IPR & Cyber Laws (October - 2015) [CBSGS - Paper Solution]

Book Code: TYBSCIT-IPR-004
May – 2019 #ISSUE – 13
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: October – 2015
 Course: B.Sc.IT (Information Technology)
 Semester: VI
 Subject: IPR and Cyber Laws
 Syllabus: CBSGS – 75:25 Pattern
BY
Kamal Thakur
B.Sc.IT (Mumbai University)
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IPR AND CYBER LAWS
(PAPER SOLUTION)
OCTOBER – 2015 | CBSGS – 75:25 PATTERN
BY
KAMAL THAKUR

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Time: 2 ½ Hours Total Marks: 75
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) ................................... 10
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Q.7. Attempt Any Three Questions: (15 Marks)................................ 19
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Q.1. Attempt Any Two Questions: (10 Marks)
Solution:
Basic Principles of Patent Law:
To be patentable, the invention must be new product or process, useful and capable of industrial
application. Another feature of an invention to be granted patent is that it should involve
technical advance as compared to the existing knowledge or have economic significance or both.
The invention must be non-obvious to a person possessed of average skill in the act. What is
obvious to a person skilled in the act cannot be patented. For instance, an invention in carpentry
may be non-obvious to a lay man but it may be obvious to a carpenter of average skill “Capable
of Industrial Application” means that the invention is capable of being made or used in an
industry.
Therefore, for getting a patent, these must be an “invention” and that to must be patentable.
i.e.
(1) It must be novel
(2) It must involve an inventive step.
(3) It must be capable of industrial application.
(4) It must be fall within any of categories of subject matter specifically excluded or made
subject to exception.
Solution:
Patent Application Procedure:
Procedure for obtaining a patent consists of two following four steps:
(1) Submission of Application
Patent application can be made:
• By any person claiming to be tree and first inventor of the invention.
• By any person to be true and first inventor of the invention.
• By the legal representative of any diseased person, who immediately before his death
was entitled to make such an application?
(2) Publication and Examination of Application
All the applications for patent accompanied by complete specification are examined. A
first examination report slating. The objections is communicated to the applicant or his
agent. Application or complete specification may be amended in order to meet the
objection. Normally all the objections must be met within 15 months from the date of first
examination report a 3 month extension is granted provided the application from the
extension is made before the expiry of 15 months. If all the objections are not compiled
within normal period.
(3) Opposition to grant to the Applicant

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Any person can oppose the grant of patent initiating opposition preceding and the
opponent has the right of audiences in such a procedure, prior to the grant of patent.
(4) Grant and Sealing by Patent
If the application for a patent is found to be suitable for acceptance and if it has not been
refused by the controller and if it not been found to be in contravention of any of the
provisions of the act.
Solution:
Basic Principles of Trademark
A trademark is a sign that individualizes the good or services of a given enterprise and
distinguishes them from its competitors.
Principles:
(1) Since the registration confers on the proprietor a kind of monopoly right over the use of
the mark, which consists of a word or a symbol legitimately require by other traders for
Bonafide Trading or Business purpose, certain restrictions are necessary on the class of the
words or symbols over which such monopoly right may be granted.
(2) Registrations of a trademark must not interfere with the Bonafide use by any person of his
own name or that of his business, or the use of any Bonafide description of the character
or quality of goods.
(3) Property rights in a trademark acquired by use are superior to similar rights obtained by
registration under the enactment.
(4) There are two main interests to be protected when a mark is presented for registration.
There is first interest of the public. A trademark ought not to be registered if its use will be
option to mislead the public as to the origin of the goods as they are purchasing.
(5) It may so happen that a trader honestly used a trademark for a number of years although
an identical or similar mark has been registered or used by another.
(6) Broadly, the life of a trademark depends upon its use and continued non-used may lead to
its eventual death.
Solution:
Main Features of Copyright Act of 1957
(1) Creation of copyright office and a copyright board to facilitate registration of copyright and
to settle certain binds of a disputes arising under the act and for compulsory licensing of
copyright.
(2) Definition of various categories of work in which copyright sublists and the scope of the
rights conferred on the author under the act.
(3) Provisions to determine the first ownership of copyright in various categories of works.
(4) Term of copyright for different categories.

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(5) Provisions relating to assignment of ownership and licensing including compulsory
licensing.
(6) Provision relating to performing rights.
(7) Broadcasting rights.
(8) International copyright.
(9) Exception to the exclusive rights conferred on the author or acts, which do not constitute
infringement.
Solution:
Protection of Copyrights:
• Copyright protects original works of authorship fixed in any tangible medium of expression.
• Rights in ideas are not protected by copyright. Copyright protects only the actual
“expression” of ideas.
• Under the current copyright law, it is not necessary for a work to be published in order to
be protected by copyright.
• It is not necessary for a work to be registered with the US Copyright office to be protected,
though copyright registration offers valuable benefits.
• For public policy purposes, the copyright law includes exceptions to the exclusive rights of
the copyright owner. These exceptions includes:
(1) Fair use
(2) Archival Exception
(3) First sale Doctrine
(4) Compulsory Mechanical Licenses
(5) Special provisions regulating to public broadcasting
Categories of work protected by the copyrights:
• Literacy works
• Musical work
• Sound Recordings
Solution:
Concept of Semi-Conductors
A semiconductor 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:

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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. Requirement 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.
Semiconductor Integrated Circuits Layout Design:
The semiconductor Integrated Circuits Layout Design Act, 2000, provides protection for
semiconductor IC Layout Designs. SICLD Act is a sui-generis (one of its kind) specifically meant
for protecting IPR relating to Layout-Design (Topographies) of Semiconductor Integrated Circuit.
The subject of Semiconductor Integrated Circuits Layout Design has two parts, namely:
(1) Semiconductor Integrated Circuit: Semiconductor Integrated Circuit means 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.
(2) Layout-Design: The Layout-Design of a Semiconductor 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 distinguish 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 its own citizens;
• Not inherently distinctive;
• 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 anywhere in the world, whichever is earlier.

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Solution:
Jurisdictional Issues in Domain Name Protection:
• Domain names relate to intellectual property issues connected with the Internet Domain
Name System (DNS).
• Although not currently classified as form of Intellectual Property, domain names works as
identities in a manner similar to Trademarks.
• The original role of a domain name was to provide an address for computers on the internet.
• Domain names are managed by the private sector and gives rise registration that result in a
global presence accessible from anywhere in the world.
• The tension has been heightened by certain practices that involve persons abusively
registering as Domain Names Distinctive Signs, especially trademarks, with a view of
subsequently selling the domain names to the owners of the identifies or simply taking
unfair advantage of the goodwill associated with them.
• Sequel to the above resolve Domain Name Disputes, most significant stop has been the
formulation of Uniform Domain Name Dispute Resolution Policy (UDRP).
• It allows a complainant to request on the grounds that is identical or confusingly similar to
a trademark in which he/she holds rights, the owners of the domain name has no rights or
legitimate interests in it and the domain name has been registered and is being used in bad
faith.
Solution:
Disputes Under Intellectual Property Rights:
 While designed to serve the function of enabling users to locate computers in an easy
manner, domain names have acquired a further significance as business identifies and as
such have come into conflict with the system of business identifies that existed before the
arrival of the internet and that are protected by intellectual property rights.
 Domain name disputes arise largely from the practice of cyber-squatting which involves the
pre-emptive registration of trademarks by third parties as Domain Names.
 Cyber squatter exploit the first come, first served nature of the domain name and
registration system to register name of trademarks famous or business with which they have
to connect.
 Since registration of domain names is relatively simple, cyber squatter can register
numerous examples of such names as domain names.
 As a holder of these registration cyber squatter often then put the domain names up for
auction, or often them for sale directly to the company or person involved.
Solution:

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Rights of a Patentee are enforced:
The right to exploit the Patent:
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:
Defenses available in case of Infringement of Patents:
The defendant may set up one or more of the following:
(1) That the plaintiff is not entitled to sue for infringement.

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(2) That there has been no infringement or any threat or intention to infringe.
(3) That there was leave or license, express or implied, to use the invention.
(4) That the claims alleged to be infringed are invalid on grounds.
(5) At the time of infringement there existed a constant regulating to the patent containing a
condition.
(6) Act complained of falls within the scope of innocent infringement, that is the defendant
was unaware of the existence of the patent when the alleged act of the infringement
occurred.
(7) Acts complained of are in accordance with conditions specified in section 47. It provides
that in certain circumstances the invention can be used by government.
(8) That the alleged use is for research or instruction of pupil(s). However, convincing evidence
of such use has to be furnished by government.
Solution:
Copyright is Protection in form & not in idea
 Copyright is a bundle of exclusive rights granted by law to the creators of literacy, dramatic,
musical and artistic works and the producers of cinematography films, sound recordings and
computer software to do or authorized the doing of certain acts with the regard to them
creations. It is kind of protection against unauthorized use of a work.
 Copyright is usually defined as the legal rights granted to an author composer, playwright,
publisher or distributer to exclusive publication, production, distribution or a literacy,
musical, dramatic or artistic or original commercial design work.
 A person may have a brilliant idea for a story or for a picture but if he communicates that
idea to an artistic or play writer then the production which is the result of the
communication of the idea is the copyright of a person who has clothed the idea in a form.
 Since there is no copyright in idea or information, it is no infringement of copyright to adopt
the ideas of another or to publish information derived from another provided them is no
copying of the language in which those ideas have or that information has been embodied.
Solution:
Defences available in case of Infringement of Trademarks:
The defendant may set up and of the following offenses:
(1) The plaintiff in the suit has no title to sue questioning the proprietorship of the trademark
owner may do this.
(2) That the use of the mark by the defendant is not an infringement or is protected by the
provisions of section 30 which lists out the acts which do not constitute infringement.
(3) That the defendants right to use contested mark issues by virtue of concurrent
registration.
(4) That the defendant is the prior user of the disputed mark.
(5) That the defendant has been an honest concurrent user.

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(6) That the use complained of is merely the defendants Bonafide use of his owner name,
address and description of goods which are protected by the act.
(7) That the defendant can attack the validity of registration of the plaintiff.
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:
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:
Pros of IP Licensing:
Licensing is a part of the overall business strategy, but it is associated with advantages and
disadvantages both for the licenser and licensee. To the licensor, in addition to onetime
payment, he may get regular payment on the ongoing sales by way of license fees and royalties.
In case the owner does not have the money or resources to use or commercialize his inventions
or IPR, he may transfer the licensing rights to someone who is willing to commercialize his

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inventions or IPR, he may transfer the licensing rights to someone who is willing to
commercialize and market the product.
• For the licensee the greatest advantage is that he need not have to spend money and time
in the rigorous process of R & D. This is a cost effective process to get in to market with new
product at a greater speed.
• The new technology will help the licenses to enhance his reputation and goodwill in the
market.
Solution:
Concept Behind Border Security Measure:
As a part of TRIPS Agreement, section 4 of TRIPS specifies the special requirements for “Border
Security Measures”.
• Suspension of Release: Members shall adopt procedures to enable right holders to apply
for suspension of release of goods by customs into free circulation when valid grounds for
suspecting the importation of counter fict trademark.
• Application: Right holder id required to furnish evidence establishing primer facts case of
infringement to the competent authorities and also required to furnish detail description of
the goods.
• Security: The applicant would be required to provide security.
• Notice: Important and the right holders would be promptly notified about the suspense.
• Duration of Suspension: It customs authorities not informed within 1 working days after
receipt of notice of suspension of initiation.
Solution:
Cyber Jurisprudence:
• The primary source of cyber law in India is the Information Technology Act, 2000 (IT Act)
which came into force on 17 October 2000. The primary purpose of the Act is to provide
legal recognition to electronic commerce and to facilitate filing of electronic records with
the Government.
• The IT Act also penalizes various cybercrimes and provides strict punishments
(imprisonment terms upto 10 years and compensation up to Rs 1 crore). An Executive Order
dated 12 September 2002 contained instructions relating provisions of the Act with regard
to protected systems and application for the issue of a Digital Signature Certificate. Minor
errors in the Act were rectified by the Information Technology (Removal of Difficulties)
Order, 2002 which was passed on 19 September 2002.
• The IT Act was amended by the Negotiable Instruments (Amendments and Miscellaneous
Provisions) Act, 2002. This introduced the concept of Electronic Cheques and truncated
cheques. Information Technology (Use of Electronic Records and Digital Signatures) Rules,
2004 has provided the necessary legal framework for filing of documents with the
Government as well as issue of licenses by the Government.

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• It also provides for payment and receipt of fees in relation to the Government bodies. On
the same day, the Information Technology (Certifying Authorities) Rules, 2000 also came
into force. These rules prescribe the eligibility, appointment and working of Certifying
Authorities (CA). These rules also lay down the technical standards, procedures and security
methods to be used by a CA. These rules were amended in 2003, 2004 and 2006
• Information Technology (Certifying Authority) Regulations, 2001 came into force on 9 July
2001. They provide further technical standards and procedures to be used by a CA. Two
important guidelines relating to CAs were issued.
• The Cyber Regulations Appellate Tribunal (Procedure) Rules, 2000 also came into force on
17th October 2000. These rules prescribe the appointment and working of the Cyber
Regulations Appellate Tribunal (CRAT) whose primary role is to hear appeals against orders
of the Adjudicating Officers
• On 17th March 2003, the Information Technology (Qualification and Experience of
Adjudicating Officers and Manner of Holding Enquiry) Rules, 2003 were passed. These rules
prescribe the qualifications required for Adjudicating Officers. Their chief responsibility
under the IT Act is to adjudicate on cases such as unauthorized access, unauthorized copying
of data, spread of viruses, denial of service attacks, disruption of computers, computer
manipulation etc. These rules also prescribe the manner and mode of inquiry and
adjudication by these officers.
• The Information Technology (Security Procedure) Rules, 2004 came into force on 29th
October 2004. They prescribe provisions relating to secure digital signatures and secure
electronic records. Also relevant are the Information Technology (Other Standards) Rules,
2003. An important order relating to blocking of websites was passed on 27th February,
2003. Computer Emergency Response Team (CERT-IND) can instruct Department of
Telecommunications (DOT) to block a website. The Indian Penal Code (as amended by the
IT Act) penalizes several cybercrimes. These include forgery of electronic records, cyber
frauds, destroying electronic evidence etc. Digital Evidence is to be collected and proven in
court as per the provisions of the Indian Evidence Act (as amended by the IT Act).
• In case of bank records, the provisions of the Bankers’ Book Evidence Act (as amended by
the IT Act) are relevant. Investigation and adjudication of cybercrimes is done in accordance
with the provisions of the Code of Criminal Procedure and the IT Act. The Reserve Bank of
India Act was also amended by the IT Act.
Solution:
Issues of Copyrights in Digital Media:
Source of Protection: As compared to physical world in cyber space balance is now in question
because of the way in which it accesses to and use of information is done in Cyber Space. Each
access to such material involves and set of copyright when the simple act of viewing the website
requires the computer to make temporary local copies of data in the computers random access
memory.

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In addition, copyrights on interest are not sold in the way book or video cassettes are sold but
are licensed under certain conditions and terms on the other hand in case of open sources
software like Linux. Although copyright protected is distributed free of licensing, restrictions and
thus encourages users to run, modify, copy and distribute software freely so long as certain
conditions.
Solution:
Concept of Patent in Cyber World:
Practical application of computer related innovation is patentable. Though, software person are
not patentable, specific software products that have a useful practical application are
patentable, like software used in devices like pace markers. Utilities of invention must be within
the technologies arts. A computer program is eligible for patenting if it makes technological
contribution to the known art. If a program can make a system work faster or efficiently then it
is eligible for patenting.
Some typical software patents are:
• Ideas, systems, methods, algorithms and functions is software products.
• Editing functions, user interface features.
• OS Functions
• Menu Arrangements
• Display Presentations
• Program Language Translations
Patents and trademarks are statutory and hence protected by respective governments with
their jurisdiction. Common law right in a universal perspective protects copyrights as most
countries are signatories to Berne and universal copyright inventions both revised in 1971.
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.
• 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.

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• 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:
Documents which are not covered under IT Act, 2000:
1) As the technologies and applications in 11 sector change very rapidly, some of the provisions
related to parameters that may change from time to time have been amended to provide
for the new developments to be incorporated by changes in rules.
2) This would enable the law to be amended and approved much faster and would keep our
laws in line with changing Technological Environment.
3) Sub-section 4 of section 1 relates to "Exclusion". In view of changing needs, operation of this
section has been made more flexible through prescription of such exception by rules rather
being part of the main set.
4) Section (62) (b) has been amended to allow public private partnership in e-governance
delivery of services.
5) A new section 10 has been added for "formulation & validity of electronic contracts".
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.
SECTION 12: Acknowledgement of Electronic Records

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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.
Solution:
CERT (Computer Emergency Response Team):
Computer Emergency Response Teams (CERT) are expert groups that handle computer security
incidents. Alternative names for such groups include Computer Emergency Readiness Team and
Computer Security Incident Response Team (CSIRT).
In is operational since January 2004. The constituency of CERT-In is the Indian Cyber Community.
CERT-In is the national nodal agency for responding to computer security incidents as and when
they occur.
In the recent Information Technology Amendment Act 2008, CERT-In has been designated to
serve as the national agency to perform the following functions in the area of cyber security:
• Collection, analysis and dissemination of information on Cyber Incidents.
• Forecast and alerts of Cyber Security Incidents.
• Emergency measures for Handling Cyber Security Incidents.
• Coordination of Cyber Incident response activities.
• Issue Guidelines, Advisories, Vulnerability Notes and Whitepapers relating to information
Security Practices, Procedures, Prevention, Response and Reporting of Cyber Incidents.
• Such other functions relating to cyber security as may be prescribed.
Solution:
Chapter 13 of IT Act, 2000 - "Miscellaneous"
SECTION 80: Power of Police Officer to enter, search, etc.
Not with standing anything contained in the code of criminal procedures, 1973 any police
officer, not below the rank of an inspector or any other officer of the central government or
state government authorized by the Central Government in this behalf may enter any public
place and search arrest without warrant any person found therein who is reasonably suspected
of having committed or of committing or of being about to commit any offense under this Act.

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SECTION 81: Act to have overriding effect. The provisions of this act, shall have effect not with
standing anything inconsistent therewith contained in any other law for the time being in force.
Provided that noting contained in this act shall restrict any person from exercising any right
conferred under the Copyright Act, 1957 or the Patent Act 1970.
SECTION 82: Chairperson, members, officers and employees to be public servants.
Q.7. Attempt Any Three Questions: (15 Marks)
Solution:
Feature of Indian Trademark Act:
1) It identifies the produced and its origin for example, the trademark ‘Brooke Bevel’
identifies tea originating from the company manufacturing tea and marketing it under the
made.
2) It guarantees the quality. The quality of tea sold in the packs marked Brook Bound Tea
would be similar but different from tea labelled with mark Taj Mahal.
3) It advertises the product.
4) A definition of trademark to include registration to include registration of shape of goods,
packaging and combination of colours.
5) No provision for Smell and Sound Values.
6) Single application for same mark for multiple classes.
7) Use of foreign trademark in India is permissible.
8) The use of hybrid trademarks is permitted in India.
9) The period of registration is 10 years, permitting filing of multicast application, registration
of collective marks and trademark for service.
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.
Defences’ can be:
(1) Expiry
(2) Invalidity

20
(3) Limited scope of Patent Claims
(4) Private, Non-Commercial use
(5) Experimental Purpose
(6) Innocent Infringement
(7) Previous Use
Solution:
Design Objectives:
• The sole purpose of this Act, is protection of IPR of the original design for a period of 10
years or whatever further period extendable.
• The objective behind this enactment is to benefit the person for his research and Labour put
in by him to evolve the new and original design. It has also laid down that if design is not
new or original or published previously, then such a design shall not be registered.
• It further lays down that if it has been disclosed to public anywhere in India or in any other
country by publication in tangible form or by use or any other way, then such a design shall
not be registered or if it found that it is not significantly distinguishable from the known
design or combination of known designs, then such design shall not be registered. It also
provides that a registration can be cancelled, if proper application is filled before the
controller that the design has been previously registered or published before the date of
registration in India.
Solution:
Types of IP Licensing Formats
There are basically three types of IP Licensing Formats:
Sole License:
No person other than the licensee and the owner has the rights to perform the activities
stipulated in the agreement. The owner may reserve certain rights for himself. For example: the
patent holder may keep certain product features for him to manufacture while to licensee he
may allow to manufacture similar product with limited features to mark the product
differentiation in the market.
Exclusive License:
No one other than the licensee (even the licensor) can perform the activities stipulated in the
agreement. Such a license could be worthwhile when an IP Owner does not want to exploit the
IP Themselves, as it may be possible to seek a higher royalty payment than for a non-exclusive
license. But IP over should be certain that they do not want to use the IP themselves before
agreeing to exclusive license.
Non-Exclusive License:

21
The owner of the IP is interested in making multiple copies of his creation and sell it to end users
who is licensed to use it. This happens in case of software, wherein the user who is licensee to
use the product, is restricted to make multiple copies of the same for selling or distributing.
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:
Suspension of Digital Signature Certificate:
(1) Subject to the provisions of sub-section (2), the Certifying Authority which has issued a
Digital Signature may suspend such Digital Signature Certificate –
(a) On receipt of a request to that effect from –
(i) The subscriber listed in toe Digital Signature Certificate; or
(ii) Any person duly authorized to act on behalf of that subscriber,
(b) If it is of opinion that the Digital Signature Certificate should be suspended in public
interest.

22
(2) A digital signature certificate shall not be suspended for a period exceeding fifteen days
unless the subscriber has been given an opportunity of being heard in the matter.
(3) On suspension of a Digital Signature Certificate under this section, the Certifying Authority
shall communicate the same to the subscriber.
Revocation of Digital Signature Certificate:
(1) A Certifying Authority may revoke a Digital Signature Certificate issued by it –
(a) Where the subscriber or any other person authorized by him makes a request to that
effect; or
(b) Upon the death of the subscriber, or
(c) Upon the dissolution of the firm or winding up of the company where the subscriber
is a firm or a company.
(2) Subject to the provisions of sub-section (3) and without prejudice to the provisions of sub-
section (1), a Certifying Authority may revoke a Digital Signature Certificate which has been
issued by it at any time, if it is of opinion that –
(a) A material fact represented in Digital Signature Certificate is false or has been
concealed;
(b) A requirement for issuance of the Digital Signature Certificate was not satisfied.
(c) The Certifying Authority’s Private Key or Security System was compromised in a
manner materially affecting the Digital Signature Certificate’s reliability;
(d) The subscriber has been declared insolvent or dead or where a subscriber is a firm or
a company, which has been dissolved, wound-up or otherwise ceased to exist.
(3) A Digital Signature Certificate shall not be revoked unless the subscriber has been given an
opportunity of being heard in the matter.
(4) On revocation of a Digital Signature Certificate under this section, the certifying authority
shall communicate the same to the subscriber.
***

IPR & Cyber Laws (October - 2015) [CBSGS - Paper Solution]

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IPR & Cyber Laws (October - 2015) [CBSGS - Paper Solution]