3. Protection of Inventions and Creations
Creation of Trade Marks
Similarity of Trademarks Issue
Sue for Trademark Infringement
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4. Protect the Use of Information Technology on
Cyberspace
Use of electronic digital interchange (EDI)
Privacy Issue
Negative impact on Trading Relationship
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5. Regulation of rights and obligations in a contract
Need to fulfill all contract requisites
Communicating Consent Issue
Proper clarification of Contracts
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6. Intentionally harm to other
Leakage of information for personal benefits
Lose of brand reputation in market
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7. Overview:
Concerns related to safety and protection of
collected personal information
Case of Life Lock company Vs FTC
Failure of Life Lock company on its services to
provide data security
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8. What Happened:
Failure of Life Lock company on its services to
provide data security
Leakage of information of FTC’s customers
Information hacked by unauthorized person due to
inefficient software
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9. Outcomes:
Establishing effective data security measures
Compensate FTC for loss of information
Payment by Life Lock to each customer
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10. Andersen, B. (2006) Intellectual Property Rights: Innovation,
Governance and the Institutional Environment. UK: Edward Elgar
Publishing.
Bar, C. V., Drobnig, U. and Alpa, G. (2004) The Interaction of
Contract Law And Tort And Property Law in Europe: A
Comparative Study. USA: sellier. european law publ.
Blakeney, M. (2009) Intellectual Property Rights and Food
Security. USA: CABI.
Cyber Law Currents (2010) [Online]. Available at
http://www.cyberlawcurrents.com/?p=921#comments [Accessed:
7 January, 2013].
Hammond, R. J. (2003) Identity Theft: How to Protect Your Most
Valuable Asset. USA: Career Press.
Salzedo, S., Brunner, P. and Ottley, M. (2005)Briefcase on
Contract Law. UK: Routledge.
10www.assignmenthelpexperts.com
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Editor's Notes
The intellectual property law can be defined as rights that are useful in protecting the inventions and creations of an individual, which cannot be used by others illegally to gain any benefits from investment of investor (Blakeney, 2009). IDSS has created a few trademarks to ensure and protect its self developed innovative technologies. In this case, there may be an issue related to similarity of trademarks with another one. If company owns a trademark that is confusingly similar with other trademark, the previous owner of trademark can send a threat letter and sue for trademark infringement (Andersen, 2006).
Cyber law addresses different legal issues associated to use of communicative technology by including all perspectives of activities on the Internet, the websites and Cyberspace. In this case, all work is uploaded through electronic digital interchange (EDI). There may be issue related to privacy or security of documents that are uploaded through EDI. Any unauthorized person can access this information on internet and misuse it for personal benefits. The data can be copied, duplicated and misused by hackers or unauthorized person that can affect relations between trading partners (Hammond, 2003).
Contract law is enforced to regulate the rights and obligations of the involved parties under any contract. When contract requisites are not fulfilled by any party, it is liable for this under this act or law. In this case, there may be communicating consent issue that can be raised by the customer after assigning the contact. A customer can claim about not reviewing all terms and conditions before clicking on icon because he can say that he had no time to review all conditions. Therefore, it needs to display clearly its contracts before offering its service (Salzedo, Brunner & Ottley, 2005).
There may be another law i.e. Tort law that could be applied to this scenario. This law is applied in such conditions, where an individual tries illegally to cause other to undergo any harm or loss. In this situation, this law can be applied because company can leak the information to make benefit other competitor of client that can cause harm for the client. Through this, it can be possible that other company can lose its reputation in the market. In this concern, company will be able for any illegal activity under tort law (Bar, Drobnig & Alpa, 2004).
A case can be considered that is related to data protection law. This law governs the safety of collected and stored personal information. In this case, the Life Lock Company advertises its service as identity theft protection to different global companies in the world. It also promises to offer its clients with early warning of fraud alerts. This company advertised on the web and collected different information related to the customers of the FTC. After no fulfillment of its promises regarding data security measures for FTC, it was enforced $12mm fine for failure to follow privacy policy by the Life Lock Company (Cyber Law Currents, 2010).
The Life Lock Company failed to fulfill its promises to FTC because it could not provide security for collected personally identifiable information of more than one million customers. The FTC filed a case against the company that the service was not provided as per advertisement. Personal information of customers had been hacked by unauthorized persons on defendants’ corporate network. There was a problem in efficiency of data protection software of the company that created problems for the FTC. It failed the company to safeguard the information of FTC’s customers.
In this case, Federal District Court enforced Life Lock to fulfill its promises by establishing effective data security process that could protect all information about consumers on internet in future. It was also charged monetary damages for infringement of this law. Along with this, company had to pay $12 million in fines to the FTC in order to compensate the harm of consumers’ information. In addition, each consumer was paid $10,000 by the COO and CEO of Life Lock. In last, it was also compulsory for the company to conduct an audit till coming 20 years (Cyber Law Currents, 2010).