IPR & Cyber Laws (April - 2014) [CBSGS - Paper Solution]

Book Code: TYBSCIT-IPR-001
May – 2019 #ISSUE – 10
Mumbai University
IPR & CYBER
LAWS

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© Mumbai B.Sc.IT Study Kamal T.
IPR and Cyber Laws
Paper Solution
 University: University of Mumbai
 Year: April – 2014
 Course: B.Sc.IT (Information Technology)
 Semester: VI
 Subject: IPR and Cyber Laws
 Syllabus: CBSGS – 60:40 Pattern
BY
Kamal Thakur
B.Sc.IT (Mumbai University)
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IPR AND CYBER LAWS
(PAPER SOLUTION)
APRIL – 2014 | CBSGS – 60:40 PATTERN
BY
KAMAL THAKUR

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Time: 2 ½ Hours Total Marks: 60
Note:
(1)All Question are Compulsory.
(2)Make Suitable Assumptions Wherever Necessary And State The Assumptions Made.
(3)Answer To The Same Question Must Be Written Together.
(4)Number To The Right Indicates Marks.
(5)Draw Neat Labeled Diagrams Wherever Necessary.
Q.1. Attempt Any Two Questions: (10 Marks) ..................................... 6
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Q.2. Attempt Any Two Questions: (10 Marks) ..................................... 8
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Q.3. Attempt Any Two Questions: (10 Marks) ................................... 11
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Q.1. Attempt Any Two Questions: (10 Marks)
Solution:
Unfair Competition:
 Unfair competition in commercial law refers to a number of areas of law involving acts by
one competition or group of competitors which harm another in the field and which may
give rise to criminal offenses and civil causes of action.
 E.g. Trademark Infringement using the coca cola trademark on a soda container
manufactured by a competitor.
 False advertising such as making false claims about a drugs abilities to promote Weight Loss.
 Unauthorized substitution of one brand of goods for another such as substituting a low cost
handbag for a designer handbag.
 Misappropriation of a trade secrets such as stealing a competitor’s soft drink formula.
 The unfair competition prevention law is directed to maintaining fair competition between
companies.
Examples of Unfair Competition include:
 Trademark Infringement: Such as using the Coca-Cola trademark on a soda container
manufactured by a competing beverage maker.
 False Advertising: Such as making false about a drug's abilities to promote weight loss.
 Unauthorized Substitution of one brand of goods for another: Such as substituting a low-
cost handbag for a designer handbag.
 Misappropriation of Trade Secrets: Such as stealing a competitor's soft drink formula.
 False representation of products or services: Such as exaggerating a software program's
spellcheck capabilities.
Solution:
Intellectual Property Rights:
• Intellectual Property (IP) refers to creations of the mind, such as inventions, literary and
artistic works, designs, and symbols, names and images used in commerce.
• Intellectual Property Rights are like any other property right.
• They allow creators, or owners, of patents, trademarks or copyrighted works to benefit from
their own work or investment in a creation.
Tools of Intellectual Property Rights are:
• Patent: A Patent is an exclusive right granted for an invention - a product or process that
provides a new way of doing something, or that offers a new technical solution to a problem.
A patent provides patent owners with protection for their inventions.
• Trademark: A Trademark is a distinctive sign that identifies certain goods or services
produced or provided by an individual or a company. Trademarks may be one or
combination of words, letters and numerals. They may consist of drawings, symbols or three
dimensional signs such as shape and packaging of goods. In some countries, non-traditional

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marks may be registered for distinguishing features such as holograms, motion, color and
Non-Visible signs (sound, smell or taste).
• Copyright: Copyright laws grant authors, artists and other creators protection for their
literary and artistic creations, generally referred to as "works". Copyright covers literary
works (such as novels, poems and plays), films, music, artistic works (e.g. drawings,
paintings, photographs and sculptures) and architectural design.
• Geographical Indication: A Geographical Indication is a sign used on goods that have a
Specific Geographical Origin and possess qualities or a reputation due to that place of origin.
Most commonly, a Geographical Indication consists of the name of the place of origin of the
goods.
• Industrial Design: An Industrial Design refers to the ornamental or aesthetic aspects of an
article. A design may consist of three-dimensional features, such as the shape or surface of
an article, or two-dimensional features, such as patterns, lines or color.
Solution:
Basic Principles of Design Rights:
The basic principles of design rights are as follows:
• The rights of exclusive use of design is registered under the Designs Act 2000.
• This Act is enforced from the date of registration.
• If the Design Act has been registered, it can be further extended from the original period
of registration.
• Right to protect the design from piracy which causes infringement.
• Any person responsible for infringing a registered design and found guilty is liable to a fine
of rupees not exceeding 25000.
• The registered owner has the right to file a suite for recovery of damages so that his
reputation does not get affected and he can recover this by getting an amount not
exceeding Rs. 50000.
• The registration of design includes the provisions of section 20 of Design Act 2000, which
includes that the government can use certain design under various circumstances when the
article is not made available to the public at reasonable prices.
• Section 11 of Designs Act 2000 provides the term for registration which may be extended
to further 5 years till a maximum period of 15 years.
Solution:
Method of Drafting Patent Specification:
The specification, which is also called the disclosure, is a written description of an invention. The
patent specification is drafted both to satisfy the written requirements for patentability, as well
as to define the scope of the claims. The layout of a specification varies from place to place.
Drafting method through a layout and it contains the following elements:
1. Title:

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The title describes the essence of the invention in a few words. The title: must relate to and
broadly describe the invention (e.g. “A waterproof zip-fastener") should not include acronyms,
statements of quality, trademarks, fancy names, the word “patent” or personal names.
2. Description:
The description makes up the majority of the specification. It explains the invention and how to
put it into practice. The description may include the following headings:
• Technical Field: The description usually begins with a brief statement identifying the
technical field of the invention. For example, "The invention relates to … and is suitable for
[activity or purpose]."
• Background of the invention (optional): We can include some background information
describing what is known (i.e. the most pertinent prior art), mention if our invention
attempts to solve any particular problems and include objectives for the invention.
• Statement of Invention: This section summarizes the essential and preferred features of the
invention. It sets out the scope of the invention and should be equivalent to the main claims
of your specification or, in the case of a provisional specification, claims you intend using for
any subsequent complete specification.
• Detailed description of the invention: The final part of the description describes the
technical aspects of the invention in detail, explaining how to construct and use examples
of the invention or how the inventive process can be carried out. Graphs, flowcharts, tables,
experimental data and drawings can be included.
3. Claims:
Patent claims define the protective boundaries of the invention (the "scope of monopoly").
Claims must be clear, supported by the description, and list all of the essential features of the
invention.
NOTE:
• Complete specifications must end with at least one claim.
• Each claim should be written as one sentence.
• A claim can be independent or dependent on an earlier claim(s).
• Generally, claims begin with the broadest claim and progress to narrower claims.
• Claims should not contain laudatory statements like "it is cheaper" OR "it is the best way of
doing it that I have seen".
• The claims are usually presented on a separate page or pages, under the heading "What
I/We Claim Is:". The page numbering follows on from the description.
Solution:
Semiconductors:

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A Semiconductors integrated circuit is a product having transistors and other circuitry elements,
which are inseparably formed on a Semiconductor material or an insulating material or inside
the Semiconductor material and designed to perform an electronic circuitry function.
Need for Protection of IC Designs:
Product Life Cycles in many industries are shortening. The length of time and amount of
investment required, to obtain intellectual property rights, especially patents, can be
disproportionate to the life of such product. Requirements such as the need to mark products
with "patent pending" also become impracticable when products have short life cycles and use
many different technologies subject to different patents, especially when these products are
miniaturized.
Semiconductors Integrated Circuits Layout Design:
The Semiconductor Integrated Circuits Layout Design Act, 2000, provides protection for
Semiconductors IC Layout Designs. SICLD Act is a sui-generis (one of its kind) specifically meant
for protecting IPR relating to Layout-Design (Topographies) of Semiconductors Integrated
Circuit.
The subject of Semiconductors Integrated Circuits Layout Design has two parts, namely:
(1) Semiconductors Integrated Circuit: Semiconductors Integrated Circuit means a product
having transistors and other circuitry elements, which are inseparably formed on a
Semiconductors material or an insulating material or inside the Semiconductors material
and designed to perform an electronic circuitry function.
(2) Layout-Design: The Layout-Design of a Semiconductors Integrated Circuit means a Layout
of transistors and other circuitry elements and includes lead wires connecting such
elements and expressed in any manner in semiconductor integrated circuits.
Criteria for Registration of a Chip Layout Design:
• Original,
• Distinctive and
• Capable of distinguishing from any other layout design.
NOTE:
"Only the Layout-Design" - which essentially is the mask layout- floor planning of the integrated
circuits can be registered under the SICLD Act 2000 and not the other information like any idea,
procedure, process, system, programme stored in the integrated circuit, method of operation
etc.
Layout-designs are prohibited from registration under the Act if they are as follows:
• Not original;
• Have been commercially exploited anywhere in India or in a Convention country i.e. any
country that the Government of India notifies in the Official Gazette for the fulfillment of a
treaty, convention or an arrangement with any country outside India and which affords to
citizens of India similar privileges as are granted to its own citizens.
• Not inherently distinctive.

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• Not inherently capable of being distinguishable from any other registered layout-design.
Term of Protection: This registration is valid for a term of ten years from the date of filing an
application for registration or from the date of first commercial exploitation anywhere in the
world, whichever is earlier.
Solution:
US Safe Harbour Principles:
US-EU Safe Harbor is a streamlined process for US Companies to comply with the EU Directive
95/46/EC on the protection of personal data.
Intended for organizations within the EU or US that store customer data, the Safe Harbour
Principles are designed to prevent accidental information disclosure or loss. US Companies can
option into the program as long as they adhere to the seven principles outlined in the Directive.
The process was developed by the US Department of Commerce in consultation with the EU.
Principles:
These principles must provide:
 Notice: Individuals must be informed that their data is being collected and about how it will
be used.
 Choice: Individuals must have the ability to option of the collection and forward transfer of
the data to third parties.
 Onward Transfer: Transfers of data to third parties may only occur to the other
organizations that follow adequate data protection principles.
 Security: Reasonable efforts must be made to prevent loss of collected information.
 Data Integrity: Data must be relevant and reliable for the purpose it was collected for.
 Access: Individuals must be able to access information held about them, and correct or
delete it if it is inaccurate.
 Enforcement: There must be effective means of enforcing these rules.
Solution:
Computer Software as Intellectual Property:
• In India, the Intellectual Property Rights (IPR) of computer software is covered under the
Copyright Law. Accordingly, the copyright of computer software is protect
• Under the provisions of Indian Copyright Act 1957.
• Major changes to Indian Copyright Law were introduced in 1994 and came into effect from
10 May 1995. These changes or amendments made the Indian Copyright law one of the
toughest in the world.
Its Protection:

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• Since most software is easy to duplicate, and the copy is usually as good as original, the
Copyright Act was needed.
• Some of the key aspects of the law are:
• According to section 14 of this Act, it is illegal to make or distribute copies of copyrighted
software without proper or specific authorization.
• The violator can be tried under both civil and criminal law.
• A civil and criminal action may be instituted for injunction, actual damages (including
violator's profits) or statutory damages per infringement etc.
• Heavy punishment and fines for infringement of software copyright.
• Section 63 B stipulates a minimum jail term of 7 days, which can be extended up to 3 years.
Solution:
Illustrate Defences with respect to Computer Software as Intellectual Property
In India, the Intellectual Property Rights of Computer Software is covered under the copyright
law, accordingly, the copyright of computer software is protected under the provisions of Indian
Copyright Act 1959. Major changes to Indian Copyright Law were introduced in 1994 and came
into effect from 10 may 1995. These changes or amendments made the Indian Copyright Law
one of the toughest in the world.
Copyright Law clearly explained:
• The rights of a copyright holder.
• Position on rentals of software.
• The rights of the user to make backup copies.
Defenses can be:
(1) Expiry
(2) Invalidity
(3) Limited scope of Patent Claims
(4) Private, Non-Commercial use
(5) Experimental Purpose
(6) Innocent Infringement
(7) Previous Use
Solution:
Rights of a Patentee are enforced:
The right to exploit the Patent:

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Section 48 confers the right to exploit the patent on the patents or his licenser or his assignee
or his agent when such a right is exercised within the conditions imposed by section 67 of the
Act.
Right to License:
Section 70 of the act confers, inter alia, the right on a grantee or proprietor of a patent to grant
license.
Right to Assign:
Section 70 also confers on the patents the right to fully or partially assign his patent to another
or others.
Right to Surrender the Patent:
A patents is not under an obligations to maintain his monopoly right on the patent for the entire
term of the patent.
Right to sue for Infringement:
The exclusive right conferred by a patent can be meaningful and lasting only when the statue
confers a right on the patents to take legal action for protection of his patent rights.
Duties of a Patentee
The patentee is duty-bound to ensure that the monopoly right created by a patent is not used
unfairly and does not prejudicial to the public interest. The responsibility of the patentee to
work the patent in India in such a manner is that the reasonable requirements of the public with
respect to patented invention are satisfied and the patented product is available in the market
in appropriate quantity and reasonable price.
The failure of the patentee to discharge his duties would result in denial of patent rights by
Government granting compulsory licenses of rights on the patent.
Section 122 of the Act provides that refusal or failure to furnish any information to the central
government or the controller shall be punishable with fine which may extend to ten lakh rupees.
An overzealous patentee who threatens another by making unjustifiable threats of an action for
infringement is restrained from doing so. To court, under provisions of section 106, may grant
relief in cases of groundless threats of infringement proceeding to such a threatened party.
Solution:
Types of Assignment:
There can be 3 kinds of Assignments as listed below:
(1) Legal Assignment
(2) Equitable Assignment
(3) Mortgage Assignment

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1. Legal Assignment:
• An Assignment of an existing patent through an agreement which has been duly registered
is a Legal Assignment.
• A Legal Assignee has the right to have his name entered in the Register of patents
maintained in the Controller’s Office as proprietor of the patent and can thereafter exercise
all the rights conferred on him by the proprietor of patent.
2. Equitable Assignment:
• Any document such as letter not being an agreement, which is duly registered with
Controller in which patentee agrees to give another person certain defined right in the
patent with immediate effect, is an Equitable Assignment.
• An Assignee in such a case cannot have his name entered in the Register as the proprietor
of patent.
• He can only have a notice of his interest entered in the register.
• He can convert the Equitable Assignment to Legal Assignment by getting a written
Agreement to this effect and having it Duly Registered.
3. Mortgage:
• A Mortgage is also a form of Assignment.
• A Mortgage is a document transferring the Patent Rights either wholly or partly to the
Mortgagee with a view to secure the payment of a specified sum of money.
• The Mortgagor (patentee) is entitled to have the patent re-transferred to him on refund of
the money to the Mortgagee.
• The Mortgagee (a person in whose favor a mortgage is made) is not entitled to have his
name entered in the Register as the proprietor, but he can get his name entered in the
Register as a Mortgagee.
Solution:
Protection of Goodwill:
• Many country protect unregistered well known marks in accordance to international
obligations.
• Not only big company but also small scale enterprises have a good chance of establishing
goodwill with customers so that their trademarks are well recognized and well known that
acquires protection without registration, however it is important to register your
trademark, if not the reputation of trademark can be weekend by unauthorized use of that
mark by others.
• Every trademark user should be aware of the facts that are related to a number of
trademarks.
Trademark are registered and protected user the following conditions:
• The goods and services for which the marks is used and is not identified or similar to the
goods for which the well-known mark is being used.

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• The use of another mark indicates a connection between these goods and the owner of
well-known Trademark.
• The user of the owner of the Trademark where his interest are likely to be damaged by such
use.
Solution:
Infringement:
Infringement of a trade mark occurs if a person other than the registered proprietor in the
course of trade, in relation to the same goods or services for which the mark is registered, uses
the same mark or a deceptively similar mark.
Essentials Of Infringement:
• The taking of any essential feature of the mark or taking the whole of the mark and then
making a few additions and alterations would constitute infringement.
• The infringing mark must be used in the course of trade, i.e., in a regular trade wherein the
proprietor of the mark is engaged.
• The use of the infringing mark must be printed or usual representation of the mark in
advertisements, invoices or bills. Any oral use of the trade mark is not infringement.
• Any or all of the above acts would constitute infringement if the same is done in such
manner as to sender the use of the mark likely to be taken as being used as a Trademark.
Solution:
General Obligations for enforcement of Intellectual Property Rights
(1) Member countries shall ensure that enforcement procedures are available under their
national law so as to permit effective action against any act of infringement of IPR covered
under TRIPS Agreement.
(2) Producers concerning the enforcement of IPR shall be fair and equitable.
(3) Decisions on the merits of a case shall preferably in writing and reasons and shall be base
only on evidence.
(4) Parties to the preceding shall have an opportunity for review by a judicial authority of final
decision or if at least the legal aspects of initial judicial decision on the merits of a case.
Solution:
Technology Licensing

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By a Technology Licensing Agreement the licensor authorizes the licensee to use the technology
under certain agreed terms and conditions. It is, therefore, a contract freely entered into
between two parties and contains and conditions so agreed.
Through Technology Licensing Agreement, it is possible to:
• Improving the quality of your product or manufacturing a new product by using the rights
owned by others in the form of parent, utility model, or known-how protected by a trade
secret, then acquiring such right through a technology licensing agreement may be the right
solution, or
• Entering a market or extending your existing market for a product for which you SME owns
the rights to a patent, utility model or known-how protected by a trade secret, then
authorizing another to use your process or product through a technology licensing
agreement may be the right solution.
Solution:
Criminal Remedies:
• The judicial authorities have the authority to order the infringer to pay the right holder in
form of compensation as damages have been occurred.
• In case of infringing cases if the right holder has suffered huge losses then the infringer not
only pays the fine but also is put in Jail for few years as per the judicial authorities.
• In order to create and provide effective decisions the judicial authorities shall order for the
goods that are found to be infringed.
• In case of 3rd
parties involved the judicial authorities take decision based on the interest of
these parties.
• In case of criminal procedures imprisonment and monetary fines need to be paid as a
penalty related to infringement cases of IPR particularly on commercial basis.
Solution:
Border Security Measures
The recognition of the need to protect of intellectual property with regard to counterfeit
trademark and pirated copyrighted goods, the enforcement of intellectual property rights at the
borders has emerged as a significant issue in recent times.
Border Measures under TRIPS:
India is a signatory to the WTO Treaty on Trade Related Aspects of Intellectual Property Rights
(TRIPS), which was bought into force on 1st
January, 1995. Articles 51 to 60 of TRIPS Agreement
[Annex 1C of the Marrakesh Agreement Establishing the World Trade Organization] relate to
border measures (i.e. measures required to be taken for providing protection against
infringement of IPRs at the border).

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Under Articles 51 to 60 of the TRIPS Agreement, a WTO member is obliged to enact laws to fulfill
obligations relating to border measures by incorporating the following provisions, so far as
enforcement of IPRs at Border is connected.
 Suspension of Release: A provision, which allows a right holder to lodge an application with
customs to suspend release of suspected counterfeit goods.
 Application: Describes the conditions for making an application, Prima facie evidence of
infringement and a sufficiently detailed description of the goods.
 Security of Equivalent Assurance: Security to prevent abuse of the system by person making
the allegation of infringement.
 Notice of Suspension: Prompt notification by Customs to the rights holder of suspension.
 Duration of Suspension: 10 working days after the applicant has been served notice of the
suspension; time period for Right Holder to commerce legal proceedings.
 Indemnification of the Importer and of the Owner of the Goods: The applicant is liable to
pay compensation to the importer, the consignee and owner, compensation in case of
wrongful detention of goods.
 Right of Inspection and Information: The right holder, is given sufficient information and the
right to inspect detained goods, in order to substantiate the claim.
 Ex Officio Action: Optional provision, which allows Customs to act upon their own initiative,
without an application being required, in order to suspend clearance of goods. {Ex Officio
may have two distinct: (1). Customs intercepting a shipment on their own information, after
the right holder has already the recordal of their IPR. (2) Customs intercepting a shipment
on their own information, even if the right holder has not completed recordal}.
 Remedies: Order destruction of infringing goods. Re-exportation not allowed.
 De Minimus Imports: Small non-commercial consignments may be excluded.
While the mandatory obligations under Articles 51 to 60 of the TRIPS Agreement dealing with
border measures are restricted to Copyright and Trade Marks infringement only, the IPR
(imported goods) enforcement Rules, 2007 deal with Patents, Designs and Geographical
Indications violations as well, in conformity with the practice prevailing in some other countries,
notably EU countries.
Solution:
Role and Function of Certifying Authorities:
• Certificate Authority (CA) is a trusted entity that issues Digital Certificates and public-private
key pairs. The role of the Certificate Authority (CA) is to guarantee that the individual
granted the unique certificate in fact who he or she claims to be.
• The Certificate Authority (CA) verifies that the owner of the certificate is who he says he is.
A Certificate Authority (CA) can be a trusted third party which is responsible for physically
verifying the legitimacy of the identity of an individual or organization before issuing a digital
certificate.

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• A Certificate Authority (CA) can be an external (public) Certificate Authority (CA) like
Verisign, Thawte or Comodo, or an internal (private) Certificate Authority (CA) configured
inside our network.
• A Certificate Authority (CA) is a critical security service in a network.
• Certificate Authority (CA) verifies the identity: The Certificate Authority (CA) must validate
the identity of the entity who requested a Digital Certificate before issuing it.
• Certificate Authority (CA) issues Digital Certificates: Once the validation process is over, the
Certificate Authority (CA) issues the Digital Certificate to the entity who requested it. Digital
Certificates can be used for encryption (Example: Encrypting Web Traffic), Code Signing,
Authentication, etc.
• Certificate Authority (CA) maintains Certificate Revocation List (CRL): The Certificate
Authority (CA) maintains Certificate Revocation List (CRL). A Certificate Revocation List (CRL)
is a list of Digital Certificates which are no longer valid have been revoked and therefore
should not relied by anyone.
Solution:
Cybercrime
Cybercrime is a generic term that refers to all criminal activities done using the medium of
Computers, The Internet, Cyber Space and the Worldwide Web.
Examples of Cybercrimes:
• Harassment via E-Mails: It is very common type of harassment through sending letters,
attachments of files & folders i.e. via e-mails. At present harassment is common as usage of
social sites i.e. Facebook, Twitter, etc. increasing day by day.
• Cyber-Stalking: It means expressed or implied a physical threat that creates fear through
the use to computer technology such as Internet, E-Mail, Phones, Text Messages, Webcam,
Websites or Videos.
• Hacking: It means unauthorized control/access over Computer System and act of hacking
completely destroys the whole data as well as computer Programmes. Hackers usually hacks
Telecommunication and Mobile Network.
• Cracking: It is amongst the gravest Cybercrimes known till date. It is a dreadful feeling to
know that a stranger has broken into your computer systems without your knowledge and
consent and has tampered with precious confidential data and information.
• E-Mail Spoofing: A spoofed e-mail may be said to be one, which misrepresents its origin. It
shows it’s origin to be different from which actually it originates.
• Cyber Squatting: It means where two persons claim for the same Domain Name either by
claiming that they had registered the name first on by right of using it before the other or
using something similar to that previously. For example two similar names, i.e.
www.yahoo.com and www.yaahoo.com.

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Solution:
Privacy
Amongst the personal rights which a Citizen in a Democracy enjoys, “Right to Privacy” and “Right
to Freedom of Speech” are the very important. These rights are the foundation of democracy.
In the context of the Cyber Space, the civilized world expects that a similar rights is available for
the Netizens also.
Apart from the individual’s sensitivity for some of his personal information, privacy is also
important to prevent unscrupulous persons from using the information to commit frauds or
other crimes.
Issues for Data and Software
Privacy may be trusted in two manners that is in case of data or software and online or offline.
Data:
Data can be risk whether or not it has been published. Publishing means uploading user
creations on the internet, it can be easily copied in matters of seconds. Hence online data may
be copied and republished without your knowledge.
Software:
One way to ensure privacy is by installing a privacy software on the computer. Privacy software
is usually of two types, one that prevents your IP address to be visible, when you are surfing the
internet.
Solution:
Scopes of Cyber Laws:
E-Commerce Law:
E-Commerce defined simply, is the commercial transaction of services in an electronic format.
Any duplicate involving any E-Commerce activity, whether at buyer or seller’s end, would mean
dispute happening in the Cyberspace.
Online Contracts:
Online Contracts represent the formation of series of contractual obligations in an online
environment. From a legal perspective, an online contract follows the same pre-requisite as
being followed in offline (physical) contract.
Copyright:
Copyright protects “original works of authorship” that are fixed in any tangible medium of
expression from which they can be perceived, reproduced, or otherwise communicated either
directly or with the aid of a machine or device.

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Business Software Patenting:
With the advent of worldwide web and e-commerce coming of age, the debate of software
patenting acquired a new platform in the form o 'business software patents'.
Big E-Commerce etailers, like Amazon, Priceline and Ebay are going for patenting the backend
software technologies of their front-end operations.
E-Governance:
E-Governance is a kind of “Window of Opportunity" facilitating a much faster, convenient,
transparent and dynamic interaction between the government and its people.
Cyber Crimes:
Cybercrime is a collective term encompassing both "Cyber Contraventions" and "Cyber
Offences".
Electronic Signatures:
Electronic Signatures are used to authenticate records. Digital Signatures are one type of
Electronic Signature.
Data Protection and Privacy:
Data Protection and Privacy laws aim to achieve a fair balance between the privacy right of the
individual and the interests of data controllers such as banks, hospitals, email service providers
etc.
Solution:
Duties of the Subscriber of Digital Signature Certificate:
Generating Key Pair:
Where any Digital Signature Certificate, the public key of which corresponds to the private key
of that subscriber which is to be listed in the Digital Signature Certificate has been accepted by
a subscriber, then, the subscriber shall generate the key pair by applying the security procedure.
Acceptance of Digital Signature Certificate:
(1) A subscriber shall be deemed to have accepted a Digital Signature if he publishes or
authorize the publication of a Digital Signature Certificate:
(a) To one or more persons.
(b) In a repository, or otherwise demonstrates his approval of the Digital Signature
Certificate in any manner.
(2) By accepting a Digital Signature Certificate the subscriber to all who reasonably rely on the
information contained in the Digital Signature Certificate that:
(a) The subscriber holds the private key corresponding to the public key listed in the
Digital Signature Certificate and is entitled to hold the same;

20
(b) All representation made by the subscriber to the Certifying Authority and all material
relevant to the information contained in the Digital Signature Certificate are true.
(c) All information in the Digital Signature Certificate that is within the knowledge of the
subscriber is true.
Control Of Private Key:
(1) Every subscriber shall exercise reasonable care to retain control of the private key
corresponding to the public key listed in his Digital Signature Certificate and take all steps
to prevent its disclosure to a person not authorized to affix the Digital Signature of the
Subscriber.
(2) If the private key corresponding to the public key listed in the Digital Signature Certificate
has been compromised, then, the subscriber shall communicate the same without any
delay to the Certifying Authority in such manner as may be specified by the regulations.
Explanation:
For the removal of doubts, it is hereby declared that the subscriber shall be liable till he has
informed the Certifying Authority that the private key has been compromised.
Solution:
Cyber Appellate Tribunal:
The Cyber Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil
Procedure, 1908 but shall be guided by the principles of natural justice and, subject to the other
provisions of this Act and of any rules, the Cyber Appellate Tribunal shall have powers to regulate
its own procedure including the place at which it shall have its sitting.
Procedure and Powers of Cyber Appellate Tribunal:
The Cyber Appellate Tribunal shall have, for the purposes of discharging its functions under this
Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while
trying a suit, in respect of the following matters, namely –
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) Requiring the discovery and production of documents or other electronic records;
(c) Receiving evidence on affidavits;
(d) Issuing commissions for the examination of witnesses of documents;
(e) Reviewing its decisions;
(f) Dismissing an application for default or deciding it ex parte;
(g) Any other matter which may be prescribed.
Every proceeding before the Cyber Appellate Tribunal shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of
the Indian Penal Code and the Cyber Appellate Tribunal shall be deemed to be a civil court for
the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

21
Solution:
Chapter 5 of IT Act, 2000
Secure Electronic Record:
• Where any security procedure has been applied to an electronic record at a specific point
of time.
• Then such record shall be deemed to be a secure electronic record from such point of time
to the time of verification.
Secure Digital Signature:
If, by application of a security procedure agreed to by the parties concerned, it can be verified
that a Digital Signature, at the time it was affixed, was –
• Unique to the subscriber affixing it.
• Capable of identifying such subscriber.
• Created in a manner or using a means under the exclusive control of the subscriber and is
linked to the electronic record to which it relates in such a manner that if the electronic
record was altered the digital signature would be invalidated then such digital signature
shall be deemed to be a secure digital signature.
Security Procedure:
The Central Government shall for the purposes of this Act prescribe the security procedure
having regard to commercial circumstances prevailing at the time when the procedure was used,
including –
• The nature of the transaction.
• The level of sophistication of the parties with reference to their technological capacity.
• The volume of similar transactions engaged in by other parties.
• The availability of alternatives offered to but rejected by any party.
• The cost of alternative procedures, and
• The procedures in general use for similar types of transactions or communications.
Solution:
Chapter 4 of IT Act, 2000
Section 11: Attribution of Electronic Records
An electronic record shall be attributed to the originator.
(a) If it was sent by the originator.
(b) By a person who had the authority to act on behalf of the originator in respect of that
electronic record.
(c) By an information system programmed by or on behalf of the originator to operate
automatically.

22
Section 12: Acknowledgement of Electronic Records
Acknowledgement of receipt where the originator has not stipulated that the acknowledgement
of electronic record be given in a particular form or by a particular method, an
acknowledgement.
(a) Any communication by the addressee, automated or otherwise.
(b) Any conduct of addressee, sufficient to indicate to the originator that the electronic
has been received.
Section 13: Dispatch of Electronic Records
Time and place of dispatch and receipt of electronic record. Same as otherwise agreed to
between the originator and the addressee, the dispatch of an electronic record occurs when it
enters a computer resource outside the control of the originator.
***

IPR & Cyber Laws (April - 2014) [CBSGS - Paper Solution]

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IPR & Cyber Laws (April - 2014) [CBSGS - Paper Solution]