IPR & Cyber Laws (October - 2016) [CBSGS - Paper Solution]

Book Code: TYBSCIT-IPR-006
May – 2019 #ISSUE – 15
Mumbai University
IPR & CYBER
LAWS

Kamal
T.
© Mumbai B.Sc.IT Study Kamal T.
IPR and Cyber Laws
Paper Solution
 University: University of Mumbai
 Year: October – 2016
 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 – 2016 | 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.
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Q.1. Attempt Any Two Questions: (10 Marks)
Solution:
Intellectual Property
Intellectual Property (IP) refers to creations of the mind, such as inventions; library and artistic
works; design; and symbols, names and images used in commerce.
Intellectual Property Rights
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
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 creator’s 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 given used on goods that have a
specific geographical origin and possess qualities or a reputation due to that place of origin.
Most commonly, 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:
The patent law recognizes the exclusive right of a patentee to gain commercial advantage out
of his invention. This is to encourage to inventors to invent their creative faculties knowing that
their inventions would be protected by law & no one else would be able to copy their inventions
for certain period during which the respective inventor would have exclusive rights.
It has been held by the supreme court that, “the object of patent law is to encourage scientific
research, new technology & industrial progress. Tyrant of exclusive privilege to own, use or sell

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the method or the product patented for a limited period, simulates new inventions of
commercial utility.” The purpose of an invention is to protect and encourage fair competition in
the field of technology so as to transform inventions or creations into real productive forces.
Solution:
Copyright:
• Copyright is a unique kind of Intellectual Property.
• The right which a person acquires in a work, which is the result of his Intellectual Labour, is
called his Copyright.
• The primary function of a Copyright Law is to protect the fruits of a man’s work, Labour, skill
or test from being taken away by other people.
Characteristics Of Copyright:
Creation of a Statute:
Copyright is creation of a specific statute under the present law. There is no such things as
common law copyright. No copyright can exist in any work except as provided in the section 16
of the Act.
Some Form of Intellectual Property:
A copyright is a form of intellectual property since the product over which the right is granted,
e.g., a literary work, is the result of utilization and investment of intellect.
Monopoly Right:
Copyright is a monopoly right restraining the others from exercising that right which has been
conferred on the owner of copyright under the provisions of the Act.
Negative Right:
Copyright is a negative right meaning thereby that it is prohibitory in nature. It is a right to
prevent others from copying or reproducing the work.
Object of Copyright:
The object of copyright law is to encourage authors, composers and artists to create original
works by rewarding them with the exclusive right for a specified period to reproduce the works
for publishing and selling them to public. The foundation of Indian Copyright Law, which is of
English origin and provenance has a moral basis, and is based on the Eighth Commandment,
“Thou Shalt not Steal” (as held by the Supreme Court in R.G. Anand Case 1978).
Multiple Rights:
Copyright is not a single right. It consists of a bundle of different rights in the same work. For
instance, in case of a literary work copyright comprises the right of reproduction in hard back
and paperback editions, the right of serial publication in newspapers and magazines, the right
of dramatic and cinematographic versions, the right of translation, adaptation, abridgement and
the right of public performance.

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Neighboring Rights:
Copyright consists not merely of the right to reproduction. It also consists of the right to works
derived from the original works; rights like the right of public performance, the recording right
and the broadcasting right which are as important or even more than the right of reproduction.
Such related rights are termed "neighboring rights".
Solution:
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 marks may be registered for distinguishing features such as
Holograms, Motion, Color And Non-Visible (sound, smell or taste)
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:
Software Privacy:
It is the illegal copying, distribution or use of software. It is such a profitable “business” that it
has caught the attention of organized crime groups in a number of countries.
Software be protected:
(1) Soft Lifting: Borrowing & installing a copy of a software application from a colleague.

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(2) Client Server Over Use: Installing more copies of the software than you have licenses for.
(3) Hard Disk Loading: installing & selling unauthorized copies of software on refurbished or
new computer.
(4) Counterfeiting: Duplicating & Selling Copyrighted Programs.
(5) Online Piracy: Typically involves downloading illegal software from peer to peer network
internet auction or to blog.
When you purchase a Commercial Software Package, an End User License Agreement (EULA) is
included to protect that software program from copyright infringement. Typically, the license
states that you can install the original copy of software you bought on one computer and that
you can make a backup copy in case the original is lost or damaged.
Solution:
Principles of Data Protection
All organizations must hold or process personal data and must comply with it. It indicates
services and tools to help us to ensure successful Audit & Management. It contains the following
principles:
(1) Data must be processed Fairly & Law Fully.
(2) Data must be obtained & used for specified and lawful purpose.
(3) Data must be accurate where necessary and help the data up to date.
(4) Data must be kept for necessary period of time, no longer than necessary.
(5) Data must be processed is accordance with the individual rights.
(6) Keep Data Secure.
(7) Data should be transferred only to countries that offer Adequate Data Security.
Solution:
Article WIPO Copyright Treaty adopted in 1996
Following are the articles mentioned in the contents:
1) Article 1: Relation to the Berne Convention.
2) Article 2: Scope of the Copyright Protection.
3) Article 3: Application of act article 2 to 6 of the Berne Convention.
4) Article 4: Computer Program.
5) Article 5: Compilations of data (databases)
6) Article 6: Right of Distribution
7) Article 7: Right of Rental.
8) Article 8: Right of communication to the public.
9) Article 9: Duration of the protection of photographic works.
10) Article 10: Limitations and exceptions
11) Article 11: Obligations Concerning Technologies Measures.
12) Article 12: Obligations concerning Rights Management Information.
13) Article 13: Application in Time

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14) Article 14: Provisions on enforcement of rights
15) Article 15: Assembly
16) Article 16: International Bureau.
17) Article 17: Eligibility for becomes party to the treaty.
18) Article 18: right and obligations under the treaty
19) Article 19: Signature of the Treaty.
Solution:
SOLUTION:
Agreement on Trade-Related Aspects of Intellectual Property Rights
(1) The agreement on TRIPS becomes part of act because of strong forces or pressure by
industrialized countries. The developing countries vertically forced to negotiate enhanced
standard of protection in GATT (General Agreement on Trade and Tarniff).
(2) With WTO and TRIPS an awareness of importance of IPR was created resulting into the
information of standards for protection of IPR in developing & under developed countries.
(3) TRIPS facilities the improvement of basic awareness of IP assets, upgradation & monitoring
the IP Legal framework.
(4) The TRIPS Agreement has now become most comprehensive & influential international
agreement on IPR.
(5) It leads to considerable attention to deal at national level in series of issues.
(6) By providing patent protection, TRIPS will help to generate increased profit for patent
holder on new technologies.
(7) The WTO; TRIPS Agreement is an attempt to reduce or narrow the gaps in the way these
rights are protected around the world.
Solution:
SOLUTION:
Assignment:
• Assignment, as defined in Black's Law Dictionary, means the transfer by a party of all of its
rights or interest in the property.
• In case of intangible property like a patent, the transfer is made through an agreement to
this effect.
Assignment Vs. License:
The difference between Assignment and License:
1) A License merely confers a personal privilege to do some particular act(s) which the
licensee can perform. There is no transfer of interest in license.

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2) On the contrary, assignment means the transfer of interest in the patent: whole or in part
of the patent rights, e.g., for the whole of India or a part thereof.
Assignee:
• The person in whose favor a right has been assigned is the assignee and the person who
assigns the right (patentee himself or his agent) is the assignor.
• In case an assignment has been made in favor of a person who has since died, the term
assignee would denote the legal representative that is the person who in law represents
the estate of the deceased person.
• Where assignment is made in favor of two or more persons, they become owners of such
interest in the patent.
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.
• 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:
Rights conferred by Registration of Trademark
Section 28 of the Trade Marks Act, 1999 confers on the proprietor of the trademark, exclusive
right to use of the trademarks in relation to the goods or services in respect of which the trade
mark is obtained.

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In addition to conferring the right of exclusive dealing, the proprietor of a trade mark also has a
right to file a suit for infringement of his right and obtain:
(1) Injunction
(2) Damages
(3) Account of profits
Limitations
(1) The trade marks, when it is subject to conditions & limitations entired in the Register any
use of the mark.
(2) The registration of trade mark will not entitle the proprietor to bring infringement actions
against proprietor of identical or similar marks.
(3) A registered trade mark can be used by any person for purposes of identifying goods or
services if the use of the mark is in accordance with honest practices.
Solution:
Rights Granted For Registration Of Design:
• A person has the right for exclusive use of the design which is subject to the provision of
Design Act, 2000. Hence the Design registered under this act can be used from the date of
registration.
• If the design provision gets expired then the applicant can extend the period of design by
paying the prescribed fees.
• Every person has a right to protect the design from piracy. Any person responsible for
infringing the registered design then he is liable to pay a fine of a sum not exceeding 25,000.
• Under section 20 of the design Act, 2000. There are exceptions in case of using the design
related to the government. Hence the government can use the registered design which
prohibits other person to use this design under certain circumstances.
• Section 11 of the Design Act, 2000 has provided extension period if the registered design
gets expired. Hence the maximum period of extending the registered design is for 15 years.
Solution:
Advantages and Disadvantages of Intellectual Property Licensing
Advantages:
Licensing is part of the overall business strategy, but it is associated with advantages and
disadvantages both for the Licensor &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 & market the

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product. The greatest advantage of licensing is that it increases the profit by using an available
technology to make a new improved product to sell in the market at an appropriate time.
For the licensee the greatest advantage is that he need not have to spend money & time in the
rigorous process of R & D. This is a cost-effective process to get in to the market with new
product at a greater speed. The new technology/product will help the licensee enhance his
reputation & goodwill in the market. The available technology will make it easier for the licensee
to get finance & finally cash the market opportunities by timely commercializing the product.
Disadvantages:
• Though IP licensing is beneficial to both licensor & licensee, sometimes through licensing,
the owner may lose his control on the technology & there may be great risk of piracy &
exploitation by unauthorized parties.
• It may so happen that the licensee develops technology around the product, he has the
license for & make the original licensor to lose his superiority.
• The revenue from the licensee depends on his performance. Hence the licensor loses the
revenue to that extent. For the licensee, the technology may become redundant in short
span of time & he may have to go in for a new one at a higher price.
• In case the technology is not tested, the licensee will be at great risk of losing the money if
relevant risk aversion clauses are not stipulated in the agreement. Hence, in IPR licenses
agreement, the terms & conditions need careful drafting.
Solution:
Licensing Agreement:
A Licensing Agreement is a partnership between an IP owner (licensor) & someone who is
authorized to use such rights (licensee), in exchange for an agreed payment (fee or royalty).
Types Of Licensing Agreement:
Licensing Agreements are broadly categorized as follows:
1) Sole License
2) Exclusive License
3) Non-Exclusive License
Sole License:
No person other than the license and the owner has the rights to perform the activities
stipulated in the agreement. The owner may reserve certain rights for himself.
Exclusive License:
No one other than the licensee 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’s payment than for a non-exclusive.
Non-Exclusive License:

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The owner of the IP is interested in making multiple copies of his creation & sell it to end users
who is licensed to use it. This happens in case of software, wherein the user who is license to
use the product, is restricted to make multiple copies of the same for selling or distributing.
Solution:
Enforcement of IPR with reference to 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:
Technology Licensing
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.

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Solution:
Domain Name Disputes and Uniform Domain Name Disputes Resolution Policy
In the emerging ear of cyber world it is very important for a company to have an address in the
cyberspace. This would require its registration under a particular Domain Name and Website.
As each computer has its own unique all numeric IP Address. It is very difficult to remember all
numeric addresses which give us the essence of Domain Name System. Thus, the systemization
of recognition of the proxy names is called the “Domain Name” Domain names are becoming
very relevant because consumer often perceive them as performing, in electronic commerce,
much the same role as trademarks and trademarks have played in more traditional modes of
business. Similar to the concept of trademark disputes had arisen between the companies
wanted to adopt the same domain name.
Solution:
Digital Signature:
Signature refers to writing a one names or putting a mark for authentication or executing a
document by a signatory. The following are the main function performed by signature:
(1) Identification: By signing document the signatory identifies by unique style of writing his
name & marks.
(2) Authentication: By performing the act of signing the document, the signatory
acknowledges that authorize & adopt text in some meaningful way.
(3) Security: Style of writing or the mark agent’s security against forgery.
(4) Binding: A signature is an evidence of identification, authentication & being bound to the
signed document.
Purpose:
(1) The system of hash function is used for all creation as well as verification of a digital
signature.
(2) The software of this signatory transforms the hash result into a Digital Signature by using
his private key which encrypts the information or data.
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.

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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.
Solution:
Issues with Hyperlinking, Deep Linking and Framing in Websites:
As the internet has continued its emergence from a research network to a longly for profit
enterprise, commercial owners of world wide web sites have a concentrated much of their
efforts on searching for revenue models that allows them to profit from internet dialing’s. This
commercialization of the internet has raised challenges for the law in at least two years. First,
the search for a profit generating revenue model has challenged the customers or “netiquette”
that effectively ruled the internet when it was dedicated to search. The question for the law is
whether those customs should constitute the legal rule in a commercial environment. In this
way, users could make sense of the greatman of data.
Solution:
Indian IT Act, 2000:
Section 4:
Confers legal recognition to electronic records. Paper based documents are equated with
electronic records so long as they are made available in electronic form are accessible so as to
be usable for a subsequent reference.

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Section 5:
Confers legal recognition to digital signatures and equates it with Handwritten Signatures. The
authentication of such digital signatures will be ensured by means of Digital Signatures affixed
in such manner as the Central Government prescribes.
Section 6:
Aims to eliminate Red Tapism and Promote use to electronic records and Digital Signatures in
Government and its agencies. It provides for filing documents online with Governmental
Authorities, Grant of Licenses / Approvals and Receipts / Payments of Money. Section 7
retention of Electronic Records in to paper based records to fulfill legal requirement of retention
of records.
In case of the electronic as well as the traditionally printed gazette, it is stipulated that
publication of rules, regulations and notifications in the Electronic Gazette shall also he legally
recognized.
(a) Therefore, where the publication of any rule, regulation, byelaw and notification is
required to be published in the Official Gazette, such requirement is satisfied if the same
is published electronically. Further, where such Official Gazette is published in both
electronic as well as printed form, the date of publication shall be the date of publication
of the official Gazette that was first published, whenever may be the form. At the same
time, no person can insist on electronic filing of returns of records, as the Government
needs sufficient time to set up set infrastructure facilities that will enable them to conduct
electronic transactions in the future.
(b) The Central Government has been conferred with the power to make in respect of Digital
Signature, Interalia, the type, manner, format in which signature is to be affixed and
procedure of the way in which the Digital Signature is to be processed.
(c) Recently, implementing the e-governance provisions, the Indian Railways has started the
internet reservation facility on its website wherein reservations can be made online filing
automated system MCA21 for establishing of new companies in India.
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;

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(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.
Solution:
Malaysian Approach to Cyber Laws
Cyber laws are the law used to control the behavior of computer users in the country. There are
currently four cyber laws which have been approved by the Government which as known as
Digital Signature Act, 1997.
Computer Crimes Act, 1997.
Communication & Multimedia Act, 1998, by the implementation of Communication &
Telecommunication Act, 1998 ensures that information is secure, the network is safe, reliable &
the service is affordable all over Malaysian, you can also use this act for any cases regarding your
internet service provider & whether they got accused of part of this law.
Solution:
Conditions Under which Intermediary Gets Exemption from Liability
The acts of transmission and of provision of access referred to in paragraph include the
automatic, intermediate & transient storage of the Information transmitted in so far as this
takes place for the sole purpose of carrying out the transmission in the communication network
& provided that the information is not stored for any period longer than is reasonably necessary
for the transmission. It is only for the ‘act of transmission’ or the ‘act of provision of access to a
communication network’. That the intermediary is given an exemption from liability by virtue of
the mere conduit principle. Other acts such as long term storage of information are not covered
by the mere conduit principle. But in the Indian Context, by excluding the precondition to the
three disqualifiers, any act which is completely unrelated to transmission or provision of access
would automatically escape the three codified disqualifiers & being the intermediary one step
closer towards claiming exemption from liability.

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Q.7. Attempt Any Three Questions: (15 Marks)
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:
SOLUTION:
Digital Copyright:
• The decentralized nature of Internet makes it possible for any user to disseminate a work
endlessly in the Cyberspace through an end number of outlets, thereby giving rise to global
piracy.
• Estimates of global losses from pirated books, music and entertainment software range into
billions of dollars.
• The Internet in a way presents a troublesome situation for copyright holders as the users
become mass disseminators of others copyright material and creates disequilibrium
between the authors and users.
• The advent of digital technology, therefore presents legislators with a choice: either expand
or modify existing 'old media notions' or redefine the catalogue of restricted acts.
Digital Copyright Issues:
Taking into account the peculiarities of the new environment, multiple aspects of issues are
discussed as given below.
The Right Of Reproduction (Web Casting):

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• The Reproduction Right has been at the heart of Copyright Law for more than three
hundred years.
• Due to the lack of Agreement on the Right's Scope and Content, it did not include any
provision that expressly protected the Reproduction Right.
• The advent of the Internet makes the delimitation of the Reproduction Right more
Problematic in the Digital Age.
• Given that any transmission of protected works over the Internet involves the
reproductions transitorily stored in the connected computers' RAM.
The Right Of Communication To The Public (Database Protection):
• Digital Technology blurs the line between different categories of Copyrightable works and
the means of communication to the public as well.
• On the other hand, in the midst of fast development in Digital Technology, the Computer
Networks, in particular the Internet, brings forth a Point-To-Point way of transmitting works
on an on-demand and Interactive Basis.
• The interactivity and individuality afforded by this new method of exploiting works, makes
it possible for any member of the public to have the full discretion in determining the place
and the time one is intended to access and use works in digital form.
Legal Protection of Technological Measures (Source Of Protection):
• In Response to the increasing ease of reproduction and disseminating works over the
internet, copyright owners and their technology have designed entirely novel and more
effective technological measures, to constrain physical access to and use of their
copyrighted works.
• The North America Free Trade Agreement, 1992 provides for Criminal and Civil Remedies
against decoding the encrypted program carrying satellite signals and related acts.
Legal Protection of Rights Management Information (ISP
Liabilities):
• It is important that whenever a work or an object of related rights is requested and
transmitted over the network, the fact of the use is registered together with all the
information necessary to ensure that the agreed payment can be transferred to the
appropriate right owner(s).
• Various Technologies in this respect are available or being developed which will enable the
necessary feedback to the right owners.
• It is crucial, however, that such information is not removed or distorted, because the
remuneration of the right owners would in that case not be paid at all, or it would be
diverted.
Limitations and Exceptions (Rights Of Performance):
• From earliest times in the history of copyright, it has been recognized that in certain cases
limitations or exceptions should be placed on the exercise or scope of established rights
and may be termed as "Internal Restrictions".
• The reasons given for imposing such restrictions may be based on considerations of Public
Interest, prevention of Monopoly Control, etc.

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• The limitations on copyright are necessary to keep the balance between two conflicting
Public Interests: the public interest in rewarding creators and the public interest in the
widest dissemination of their works, which is also the interest of the users of such works.
Copyright Enforcement In Digital Environment (Linking):
• Global Computer-Based Communications cut across Territorial Borders, creating a new
empire of human activity and undermining the feasibility and legitimacy of laws based on
geographical boundaries.
• Digital Technology has made Copyright Enforcement difficult to achieve.
• In the Online Environment, works such as Videos, Recordings of Musical Performances, and
texts can be posted anywhere in the world, retrieved from Databases in Foreign Countries,
or made available by Online Service Providers to subscribers located throughout the globe.
• Our System of International Copyright Protection, however, historically has been based on
the application of National Copyright Laws with Strict Territorial Effects and on the
Application of Choice-Of-Law rules to determine which country's copyright laws would
apply.
Solution:
Defences available in case of Infringement of Designs:
In a suit for infringement, a defendant may present evidence & argue the following defences:
(1) The plaintiff has no title to sue. He may question whether the plaintiff is a registered
proprietor of the design or his duly authorized agent or license.
(2) The design is not entitled to protection. Disentitlement to protection can be pleaded on
the grounds that –
• The design has been previously registered is India.
• It has been published in India prior to the date of registration.
• The design is not a new or Original Design.
(3) The plaintiff’s own conduct is tainted law expects law aspects the party approaching its
doors to approach with clean hands.
(4) Delay & acquiescence, the institution of the suit within a reasonable time after the
discovery of the infringement is expected of the plaintiff.
(5) Expiry of period of registration. The copyright on a design is limited by time, the defendant
on providing the expiry of period of registration is entitled to use the design.
Solution:
About Enforcing IPR:
• Every right holder under the IPR is subject to the right to seek review by a judicial authority.
• These rights of the defendant should be an action without prejudice.
• In case of infringing cases the authority can dispose these infringing goods as per their
rights.

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• Hence only in exceptional circumstances related to infringing goods these need not be
disposed.
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.
Civil Remedies:
• The right holders concerning to the enforcement of IPR has to provide a written notice
within a stipulated timeframe to the defending party.
• Parties shall be allowed to have representatives to fight their cases individually.
• All parties during proceedings are entitled to their claims and need to present relevant
evidence.
• These procedures provide identification and protection of confidential information.
• The opposing party in appropriate cases needs to produce evidence which specifies the
situation related to the case.
• In cases where the parties are not allowed to access their goods in such cases the judicial
authorities make the final decisions based on the evidences presented by the parties who
are adversely affected by the denial of access to information.
Solution:
Copyright Issue In India AND Copyright In WWW:
• A website is an electronic expression of creator’s idea. The website contents include words,
graphics, pictures, audio, video that are meant for viewer, user an information. Everything
on website is protected by copyright law. However the degree of protection varies with
material.
• The task of maintaining, designing, producing a sophisticated task is very expensive one.
Hence, protecting them is extremely important.
• The subject matter of copyright is digital context is information which can be reproduced &
distributed at near zero cost without copyright protection, all information would be just
clarity.

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• Copyright owner, alone has the right to reproduce the work. Copyright infringement in the
online environment often involves a violation of the reproduction right that occurs by
transferring data from one computer to another.
Solution:
Issues in Cyber Evidence Management:
Evidence Management is a topic that covers the details of evidence collection, chain of custody,
and managing the actual investigation.
(1) Proper Evidence Collection Technique.
(2) How to preserve & Transport Evidence.
(3) Methods for Tracking Evidence.
(4) Proper storage of Evidence.
(5) Evidence Access Control.
(6) How to dispose of evidence after an investigation.
***

IPR & Cyber Laws (October - 2016) [CBSGS - Paper Solution]

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IPR & Cyber Laws (October - 2016) [CBSGS - Paper Solution]