection gives the author of work a certain “bundle of rights”,
including the exclusive right to reproduce the work in copies, to prepare
derivative works based on the copyright work and to perform or display
the work publicly.
• Right of Reproduction
• Here the question arises, whether the internet users copying of the
author’s work constitutes an infringement of the author’s copyright?
• Public Performance And Display Rights
• The right that does get affected is that of display. Display of the work is
also done by making copies, which are then retailed or lent out. This also
falls under the right to display, which the holder of the copyright has.
• Distribution Rights
• Copyright Law grants the holder of the copyright the exclusive right to
distribute copies of the work to the public by sale or by the transfer of the
ownership.
• Caching (Mirroring)
• It is a violation on the internet. Caching may be local caching and proxy
caching. In addition, proxy caching may give rise to infringement of the
right of public distribution, public policy, public performance and digital
performance.

36. Legal Aspects And Challenges

37. • Copyright Infringement
• Copyright in a work is infringed when the work is copied without
the consent of the copyright owner. A copyright law deals with the
form in which the work is expressed. It doesn’t monopolize the idea
of information. As a medium, it allows a person to access a large
amount of information and to copy that information in the same
state as it is displayed.
• Electronic Copyright Management System (E.C.M.S)
• The copyright owners have an option to make use of the technology
protection measures. E.C.M.S is indeed a legal framework to protect
against third parties circumventing these systems.
Technology protection measures may be classified as follows: -
access control measures and copy control measures. Examples of
access control measures include passwords, encryption and set top
boxes. E.C.M.S is used to enable the copyright owners to track,
manage or prevent copying of their work, such as digital
watermarking system. This system allows the copyright owner to
track and identify unauthorized copies made by the original work.

38. • Legal Aspects Of Electronic Copyright Management System
• The following are the two important legal aspects
(a) D.M.C.A (Digital Millennium Copyright Act 1998)
This Act (D.M.C.A)provides firstly, that no person shall circumvent a
technological protection measure that effectively controls access to a
work protected under the Act. The Second part prohibits trafficking in
devices or services for circumventing technology measures that control
access. The third part prohibits trafficking in devices or services for
circumventing technology measures that protect the rights of a copyright
owner.
• (B) E.U.C.D (Europe Union Copyright Directive)
• The main focus was on the preparatory activities, because the real danger
for Intellectual Property Rights will not be a single act of circumvention by
individuals but preparatory activities to produce devices or offer services
to circumvent.
• Protection Of Database In India
• The Indian Copyright Act 1957 protects “Databases” as “Literary Works”
under Section 13(1) (a) of the Act which says that copyright shall subsist
throughout India in original literary, dramatic, musical and artistic works.
The term computer Database has been defined in the Information
Technology Act 2000 for the first time. Section 43 of the I.T. Act 2000
provides for compensation to the aggrieved party up to one crore rupees
from a person who violates the copyright and cyberspace norms. Also
Section 66 of I.T.Act 2000 provides for penal liabilities in such a case.

39. • Copyright Protection Of Computer Software / Program
• Under the T.R.I.P.S Agreement, computer programs now qualify for
copyright protection just as any other literary work, as well as other forms
of I.P. protection. Copyright, matters most in the computer software
industry to off- the shelf business applications sector.
Under T.R.I.P.S, developing countries are permitted the flexibility to allow
reverse engineering of software.
India
For the first time in India, the copyright law clearly made several
provisions in this regard to protect the copyright owners: -
Ø The right of a copyright holder
Ø Position on rentals of software
Ø The rights of the user to make backup copies
Ø Section 14 of Copyright Act makes it illegal the distribution of copies of
copyrighted software without paper or specific authorization.
Ø The violator can be tried under both the Civil and Criminal Law
Ø Heavy punishment and fines for infringement of software copyright.
Ø Section 63(B)-Stipulates a minimum full term of 7 days, which can be
extended up to 3 years

40. • Internet Protection In India
• The internet challenge for the protection of internet is the
protection of intellectual property. It is still unclear as to how
copyright law governs or will govern these materials (literary works,
pictures and other creative works) as they appear on the internet.
Section 79 of the I.T. Act 2000 provides for the liability of I.S.P’s
“Network Service Providers not to be liable in certain case.”
Section 79 of the I.T.Act exempts I.S.P’s from liability for third party
information.
• Indian Cyber Jurisdiction
• Though it is the in nascent stage as of now, Jurisprudential
development would become essential in the near future; as the
internet and e-commerce shall shrink borders and merge
geographical and territorial restrictions on jurisdiction. There are
two dimensions to deal with.
(i) Manner in which foreign courts assume jurisdiction over the
internet and relative issues
(ii) The consequences of decree passed by a foreign court.

41. • Recommendations
The elaborate discussion in the foregoing chapters needs to
culminate with the following recommendations: -
1. T.R.I.P.S Agreement, wherein computer programs qualify for
copyright protection, needs to be adopted and implemented in
letter and spirit by all the developed countries
2. Copyright, matters most in the computer software industry to off
the shelf business applications sector in developing countries which
presents two main problems that have to be closely monitored so
that the copyright owners across the World will be protected.
(a) Stronger protection and enforcement could mean a more
limited diffusion of technologies. Eg: governments and donor
organizations should review their software procurement policies.
(b) National copyright laws need to be drafted appropriately.
3. Serious and sincere efforts are made for procurement of
computer software. Since software license fees affect the total cost
of an I.T system.
It would be sensible if the governments and donor organizations
should certainly consider supporting programmes to raise
awareness about low cost options, including open source software,
in developing countries.

42. • Conclusion
In view of the discussions herein the following conclusions are
made: -
1. The boundary less nature of internet calls for a more encouraging
relationships in other jurisdictions and close cooperation with the
international organizations
2. There is an immense need for the society to be educated about
the necessity of copyright protection in all fronts to prevent any
unauthorized use and pilferage of the system.
3. The copyright law is the most potent instrument presently
available for tackling I.P.R issues on the internet.
4. The analysis of copyright in cyberspace reveals a mixed result of
new opportunities and threats. Such threats often outweigh the
opportunities offered by the cyberspace and necessity arises for
increasing regulations of cyberspace to protect copyrights.
5. Lack of internationally agreed principles relating to copyrights in
cyberspace gives ample room for divergent domestic standards.
6. The following exceptions and limitations to the rights need to be
reassessed
(i) Access controls ability to engage in fair use
(ii) Circumvention of access controls affect, value and works
protected by copyright.

43. Thank you