This document discusses cyber law and intellectual property issues from the Indian perspective. It begins by defining cyber law and explaining the need for cyber law due to the disadvantages of increased internet accessibility and rampant cyber crimes. It then discusses the history and scope of the Information Technology Act of 2000 in India, which was enacted to respond to UN recommendations on electronic transactions and governance. The document also covers the different types of intellectual property, forms of copyright and trademark infringement online, and landmark cases related to domains and trademarks. It concludes by suggesting areas where Indian cyber law could be strengthened.
Unit 5 Intellectual Property Protection in CyberspaceTushar Rajput
Intellectual Property in Cyberspace, Linking, In lining and Framing, P2P Networking,
Webtesting, Domain Names, Management of IPRs in cyberspace, Liabilities of Internet Services Providers, Digital Rights Management, Search Engines and their
Abuse, Non-original Database
Unit 5 Intellectual Property Protection in CyberspaceTushar Rajput
Intellectual Property in Cyberspace, Linking, In lining and Framing, P2P Networking,
Webtesting, Domain Names, Management of IPRs in cyberspace, Liabilities of Internet Services Providers, Digital Rights Management, Search Engines and their
Abuse, Non-original Database
Privacy right under it act, 2000 and under other lawNitya Nand Pandey
After coming the computer age our privacy is not so secure. We are bening followed and traced if we are using multimedia mobile with internet connection. What are the remedies against this, this Notes reply.
Electronic or Digital evidence in India Courts
ip address as evidence
cdr address as evidence
electronic evidence under indian evidence act
electronic record in india
Trademarks in Cyberspace: Domain name disputes, cybersquatting and internet i...garypierson
This is a presentation recently presented to the Bar Association of Metropolitan St. Louis regarding domain names and other trademark related internet topics. It covers the basic system for registering domain names, domain name dispute resolution and domain name portfolio management. It also touches on other current intellectual property topics such as keyword advertising, social media and the coming new top level domains.
This presentation discusses the nuts and bolts of filing complaints as well as the elements required to file a UDRP action. In addition, the presentation provides an overview of the UDRP process and practical tips on how to handle the UDRP and URS processes.
This presentation is about how Internet can serve as a medium of dispute Resolution for various commercial and contractual disputes. Delivered at a CIAC conference in India by Cyberlaw expert, Karnika Seth it describes various ODR models available on Internet in India and other countries and discusses steps required to be adopted for its implementation in India .
Presentation made by Dr Tabrez Ahmad in Biju Pattanaik State Police Academy Bhubaneswar. To train DSP,s on Cyber Crime Investigation and Cyber Forensics.
• IT Act is based on the model of electronic commerce
adopted by UN Commission on international trade
law in 1996.
• It provides legal recognition to electronic commerce
transactions, allows electronic filing of documents
and penalizes computer related crimes.
• The cyber law is law relating to computers,
communications and internet and referred as ICT
law.
• ICT law covers e-commerce, e-governance,
Intellectual property, data security, cyber crimes and
issues of privacy.
Privacy right under it act, 2000 and under other lawNitya Nand Pandey
After coming the computer age our privacy is not so secure. We are bening followed and traced if we are using multimedia mobile with internet connection. What are the remedies against this, this Notes reply.
Electronic or Digital evidence in India Courts
ip address as evidence
cdr address as evidence
electronic evidence under indian evidence act
electronic record in india
Trademarks in Cyberspace: Domain name disputes, cybersquatting and internet i...garypierson
This is a presentation recently presented to the Bar Association of Metropolitan St. Louis regarding domain names and other trademark related internet topics. It covers the basic system for registering domain names, domain name dispute resolution and domain name portfolio management. It also touches on other current intellectual property topics such as keyword advertising, social media and the coming new top level domains.
This presentation discusses the nuts and bolts of filing complaints as well as the elements required to file a UDRP action. In addition, the presentation provides an overview of the UDRP process and practical tips on how to handle the UDRP and URS processes.
This presentation is about how Internet can serve as a medium of dispute Resolution for various commercial and contractual disputes. Delivered at a CIAC conference in India by Cyberlaw expert, Karnika Seth it describes various ODR models available on Internet in India and other countries and discusses steps required to be adopted for its implementation in India .
Presentation made by Dr Tabrez Ahmad in Biju Pattanaik State Police Academy Bhubaneswar. To train DSP,s on Cyber Crime Investigation and Cyber Forensics.
• IT Act is based on the model of electronic commerce
adopted by UN Commission on international trade
law in 1996.
• It provides legal recognition to electronic commerce
transactions, allows electronic filing of documents
and penalizes computer related crimes.
• The cyber law is law relating to computers,
communications and internet and referred as ICT
law.
• ICT law covers e-commerce, e-governance,
Intellectual property, data security, cyber crimes and
issues of privacy.
Domain names and cybersquatting as deadly threats to trade marks in nigeria (2)Joseph Onele
Although the process for registering domain names is a separate one from trademark registration, many countries have reached the conclusion that there is a strong need to take precautionary measures to prevent conflicts between trademarks and use of domain names. Nigeria has, with the recent passing of the Cybercrimes (Prohibition, Prevention, Etc) Act 2015 joined the moving train in adapting its trademarks protection framework to the exigent demands of participating in the network of computers on the World Wide Web. This paper examines the concept of trademark infringement, cybersquatting and the use of domain names, as well as considers the appropriateness of an action for trademark infringement or passing off in the event of a dispute arising from use of domain names.
An Introduction to Cyber Law - I.T. Act 2000 (India)Chetan Bharadwaj
An Introduction to Cyber Law - Chetan Bharadwaj
The modern thief can steal more with a computer than with a gun. Tomorrow's terrorist may be able to do more damage with a keyboard than with a bomb.
a detailed description to Introduction to patents and its allied issues. Its object and scope have also been discussed. Few provisions from the Patent Act 1970 are also addressed.
A detail discussion on Trademark law in India and landmark cases relating to trademark infringement, passing off action and remedies thereof have been discussed in this ppt. Illustrations have been provided wherever necessary for more understanding.
An insight on Specific Offences under Indian Penal Code 1860. A detail presentation on specific offences with criminal Amendment Act 2013 has been included under this slide. Offences against women, children have also been discussed at length.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Daftar Rumpun, Pohon, dan Cabang Ilmu (28 Mei 2024).pdf
Cyber law & Intellectual property issues
1. “Cyber law & IP Security
Issues”
The Indian perspective
Presented by:
Atul S. Jaybhaye
B.A.LL.M.NET
2. What is Cyber Law?
A law which relates to computer and cyberspace related
issues.
Concept of cyber crime, Computer as a tool or target.
It can be categorised into cyber crimes against persons,
property & government
Cyber crime differs from the conventional crime.
3. Need for Cyber Law
No doubt upon utility of computers and Internet but it has
some disadvantages too.
Internet is easily accessible, there is no any territorial
jurisdiction.
Hacking, cheating, cyber stalking, sending or publishing
obscene material has become rampant.
To prevent misuse of Internet and to curb cyber crimes,
there is a need of cyber law.
4. History of IT Act, 2000
The United Nations Commission on International Trade
Law (UNCITRAL) adopted model law on E-commerce in
1996.
India was a signatory party to this commission.
This commission gave recommendations in respect of
value of computer records, electronic signature and
records.
Such recommendations were adopted by General Assembly
of UN and passed a resolution to enact in every nation
model law on e-commerce.
5. Scope & Object of IT Act,2000
Object of IT Act:
To respond and to give effect to the United Nations
recommendations.
To provide ‘legal recognition’ for transactions carried out
by means of Electronic data.
To facilitate electronic filing of documents with the govt.
Agencies.
To promote Electronic governance.
6. Overview of IT Act, 2000
Enactment date 9th June, 2000.
It contains 90 sections divided in 13 chapters.
It extends to the whole of India including the state of
Jammu & Kashmir.
However, this Act does not apply to the following
documents or transactions
A Negotiable instrument (other than a cheque), A Will,
Power of Attorney, trust deed, Sale deed etc.
7. Important chapters of the Act
Digital
signature
Certifying
Authorities
Offences
and
penalties
Cyber
Appellate
Tribunal
E-
Governance
8. Meaning of Intellectual property
Every person has a right to protect his own property.
‘Intellectual property’ refers to the creations of the
human mind.
Our law gives legal protection to IP at national and
international level.
TRIPS Agreement, WIPO are the international treaties for
the protection of IP.
10. Copyright issues in cyberspace
Copyright as a ‘bundle of rights’.
Subject matter of Copyright work- any literary, dramatic,
musical, artistic, cinematographic films, sound recording
and computer programmes
Computer software & Copyright Law – challenges and
issues?
Types of software & its infringement
11. Forms of Copyright infringement through
cyberspace
Linking
FramingIn-lining
12. Trademark Vs. Domain names
Sec.2(1) (zb) "trade mark" means a mark capable of being represented
graphically and which is capable of distinguishing the goods or
services of one person from those of others and may include shape of
goods, their packaging and combination of colours.
13. What is a domain name?
A name assigned to a particular website.
14. Levels of Domain names
Generic top level domain names (gTLD)
Example: .com .org .edu .gov .net
Second level domain names (SLDs)
Example: www.snapdeal.com
Country code top level domain names (ccTLDs)
Example: .in .ca .us
15. Trademark & Domain name issues in
cyberspace
Registration of Trademark under TM Act, 1999
Registration of domain names through .IN Registry
How the dispute arises between TM & domain names?
Ex. ‘Parker’ as TM and creating a website in bad faith like
www.parker.com
16. Forms of infringement of Trademark
through Cyberspace
A. Cybersquatting
B. Reverse domain name hijacking/Reverse Cybersquatting
Ex. ‘Parker’ as TM and creating a website in bad faith like
www.parker.com
17. Landmark cases
Yahoo! Inc Vs. Akash Arora & others, 1999 (Delhi HC)
Tata Sons Ltd. Vs. Arno Palmen & others, 2005 (Delhi HC)
Satyam Infoway Ltd. Vs. Sifynet Solutions Pvt. Ltd., 2004
(SC)
18. Role of U.D.R.P.
Domain Name Dispute Resolution Policy.
It was launched on 1st Dec. 1999
a process established by the Internet Corporation for
Assigned Names and Numbers (ICANN) for the resolution of
disputes regarding the registration of internet domain
names.
What are the functions of U.D.R.P.?
19. Conclusion & suggestions
The IT Act is Silent upon jurisdiction issues, cyber stalking, cyber
defamation, IP Security issues etc.
Cyber security policy 2013 also failed to address upon some important
issues.
Special legislation shall be enacted for the prevention of cybersquatting
as U.S. enacted. i.e. U.S. Anti Cybersquatting Consumer Protection
Act,1999
Electronic certificate should not be mandatory under section 65 B of
Indian Evidence Act, 1872.
Need for effective investigation and proper presentation of E-evidence
in court.