IPR & Cyber Laws (October - 2017) [CBSGS - Paper Solution]

Book Code: TYBSCIT-IPR-008
May – 2019 #ISSUE – 17
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 – 2017
 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 – 2017 | 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:
Copyright:
 Copyright is a legal term describing rights given to creators for their literary & artistic work.
 Copyright is a form of protection grounded in the US constitution & granted by law for
original works of authorship fixed in a tangible medium of expression.
 Copyright covers both published and unpublished works.
Protected Under Copyrights:
The kind of works covered by copyright include:
• Literary work such as Novels, Poems, Plays, Relevance Work, Newspapers and Computer
Programs, Databases, Films, Musical Compositions & Choreography.
• Artistic works such as Painting, Drawings, Photographs, Sculpture, Architecture and
Advertisements, Maps and Technical Drawings.
• Copyright subsists in a work by virtue of creation, hence it is not mandatory to register.
However, registering a copyright provides evidence. That copyright subsists in the work &
creator is the owner of the work.
Solution:
Steps to Register Patent In UK:
Steps to Register Patent In UK is as follows:
STEP 1: Draft your description and complete patent drawings: Drafting your patent can be
carried out by a patent agent or you choose to draft the application yourself. Either way it helps
to have a patent search report detailing existing patents, so you can make sure your application
is worded to avoid infringing existing patents.
STEP 2: File a form 1 with your description & drawings at the UK Patent Office; Guidelines are
as follows: filing in form 1. If you are using on agent then they will do this on your behalf.
Otherwise you will need to complete the form yourself, attach a full description of your idea &
the drawings & send the completed patent application to:
Intellectual Property Office
Concept House
Cardiss Road, NP 108 RR
United Kingdom
Patent filing can be completed online at this address:
UK IPO Patent Filing ONLINE

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Solution:
Design Rights:
 A registered design protects the visual appearance of a product or item & gives you exclusive
rights for that appearance to the extent that, if necessary, there is a legal right to stop can
unauthorized party from producing or using your design.
 Design Rights protect the way a product looks. If the design has a technical function or the
appearance of the product comes naturally as a result of the function that it perform, then
a design right may not be suitable.
 In order for a registered design to be valid it must.
 Be now (no similar or identical designs registered)
 Have individual character (the appearance of the design is different to any existing designs)
 Be already registered in an approved Overseas Jurisdiction.
 If a registered design is granted it will last for upto 25 years but need to be renewed every 5
years.
Solution:
Unfair Competition of Intellectual Property:
 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.
Solution:
Data Protection Principles:
 The Data Protection Act, 2012 is premised on the fundamental role.
 That all who process personal data must take into consideration the right of that individual
to the privacy of his or her communications.
 This recognition by a data controller or processor should lead to the application of the 8
basic principles for processing personal information. That are as follows:
(1) Personal Information must be processed for limited purposes.

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(2) Personal Information must be processed for limited purposes.
(3) Personal Information must be adequate, relevant & not excessive.
(4) Personal Information must be accurate & upto date.
(5) Personal Information must not kept for longer than is necessary.
(6) Personal Information must be processed in line with the Data Subjects Rights.
(7) Personal information must be secure.
(8) Personal information must not be transferred to other countries without adequate
protection.
Solution:
Semiconductor Chip Protection Act of 1984:
 Prior to 1984, it was not necessarily illegal to produce a competing chip with an identical
layout.
 In 1984 the United Sates enacted the Semiconductor Chip Protection Act of 1984 (the SCPA)
to protect the topography of semiconductor chips.
 The Act extended legal protection to a new form of subject matter – semiconductor chip
mask works – in order to address the problem of chip piracy.
 The SCPA uses a modified approach to protect the topography of integrated circuits against
copying.
 Chip protection is acquired under the SCPA by filling with the U.S. Copyright Office an
application for "mask work" registration under the SCPA, together with a filing fee.
 The application must be accompanied by identifying material, such as pictorial
representations of the IC Layers – so that, in the event of infringement litigation, it can be
determined what the registration covers.
 Protection continues for ten years from the date of registration.
 The bundle of rights is also somewhat different from that granted under copyright law, and
copies of the "mask work" made in the course of reverse engineering are not infringing, in
spite of proof of unauthorized copying and striking similarity, so long as the resulting
Semiconductor Chip Product was the result of study and analysis and contained
technological improvement.
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
preemptive registration of trademarks by third parties as Domain Names.

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 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:
TRIPS Agreement:
TRIPS:
• The agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is a an
international agreement administered by the World Trade Organization (WTO) that sets
down minimum standards for many forms of Intellectual Property (IP) regulation as applied
to nationals of other WTO members.
• It was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and
Trade (GATT) in 1994.
TRIPS Agreement:
• The TRIPS Agreement introduced intellectual property law into the international trading
system for the first time and remains the most comprehensive international agreement on
intellectual property to date.
• In 2001, developing countries, concerned that developed countries were insisting on an
overly narrow reading of TRIPS, initiated a round of talks that resulted in the Data
Declaration.
• The Doha declaration is a WTO statement that clarifies the scope of TRIPS, stating for
example that TRIPS can and should be interpreted in light of the goal "to promote access to
medicines for all".
• Specifically, TRIPS requires WTO members to provide copyrights, covering content
producers including performers, producers of sound recording and broadcasting
organizations; geographical indications, including appellations of origin; industrial designs;
integrated circuit layout-designs; patents; new plant varieties; trademarks; trade dress; and
undisclosed or confidential information.
• TRIPS also specifies enforcement procedures, remedies, and dispute resolution information.
• TRIPS also specifies enforcement procedures, remedies, and dispute resolution procedures.
• Protection and enforcement of all intellectual property rights shall meet the objectives to
contribute of technologies innovation and to the transfer and dissemination of technology,
to the mutual advantage of producers and users of technological knowledge and in a manner
conductive to social and economic welfare, and to a balance of rights and obligations.

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Solution:
Rights of Patentee:
The Right to Exploit The Patent:
• Section 48 confers the right to exploit the patent on the patent on the patentee or his
assignee or his agent when such a right is exercised within the condition imposed by section
47 of the Act.
Right To License:
• Section 70 of the Act Confers, Interalia, and the right on a grantee or proprietor of a patent
to grant License.
• For instance, a patentee of invention of new sound system has a right to license his right to
another party to make and sell the system in a particular territory.
Right To Assign:
• Section 70 also confers on the patentee the right to fully or partially assign his patent to
another or others.
• Such assignment and licensing should always be in writing in express agreements.
• Such agreement should be registered to avoid litigation later.
The Right to Surrender the Patent:
• A patentee is not under an obligation to maintain his monopoly right on the patent for the
entire term of the patent. He may surrender the patent any time.
• Section 63 provides that a patentee may, at any time by giving notice to the controller, offer
to surrender his patent.
• The controller, before accepting the offer of surrender, publishes the offer in India to give
opportunity to the parties having any interest, for instance licensees, to oppose the offer of
surrender.
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 patentee to take legal action for protection of his patent rights.
• Patentee, his assignee, licensee or agent has the right to institute a civil suit in a court not
lower than the District Court in case of any infringement.

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Solution:
Assignment:
Assignment, as defined in Black’s Law Dictionary, means the transfer by a party of all its rights
or interest in the property.
The difference between Assignment and License:
• 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.
• 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 favour 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 favour 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 favour of two or more persons, they become owners of such
interest in the patent.
Kinds of Assignment:
There can be three kinds of assignment as follows:
(i) Legal Assignment
(ii) Equitable assignment
(iii) Mortgage
Legal Assignment:
• An assignment of an existing patent through an agreement which has been duly registered
is a legal 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.
• For instance, a patentee A in respect of a machine useful in the automobile industry assigns
his right in the patent to B through an agreement which is written and duly registered in the
Patent Office. Thereupon, B becomes the proprietor of the patent.
Equitable Assignment:
• Any document such as letter but not being an agreement, which is duly registered with the
Controller in which patentee in which agrees to give another person certain defined right in
the patent with immediate effect, is an equitable assignment.

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• 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.
• For instance, a patentee D writes a letter to E whereby he assigns to E the right to make and
sell the invention within the territory of Delhi. D has transferred his proprietary right through
equitable assignment to E to the extent mentioned in his letter.
Mortgage:
• A mortgage is also a form of assignment.
• A mortgage is a document transferring the patent rights either wholly or partly to the
mortgage 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 his on refund of
the money to the mortgagee.
• The mortgagee (a person in whose favour a mortgage is made) 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:
Infringement of Patent:
Using or manufacturing a patented product without the owner’s permission (by license, waiver,
or other contract) can constitute infringement & expose. The unauthorized user/manufacturer
to liability even if the infringement was unintentional.
Different types of patent infringement are as follows:
Direct Infringement:
Actively engaging in a prohibited use of someone else’s patented property.
Induced Infringement:
Actively inducing someone to make prohibited use of someone else’s patented property.
Contributory Infringement:
Contributing to the unauthorized use of someone else’s patented property can also constitute
infringement under patent law.

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Solution:
Defences of Trademark:
The defendant may set up following defences in an action for infringement against him
depending upon the applicability of the relevant defense to his case:
(i) The plaintiff in the suit has no title to sue-questioning. The proprietorship of the trademark
owner may do this.
(ii) The use of the mark by the defendant is not an infringement or it protected by the
provisions of section 30 which lists out the acts which do not constitute infringement.
(iii) The defendant’s right to use the contested mark arises by virtue of concurrent registration.
(iv) The defendant is the prior-user of the disputed mark.
(v) The defendant has been an honest concurrent user.
(vi) The use complained of in merely the defendant’s Bonafide use of his own name, address
& description of goods which are protected by the Act.
Solution:
Civil Remedies in enforcement of IPR:
Injunction:
 An injunction is an order of a court prohibiting someone from doing some specified act or
commanding someone to audio some wrong or injury.
 Generally it is a preventive and protective remedy aimed at preventing future wrongs.
Injunctions are of two kinds:
Temporary / Interlocutory Injunctions:
 These are the Court orders which are in force for a specified time or until further orders of
the Court.
 An interlocutory injunction may be granted at any time during the proceedings of the suit.
Final Injunction:
 Such injunction is granted at the termination of the trial.
 The time for which the final injunction is in force is the remaining term of the patent at the
time of grant of the final injunction.
Damages:
 The damages are awarded to compensate for the loss or injury suffered by the plaintiff due
to the action of the defendant.
 The amount of damages awarded is proportionate to the injury suffered by the part and
shall be such sum of money which will put the injured party in the same position as he would
have been in, if he had not encountered the wrong.

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Account of Profits:
 Section 108 provides that the Court may either award damages or account of profits but
both of them cannot be claimed together. The plaintiff has to prefer either of the two.
 The account of profits are determined on the basis of actual use of the patentee’s invention
by the infringers during the period of commission of the act of infringement.
 Account of profits is the part of profits which can be attributed to the use of the patentee’s
invention by the infringer.
Solution:
Advantage of Licensing:
• 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 has
inventions or IPR, he may transfer the licensing rights to someone, who is willing to
commercialize & market the 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 valuable technology will make it easier for the licensee to get finance & finally cash the
market opportunities by timely commercializing the product.
Solution:
Objective and Principles of IPR:
Intellectual property law is that area at law that deals with "A category of intangible rights
protecting, commercially valuable products of the human intellect.
Objectives of IPR:
(1) To incentive creativity
(2) Serve the public interest by facilitating Economic Growth.
(3) It aim to product the property rights of owners of IPR so that they may reap the benefits
of their creativity.
(4) It is also argued that IP intensive industries promote economic growth.

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Principles of IPR:
(1) Since IP rights give monopoly the owner can be able to control the market price.
(2) Can be able to introduce quality control mechanisms.
(3) The owner of the IP Rights can also be able to carry out research & development.
(4) Intellectual property rights are crucial for technology transfer since they guarantee the
owner of rights of business monopoly for a period of time.
Solution:
Categories of 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).
A variety of such licensing agreements are available, which may be broadly categorized as
follows:
(1) Technology License
(2) Joint Venture License
(3) Franchising or Trademark License
(4) Copyright License.
• In practice, sometimes all IP Rights from the part of one agreement.
• These types of agreements are often, observed in mergers & acquisitions, joint ventures or
take overs.
• In the international context a formal licensing agreement is possible only if the IPR Licensor,
who wishes to license, is also protected in the other country or countries of interest.
• If IP is not protected in other country or countries then licensing in that country is not
possible as licensor would have no legal right to put any restrictions on its use by any other
party.
• 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 too parties & contains terms and
conditions so agreed upon.
• Through a technology licensing agreement it is possible to improve the quality of existing
product or develop & manufacture a new product by using the patents or table or trade
secrets owned by others.

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Solution:
Domain Related Issues:
• With the advancement of e-commerce the domain name have come to acquire the same
value as a trademark or the business name of a company.
• The value attached to domain names makes it lucrative for cyber criminals to indulge in
domain name infringement and the global nature & easier & inexpensive procedure for
registering domain names further facilities domain name infringements.
• When a person gets a domain name registered in bad faith i.e. in order to make huge profits
by registering a domain name corresponding to a trademark of another person, with an
intent to sell the domain name to the trademark owner at a higher price. Such activities are
known as Cyber Squatting.
• In India the domain name infringement cases are dealt with according to the trademark law.
• For settlement at disputes, WIPO has introduced a new mechanism called ICANN for
settlement of disputes relating to domain names. As the partiers are given the right to file
the case against the decision of ICANN in their respective Jurisdictions.
Solution:
Roles 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 is, 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 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) Certifying Authority (CA) like Verisign,
Thawte or Comodo, or an individual (private) Certificate Authority (CA) configured inside for
our network.
• Certifying Authority (CA) is a critical security service in a network.
• 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 and have been invoked and therefore
should not be relied by anyone.

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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.
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.

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Solution:
Purpose of Cryptography in Digital Signature:
 A Digital Signature is an Electronic Signature that can be used to authenticate. The identity
of the sender of a message or the signer of a document and possibly to ensure that the
original content of the message or documents that has been sent is unchanged.
 Digital Signature employ a type of Asymmetric Cryptography. The scheme typically consist
of three algorithms.
 A Key Generation Algorithms that selects private key uniformly at random from a set of
possible private keys. The algorithms outputs the private key & a corresponding public key.
 A signing algorithm that given a message & a private key, produces a signature.
 A signature verifying algorithm that given a message, public key & a signature, either accepts
or rejects the message’s claim to authenticate.
Solution:
Certifying Authority to issue Digital Signature Certificate:
• Any person may make an application to the Certifying Authority for the issue of a Digital
Signature Certificate in such form as may be prescribed by the Central Government.
• Every such application shall be accompanied by such fee not exceeding twenty-five
thousand rupees as may be prescribed by the Central Government, to be paid to the
Certifying Authority Provided that while prescribing fees under sub-section (2) different fees
may be prescribed for different classes of applications.
• Every such application shall be accompanied by a certification practice statement or where
there is no such statement, a statement containing such particulars, as may be specified by
regulations.
• On receipt of an application under sub-section (1), the Certifying Authority may, after
consideration of the Certification practice statement or the other statement under sub-
section (3) and after making such enquiries as it may deem fit, grant the Digital Signature
Certificate or for reasons to be recorded in writing reject the application.
• Provided that no Digital Certificate shall be granted unless the Certifying Authority is
satisfied that –
(i) The application holds the private key corresponding to the public key to be listed in the
Digital Signature Certificate.
(ii) The applicant holds a private key, which in capable of creating a digital signature.
(iii) The public key to be listed in the certificate can be used to verify a digital signature
affixed by the private key held by the applicant: provided further that no application
shall be reject unless the application has been given a reasonable opportunity of
showing cause an against the proposed rejection.

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Solution:
Certifying Authorities:
A Certifying Authority is a trusted body whose central responsibility is to issue, revoke, renew
and provide directories of Digital Certificates. Certifying Authority means a person who has been
granted a license to issue an Electronic Signature Certificate under Section 21.
The functions of the Controller are:
• To exercise supervision over the activities of the Certifying Authorities.
• Certify Public Keys of the Certifying Authorities.
• Lay down the standards to be maintained by the Certifying Authorities.
• Specify the qualifications and experience which employees of the Certifying Authorities
should possess.
• Specify the conditions subject to which the Certifying Authorities shall conduct their
business.
• Specify the content of written, printed or visual material and advertisements that may be
distributed or used in respect of an Electronic Signature Certificate and the Public Key.
• Specify the form and content of an Electronic Signature Certificate and the Key.
• Specify the form and manner in which accounts shall be maintained by the Certifying
Authorities.
• Specify the terms and conditions subject to which auditors may be appointed and the
remuneration to be paid to them.
• Facilitate the establishment of any electronic system by a Certifying Authority either solely
or jointly with other Certifying Authorities and regulation of such systems.
• Specify the manner in which the Certifying Authorities shall conduct their dealing with the
subscribers.
• Resolve any conflict of interests between the Certifying Authorities and the subscribers.
• Lay down the duties of the Certifying Authorities.
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.
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.

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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 akin 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:
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;

21
(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.
Q.7. Attempt Any Three Questions: (15 Marks)
Solution:
Trademark:
A trademark is a distinctive sign that identifies certain goods or services as those produced or
provided by a specific person or enterprise.
It may be one or a combination of words, letters & numerals. They may consist of drawings,
symbols, three dimensional signs such as the shape packaging of goods, audible, signs such as
the shape & packaging of goods audible signs, such as music or vocal sound, fragrances or
colours used as distinguishing features. It provided protection to the owner of the mark by
ensuring the exclusive right to use it to identify goods or services or to authorize another to use
it in return for payment.
There are some images depicting trademarks:
It helps consumers identify and purchase a product or service because its nature & quality,
indicated by its unique trademark, meets their needs.

22
Solution:
Domain Name as Intellectual Property:
Domain names have become increasingly valuable assets, in some respects more valuable than
trademarks. A domain name may identify not only the source of the goods, services, business
ort information, but also the virtual location of the source, much as an address or Telephone
No. To register a domain the name it needs to match either a trademark registered in Macau or
the trade name of a company incorporated in Macau. Applicants will need to register in
sequence "Com. No." & "Tel. No.".
The duration of a domain name registration is valid for 3 years the registration fee is charged on
a yearly basis. From the date of the domain name registration & must submit the payment
within sixty days prior the expiry.
Solution:
Steps To Register A Design:
Steps to register a design are as follows:
STEP 1: Finding out whether any registration already exists.
The designs office can assist you to search whether the designs has been previously registered.
If the registration numbering known, Form No. 6 should be files along with the prescribed fees
of Rs. 500.
STEP 2: Preparing a representation of the Design.
A representation is the exact of the article on which the design has been applied. It should be
prepared on white A4 Size paper of durable quality.
STEP 3: Identifying the class a design. Designs are required to be categorized separate classes in
order to provide for systematic registration.
STEP 4: Providing a statement of novelty. A statement of novelty should be included on the
representation of a design as per the act in order to specify the claim.
STEP 5: Including a disclaimer: If the ornamental pattern on an article is likely to be confused
with a trademark, suggests any mechanical action or contains words, letters, numerals, etc., a
disclaimer should be included in the representation.
STEP 6: Claiming a priority data if you have for protection of the design in convention countries
or countries which are members of inter-governmental organizations, you can claim registration
of the design citing date in India.
STEP 7: Determining the fee to be paid.
STEP 8: Ensuring all enclosures are attached.

23
STEP 9: Complying with Objection.
STEP 10: Providing Full Details.
Solution:
Criminal Remedies for Copyright Violation:
Criminal Remedies for Copyright Infringement prevents the unauthorized use of copyrighted
work by defining certain violation of copyright to be criminal wrongs which are liable to be
prosecuted & punished by the state.
Under the Copyright Act, 1957
The following remedies are provided for infringement:
• Imprisonment upto 3 years but not less than 6 months.
• Fine which may not be less than 50,000 but may extend upto 2,00,000.
• Search & seizure of infringing goods.
• Delivery of infringing goods to the copyright owner.
Solution:
Verification Process of Digital Signature:
Verifying a signature means to check the signature validity & whether any changes have been
made to the PDF document since it was signed.
To Verify a Signature:
1) Open a PDF document containing a Digital Signature.
2) Right-Click a signature on the page & then select verify signature from the Shortcut Menu.
The Validation Status Information Box shows the result.
3) Click properties for more information about the signature. If the validity status is unknown,
you will have no verify the signature by contacting the signer. Click verify to see if the user
has entered contact information. If so, you can confirm the signature’s origin by matching
certificate numbers. If there is no contact information for a known signer, use alternate to
verify the signature.

24
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".
***

IPR & Cyber Laws (October - 2017) [CBSGS - Paper Solution]

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IPR & Cyber Laws (October - 2017) [CBSGS - Paper Solution]