IPR and Cyber Unit 1-6 Notes 2017-18

Mumbai University – T.Y. B.
Sc(IT) Sem VI
IPR CYBER LAW UNIT 1 to 6

By. Prof. Tirup Parmar
tirup1488@gmail.com
Video Lectures on -
https://www.youtube.com/c/TirupParmar
2017 - 18
IPR and CYBER LAW notes
UNIT TOPICS PAGE NO.

UNIT - 1 Unit-I-Intellectual Property: Introduction, Protection of Intellectual
Property Copyright, Related Rights, Patents, Industrial Designs, Trademark, 03
Unfair Competition
UNIT - 2 Unit-II - Information Technology Related Intellectual Property Rights
Computer Software and Intellectual Property-Objective, Copyright 27
Protection, Reproducing, Defences, Patent Protection. Database and Data
Protection-Objective, Need for Protection, UK Data Protection Act, 1998,
US Safe Harbor Principle, Enforcement. Protection of Semi-conductor
Chips-Objectives Justification of protection, Criteria, Subject-matter of
Protection, WIPO Treaty, TRIPs, SCPA. Domain Name Protection-
Objectives, domain name and Intellectual Property, Registration of domain
names, disputes under Intellectual Property Rights, Jurisdictional Issues,
and International Perspective.
UNIT - 3 Unit-III - Patents (Ownership and Enforcement of Intellectual Property)
Patents-Objectives, Rights, Assignments, Defences in case of Infringement 63
Copyright-Objectives, Rights, Transfer of Copyright, work of employment
Infringement, Defences for infringement Trademarks-Objectives, Rights,
Protection of good will, Infringement, Passing off, Defences. Designs-
Objectives, Rights, Assignments, Infringements, Defences of Design
Infringement
UNIT - 4 Unit-IV - Enforcement of Intellectual Property Rights - Civil Remedies,
Criminal Remedies, Border Security measures. Practical Aspects of 80
Licencing – Benefits, Determinative factors, important clauses, licensing
clauses.
UNIT - 5 Unit-V - Cyber Law: Basic Concepts of Technology and Law :
Understanding the Technology of Internet, Scope of Cyber Laws, Cyber 95
Jurisprudence. Law of Digital Contracts: The Essence of Digital Contracts,
The System of Digital Signatures, The Role and Function of Certifying
Authorities, The Science of Cryptography. Intellectual Property Issues in
Cyber Space: Domain Names and Related issues, Copyright in the Digital
Media, Patents in the Cyber World. Rights of Netizens and E-Governance:
Privacy and Freedom Issues in the Cyber World, E-Governance, Cyber
Crimes and Cyber Laws
UNIT – 6 Unit-VI - Information Technology Act 2000 : Information Technology Act-
2000-1 (Sec 1 to 13), Information Technology Act-2000-2 (Sec 14 to 42 and 120
Certifying authority Rules), Information Technology Act-2000-3 (Sec 43 to
45 and Sec 65 to 78), Information Technology Act-2000-4(Sec 46 to Sec 64
and CRAT Rules), Information Technology Act-2000-5 (Sec 79 to 90),
Information Technology Act-2000-6 ( Sec 91-94) Amendments in 2008.
Queries? Ping me on – tirup1488@gmail.com

For video lectures - https://www.youtube.com/c/TirupParmar 2
Unit-I - Intellectual Property

Q. 1. Explain the concept of Intellectual Property Rights?

Intellectual property rights (IPRs) are the rights given to people over the creations of their minds. With
rights in hand, through the exploitation of intellectual property the individuals or business organizations
earn profits either through manufacturing or licensing and which is a reward for their innovative efforts
and acts as stimulus to R&D efforts.
Intellectual property acts as:
1. Stimulus to innovations
2. Vehicle for technology transfer
3. Attraction for financing.
Differentiation is the key to business competitiveness. The Differentiation may be achieved through
product, experience, technology or way the things are performed and exhibited to satisfy the customers.
However, all this amounts to the knowledge, which in today’s highly dynamic and competitive business
environment is the key source of competitive strength to the organizations. The knowledge acquired by
the employees of an organization through hard work, experience and inventions is the intellectual capital
of the firm or an individual, which needs to be captured, preserved and protected for future use such
that it is not being used by the rivals.
The intellectual capital includes Patents, Copyrights, Designs, Trademarks, Business Secrets, Product
Ideas and Business Processes. Intellectual Capital is intangible wealth that helps the organization access
to the markets, preserve exclusive markets and maintain the profits. Hence, the organizations today
need to preserve these rights through legal framework, so as to protect it from infringement or misuse
by the competitors.
Intellectual property is a legal concept that deals with the creations of human ingenuity. Such creations,
whether they be inventions, designs, trademarks or artistic works, such as music, books, films, dances,
sculptures or photographs are considered and protected as property for a certain period of time,
provided the creators meet certain criteria, for example, originality, defined by the relevant laws.
Q.2 Explain the need to protect Intellectual Property.

For many businesses, intellectual property protects more than just an idea or a concept – it protects
genuine business assets that may be integral to the core services of the business and overall long-term
viability.
Intellectual property can consist of many different areas, from logos and corporate identity through to
products, services and processes that differentiate your business offering. It’s when these ideas are
used without permission that an organisation can suffer.
Almost all businesses have undoubtedly benefited from the Internet, where products, services and
marketing communications can reach vast audiences at relatively low costs - but this has also increased
the chances of IP theft.
Companies of all sizes are at risk of having their unique ideas, products or services infringed upon, even
if they are on the other side of the world, making IP protection more important than ever.
Keep your ideas
When you have a great idea for a product or service, there will always be people who will want to
duplicate your success and sell your ideas as their own.
Depending on individual circumstances, you can use patents, trademarks or copyrights – all of which
cover different areas of intellectual property. These can be used to prevent competitors or anyone else
from using your ideas for their own profit without your consent.
IP protection applies to businesses of all sizes; even huge corporations have had their ideas infringed
upon and have made multi-million pound lawsuits; just look at the on-going disputes between Apple
and Samsung over their smartphones.
Protect business growth
If you are a small business, it’s very important to protect any unique products or services that you own
as competitors can use your success to take away market share, resulting in slow growth or loss of
revenue.
Losing market share early on in a business’s development can be devastating and time consuming if
trying to chase up the guilty party without any legal protection.
It’s important to remember that no one else will check to see if your intellectual property has been
infringed; it’s your responsibility to ensure that no one else is using your assets.
Types of protection
What's protected Type of IP

What it means Example
protection
Product designs Registered The visual appearance of a iPod
design product is protected, but kitchen appliances
not the way it works. footwear
fashion items
Logos, words letters, numbers, Trade mark A trade mark identifies the Qantas
colours, a phrase, sound, scent, particular goods or services Lonely Planet
shape, picture, aspect of of a trader as distinct from
packaging or branding - or any those of other traders.
combination of these
Inventions and new processes Patent A patent protects how an Polymer bank notes
invention works or Anti cervical cancer
functions. drug, Gardasil
Drawings, art, literature, music, Copyright The owner's original Games of Thrones TV
film, broadcasts, computer expression of ideas is series
programs protected, but not the
ideas themselves.
Trade secrets and confidential Other These types of IP rights Coca Cola has used
information give creators certain rights trade secrets to keep
and privileges depending its formula from
on the type of IP becoming public for
protection. decades.
New plant variety Plant Plant Breeder's rights Cotton plants with
Breeder's protect the commercial insect resistance and
Rights rights of new plant the pink iceberg rose
varieties
Q. 3. What is the objective behind Patent Law?

Definition of Patent:
Patent means a grant of some privilege, property or authority made by the Government or the Sovereign of
the country to one or more individuals. The instrument by which such grant is made is known as “patent”.
Objectives of the Indian Patent Act 1970:

In order for the Indian Patent Act to be successful following are the objectives:
1. Import of various product should be excluded from the definition of invention.
2. The Government of India (GOI) should give certain privileges and incentives to encourage inventors to
invent new products.
3. All inventors should not disclose trade secrets about their inventions.
4. The inventors are encouraged to invent new and useful in case of manufacturing products.
5. The main purpose of an invention is not only to protect its owners but also to encourage true and fair
competition in the field of technology.
Q. 5. What are the basic principles of patent law?

Invention must be new, useful and non-obvious
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 art. What is obvious to a person skilled
in the art cannot be patented. For instance, an invention in carpentry may be non-obvious to a layman
but it may be obvious to a carpenter of average skill. Such obvious invention would not be patentable.
‘Capable of industrial application’ means that the invention is capable of being made or used in an
industry.
Therefore, for getting a patent, there must be an “invention” and that invention must be patentable;
that is—
1. It must be novel

2. It must involve on inventive step

3. It must be capable of industrial application
4. It must not fall within any of categories of subject-matter specifically excluded or made subject
to exception.
Q. 6. Explain the features of patent Law?

India is committed to making its patent laws compatible with the TRIPS Agreement under WTO
by 2005 and have incorporated all changes in the Patent Act, 1970 through various amendments. The
salient features of the new Act are:
Q. 7. What are the contents of Patent Specification?

The contents of the complete specification:
1. The invention shall be titled sufficiently indicating the subject-matter to which the invention
relates.
2. The full and particular description of the invention and its operation or use and the method by
which it is to be performed.
3. The disclosure of the best method of performing the invention which is known to the applicant
and for which he is entitled to claim the protection.
4. The claims defining the scope of the invention for which the protection is claimed.
5. The specification shall be accompanied by an abstract to provide technical information on the
invention.
6. In case of an international application designating India the title, description, drawings, abstract
and claims filed with the application shall be taken as a complete specification.
7. The claim(s) of a complete specification shall relate to a single invention, or to a group of
inventions linked so as to form single inventive concept, shall be clear and succinct and shall be
fairly based on the matter disclosed in the specification.
8. The declaration as to the inventorship of the invention, shall be furnished within the period
prescribed after filing of the specification.
9. The complete specification filed after a provisional specification may include claims in respect of
developments of, or addition to the invention which was described in the provisional
specification, being developments or additions in respect of which the applicant would be
entitled under the provisions of section 6 to make a separate application for a patent.
Q. 8. Explain patent application procedure.

Step 101
File a patent application in the IPO.
Step 102
File an early publication request.
Filing an early publication request is an optional step. This request is filed to have your patent application
published early. Filing an early publication request helps in expediting the patent examination process.
Step 103
If you file an early publication request, then your patent application will be published by the IPO,
generally, within 1 week from the data of receiving the request.
Step 104
If the early publication request is not filed, then the IPO publishes your patent application after 18
months from the priority date.
Step 105
File a request for examination. This request can be filed within 48 months from the priority date. Note
that the IPO will not examine your patent application, unless this request is filed. Hence, if you wish to
expedite the patent process, early filing of the examination request is advised.
Step 106
Once the IPO receives your request for examination, the IPO puts your application in queue for
examination. Subsequently, your patent application will be examined by the IPO. In light of the
examination, if the IPO is of the opinion that your patent application satisfies all the requirement of
patentability, then a patent is granted to your invention.

Step 107
On the other hand, after examining your application, if the IPO is of the opinion that the requirements
of patentability are not met, then a First Examination Report (FER) is issued.
Step 108
You will have to respond to the FER within 12 months from the date of the FER. However, it is advisable
to respond as early as possible. By responding early, you provide an opportunity to the IPO to issue
another examination report if the IPO is not convinced by your response to issue a patent.
Please note that issuance of subsequent examination reports by the IPO and responding to the same by
the applicant can occur within 12 months from the date of the FER.
Also, note that you can request the IPO for a hearing and the IPO is obligated to provide you the same.
Step 109 and 110
In light of the communication with the IPO, the IPO can either grant a patent or reject granting of a
patent.
Note that, if the IPO does not grant a patent, then you may, if you wish, appeal against the decision of
the IPO. The Intellectual Property Appellate Board (IPAB) is authorized to hear such appeals.
Q.9. Explain method of drafting patent specification.

1)Patent Specification/Disclosure/Description: The written description followed by the front page is
called a patent specification. Basically, a patent specification is a written description of the invention and
the way of representation and process of making and using the same. A patent specification consists of
general description of the invention, claims and drawings.
2) ANATOMY OF A PATENT SPECIFICATION
A Patent Specification has several sections and seems more complicated unless you understand the
basic structure of a patent application. Some of the basic structures are reproduced below:


Q. 10. What is the difference between provisional & complete

specification of a patent?
Provisional specification
While an inventor is in the process of finalizing his invention, he may file a specification known as
‘Provisional Specification’ which is not a full and specific description. It contains only a general
description of the invention, its field of application and anticipated results. The Provisional Specification
need not contain the claim(s).
Complete specification
The Complete Specification is the full description of the invention containing all the claims over which
the applicant seeks monopoly right. The object of a complete specification is to define clearly and with
precision the monopoly claimed so that others may know the exact boundaries of the monopoly right of
the applicant.
Q. 11. Discuss different types of claims in Patent Specification & their

importance.
CLAIMS
The claims constitute the most important part of the specification due to the fact that the validity of a
patent is often attacked both in the opposition proceedings before the Controller and in infringement
proceedings before courts on the ground of some error(s) in the claim.
The claims can be categorized as:
1. Claim which is the main claim – it should state what the invention is in the broadest possible
terms.
2. Subordinate claim(s) – which claim(s) refer to the additional feature(s) of the invention.
3. Omnibus claim – which relates to any arrangement substantially as described and as shown in
the drawings.
The omnibus claim protects the applicant from infringement of his invention by creation of equivalent
alternatives.
The claims should be drafted in such a manner that designing around the patent is not easily possible.
When question arises as to what forms part of claims and what not, the construction of the claims
assumes importance.
Q. 12. What is a copyright? What are its characteristics? Or

What is Copyright? Explain with suitable example.
MEANING OF 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.

1. 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.
2. 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 utilisation and investment of intellect.
3. 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.
4. 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.
5. 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.
6. 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 paper back
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.

7. Neighbouring 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 “neighbouring rights”.
Q. 13. List the main features of Copyright Act of 1957.
Q. 14. What is a trademark? What are its functions?

‘TRADE MARK’
A consumer is duped if he buys a commodity presuming it to have originated from a certain identified
source when actually it is not, and later he finds the commodity substandard. In the process, the
reputation of trader suffers. The interests of both the consumer and the trader can be saved if some
definite symbol which marks out the origin of goods from a definite trade source is attached with the
goods emanating from such source. Such a symbol is called a trade mark.

Q. 15. List out the basic principles of trademark.

The following are the basic principles of trademark:
1) A trademark is a sign, device, or mark by which the goods produced or services dealt in by a
particular person are distinguished from those produced or dealt in by others. A trademark can
be a word, logo, design, slogan, letters, numbers, shapes or containers (perfume bottles), music
(Maxwell House coffee perk/drip music), or sounds (Harley-Davidson motorcycles - after market
exhaust pipe and stock exhaust pipe sounds are protected by trademark. You will often see the
terms “trademark” and “service mark” used interchangeably and should know that the
protections are essentially the same with the only real difference in the two being that one is
applicable to goods and one to services. It is important to note in the age of cyberspace that
domain name disputes will involve the application of trademark law, since a problematic domain
name may contain one or more trademarks.
2) Few basic elements must be kept in mind for the design of a good trademark. Trademarks
should be inherently distinctive, be easy to memorize and pronounce,
fit the product or image of the business have no legal restrictions, and have a positive
connotation.
3)Exclusivity is Limited
Trademark owners do not get exclusive use of a mark. The exclusivity that an owner receives by
virtue of its trademark protection is only specific to a certain field of goods and services. For
example, Delta is used by both Delta Faucets and Delta Air Lines, but each is exclusive to the
type of goods and services offered by each company. Under trademark law the ability of a
trademark owner to prevent third party use of its marks is greatly impacted by the goods and
services in which the third party deals and whether or not the third party is attempting to trade
on the owner’s mark by implying an endorsement of the third party by the owner of the
trademark or by implying an affiliation or connection with the owner of the mark that does not
exist.
4) Neither state nor federal registration of a mark is required for trademark protection to exist.
While it may be desirable to have a state registration with the appropriate Secretary of State’s
Office in order to put the public on notice of an owner’s rights in a mark, it is not required for
protection of the mark to exist under law.
5) Trademark Protection is Country Specific
Registration of a mark with the PTO provides protection only in the United States. Similarly,
registration in other countries provides protection only in those specific countries. While there
are conventions and treaties in place harmonizing the procedural formalities of registration
between various countries, protection does not exist in a country until use of the mark and/or
registration has taken place in that country in compliance with that country’s laws on
trademark protection.
6) Likelihood of Confusion is the Test for Trademark Infringement
To prevail on a claim of trademark infringement, a plaintiff must show that it owns a
protectable mark and that there is a likelihood of confusion as to the origin, affiliation, or
sponsorship of the defendant’s product. Likelihood of confusion is determined through a
balancing test of several factors, including (i) strength of the mark, (ii) proximity of the goods,
(iii) similarity of the marks, (iv) evidence of actual confusion, (v) channels through which the
goods are marketed, (vi) the type of goods and the degree of care likely to be used by the
relevant consumer, (vii) the intent of the defendant in selecting the mark, and (viii) the
likelihood of expansion of the product
Q.16. Discuss the role of trademark and its usefulness in marketing?

1) Trademarks have enormous value for the enterprise. These are the marks that are external to
the goods to make public identify certain quality and image associated with that product or
service.
2) Trademark is an important means of promoting goodwill with the clients and improving the
bottom line.
3) Trademarks are used as product differentiator. It speaks about the product origin and its quality.
4) It is a valuable marketing tool in today’s competitive markets. It has a legal protection to keep
others away from using it.
5) The good trademarks are associated with quality, security and even sense of belonging in the
minds of consumers for that product. Few trademarks like those of Tata, Godrej, Parley’s, IIM,
embody the goodwill of the company and the institution they represent.
6) Presence of a lot of trademarks in the market also signifies the freedom of choice to consumers.
7) A registered trademark gives legal right to use, licence or sell within its territory, country or region
for the goods and services for which it is registered.
8) These play a pivotal role in the marketing strategy of differentiating products from those of
rivals and
9) in developing longer-term positive– and often emotional – relationships with customers by
communicating an assiduously nurtured image or reputation. Every business must woo
customers to move them quickly from brand awareness, via brand recognition, to brand
preference and finally to brand insistence, a point at which the consumer refuses to accept
alternatives and is willing to pay an even higher premium for the desired branded product.
Q. 17. What are trademark rights? How are they acquired?

Trademark rights arise automatically as a result of using a mark on the goods or services. Registration is
not mandatory. However, without obtaining registration of the mark, the owner’s rights are limited to
the geographic area in which the mark has actually been used. Two or more parties can simultaneously
use the same mark for the same goods or services in different parts of the country without infringing
each other’s rights. The major benefits of registration are:
1. Owner has nationwide priority rights to use the trademark,

2. Prevents anyone else in the region/country from using the mark for similar goods or services,
3. Owner is legally protected having a considerable advantage in any contest over trademark rights.
For obtaining registration for a mark, it must be used on the goods or services followed by filing an
application to “reserve” the right to use a particular mark by stating in the application that one has a
bona fide intention to use the mark. The applicant then has six months from the date the application is
accepted or “allowed” to actually begin using the mark and file a “statement of use” with the Trademark
Office. This deadline can be extended. Once the mark is registered, the owner has the right to use the
“®” symbol.
Q. 18. Discuss the features of Indian Trade Mark Act.

The salient features of the Indian Trade Mark Act are:
Definition of trademark to include registration of shape of goods, packaging and combination of

colours. “Trade Mark” shall now include services as well. All 42 international classifications of goods
shall now be applicable in India as well and it would be possible to register trademark in respect of service
categories.

Q. 19. List out the basic principles of design rights.

Q.20 What is unfair competition? How to protect from it?

Unfair competition or distortion of competition is a situation in which competitors compete on

unequal terms because favorable or disadvantageous conditions are applied to some competitors but
not to others. The concept can also refer to situations in which the actions of some competitors
actively harm the position of others with respect to their ability to compete
on equal and fair terms.
Q. 21. Discuss “International Background of intellectual property

rights”.
 International intellectual property law is a patchwork area of intersecting multilateral and
bilateral agreements and their resulting harmonization of national laws.
 It has become an increasingly important and frequently litigated area, particularly in the patent,
copyright, and trademark arenas.
 In addition, in the past few decades, there have been louder calls for the protection of domain
names, databases, software, and traditional knowledge.
 Many of these cutting edge intellectual property issues are addressed on an international level
through the World Intellectual Property Organization (WIPO).
 Along with new forms of protection, the trend towards globalization in the trade arena has had a
direct effect on the harmonization of national intellectual property laws through the World Trade
Organization (WTO) and regional trade organizations.
 Intellectual Property is a frequently used term without a particularly concrete definition. In
general, it is defined as products of the mind. Such products could be the trade name

“McDonalds”, a treatise on economics, a database of soup recipes, an invention to sort DNA

strands, or the design of a restaurant.
 Intellectual property law concerns itself with the protection of these products.
 The most common forms of protection are patent, copyright, trademark, and trade secret law.
Other areas of intellectual property law include rights of publicity, moral rights,
misappropriation, unfair competition, geographic indications of origin, database protection,
licensing, trade dress, plant variety protection, integrated circuit protection, and paracopyright
(including laws that prohibit circumventing anti-piracy technology).
 In doing international intellectual property research, one will often see terms such as
“neighboring rights” (sound recording performances and other works seen as needing less
protection than copyright in civil law countries) and “industrial property” (patents and
trademarks as distinguished from copyrights, neighboring rights, and other methods of protecting
artistic works).

Q-22) Discuss the role of trademark and its usefulness in marketing?

(2016)
1. Trademarks have enormous value for the enterprise. These are the marks that are external to
the goods to make public identify certain quality and image associated with that product or
service.
2. Trademark is an important means of promoting goodwill with the clients and improving the
bottom line.
3. Trademarks are used as product differentiator. It speaks about the product origin and its quality.
4. It is a valuable marketing tool in today’s competitive markets. It has a legal protection to keep
others away from using it.
5. The good trademarks are associated with quality, security and even sense of belonging in the
minds of consumers for that product. Few trademarks like those of Tata, Godrej, Parley’s, IIM,
embody the goodwill of the company and the institution they represent.
6. Presence of a lot of trademarks in the market also signifies the freedom of choice to consumers.
7. A registered trademark gives legal right to use, license or sell within its territory, country or region
for the goods and services for which it is registered.
8. These play a pivotal role in the marketing strategy of differentiating products from those of
rivals and
9. in developing longer-term positive– and often emotional – relationships with customers by
communicating an assiduously nurtured image or reputation. Every business must woo
customers to move them quickly from brand awareness, via brand recognition, to brand
preference and finally to brand insistence, a point at which the consumer refuses to accept
alternatives and is willing to pay an even higher premium for the desired branded product.
Q-23) International background of intellectual property rights?

Ans:
Knowledge of international background:
• Key issues when exporting:
– identifying export markets
– estimating demand
Firstly, IP is an important consideration in some of the above points:
1)Pricing of the product will partly depend on the extent to which the trademark is recognized and
valued by consumers, and the extent to which product will face competition from rival products

2)Adaptation of product / brand / design / packaging, will involve creative or inventive work that may
be protected through the IP system
3)finding local partners and channels of distribution
– adapting the product / design / brand / packaging
– contractual agreements with export sales reps, distributors, licensees, local
manufacturers, etc
4)determining price
– making transport arrangements
– advertising and marketing the product.
IP protection is territorial
Example: if you have applied for and obtained patent protection for your innovative
product in your own country, you will NOT benefit from similar protection in other countries
unless you have also obtained protection in those countries.
Exceptions:
– Copyright and related rights:
automatic protection in over 150 countries
– Trade secrets: no formal registration.

Unit-II- Information Technology Related Intellectual Property Rights
Q. 1. Explain computer software as Intellectual Property and its

protection.
Definition of s/w
s/w is a series of instructions joined together in a language which is understandable by the

programmer or the operator on one hand and translated into a language understood by the computer
on the other.
s/w is the outcome of creation of human intellect which has got practical utility as well as some
commercial value , hence it is considered as IP. It is in fact IP related with IT.
Under the Berne Convention (international copyright convention) copyright protection covers all “ literary
and artistic works”. This includes creativity in writings, both fiction and non-fiction, including scientific
and technical texts and computer programs, databases that are original due to selection or arrangement
of their contents.
Protection of computer s/w

Three types of protection is granted to computer s/w as IP related with IT
1) Copyright (2) Patent. (3)Trade secrets.


Q . 2. Explain protection of copyrights in digital media.

Protection of copyrights in digital media
a)WIPO treaty- the WPPT and WCT treaty.
b) Digital Millennium Copyrights Act (DMCA) of 1998
c) 1997 No Electronic Theft Act
a) WIPO treaty- the WPPT and WCT treaty.

b) Digital Millennium Copyrights Act (DMCA) of 1998

c) 1997 No Electronic Theft Act
Q . 3. Explain patent protection.

Ans:
What is a patent:
A patent gives the inventor an exclusive right to use his invention. An invention which is new and
involves an inventive step can be patented in Hong Kong by registration as long as it is susceptible of
industrial application and does not belong to the excluded classes of inventions. A patent protects your
invention by giving you, the patent owner, a legal right to prevent others from manufacturing, using,
selling or importing your patented invention.
Why register a patent?

If you are granted a patent, you will have the exclusive right to use the invention. If other people use it
in the course of trade or business in Hong Kong without your consent, they may be liable for
infringement of your patent and you may take legal action against him.

Types of patents:
Standard and short-term patents
There are two types of patents in
 standard and
 short-term
The period of protection of a standard patent can be renewed annually after the end of the third year,
up to maximum term of 20 years. Protection under a short-term patent is renewable after the end of
the fourth year, up to a maximum term of eight years.
What happens to an application for registration of a patent after it is filed with the Registry?
The process of examining an application for a patent is divided into the following stages:
 examination of the filing date,
 formality examination,
 publication of the patent application or grant of patent, and issue of certificate of grant of patent
(only applicable to request for registration and grant of standard patent and application for
short-term patent).
The first stage – examination of the filing date
Shortly after receiving the application, the Registry will send a notice to the applicant, giving the filing
date of the application.
Standard patent application – request to record: filing date
The Registry will accord a filing date to the request to record provided that the request states the name
of the applicant, specifies the designated patent application and includes the designated patent
application number, its publication number and date of publication.
Standard patent application – request for registration and grant: filing date
The Registry will accord a filing date to the request for registration and grant provided that the request
identifies the applicant, specifies the designated patent and includes the publication number of the
request to record, the publication number of the designated patent and its date of publication.
Short-term patent application: filing date
The Registry will accord the short-term patent application a filing date provided that it states the name
of the applicant and a description of the invention is provided.
The second stage – formality examination

After giving the filing date to the applicant, the Registry will examine the formalities of the application.
The formalities are the information required in the application form and the supporting documents.
There is no substantive examination of the application (e.g. the novelty and inventiveness of the
invention) and the Registry does not search records of prior registered patents.
If the application is not in order, the Registry will give notice to the applicant to correct the deficiencies
within two months. Failure to correct deficiencies may result in the application being deemed
withdrawn.
The third stage – publication and grant
If an application is in order, the Registry will publish the patent application or grant a patent, publish the
patent application or advertise the grant by notice in the Hong Kong Intellectual Property Journal
(http://www.ipd.gov.hk/eng/ip_journal.htm) and issue a certificate of grant of patent (only applicable
to requests for registration and grant of standard patent and application for short-term patent).
Usually a certificate of grant of patent can be issued within three months after an application is filed
(only applicable to request for registration and grant and application for short-term patent). The
proprietor of a patent can bring civil proceedings against infringements committed after the certificate
of grant of patent is issued.
Q . 4. Illustrate defenses with respect to computer software as

intellectual property
1) The property generated with the help of human intellect is called IP. Ip is a property in legal sense
and it can be owned, sold, leased or licensed. IP is all about human creativity and innovation.
2) IP is property that results out of intellectual efforts in the practical application of innovative ideas
resulting from human intellect.
3) s/w is a series of instructions joined together in a language which is understandable by the
programmer or the operator on one hand and translated into a language understood by the
computer on the other.
4) s/w is the outcome of creation of human intellect which has got practical utility as well as some
commercial value , hence it is considered as IP. It is in fact IP related with IT.
5) IPR give creators exclusive rights to their creations , thereby providing incentive for the
programmer ( inventor or author) to develop and share information rather than keep its secret.
6) s/w forms the link between computer and user, without s/w it would not be possible for the user
to harness enormous power of computers which seems to have pervaded all aspects of daily life.
7) Today s/w is not only used by computers but also all electronic goods ranging from mobile phones
to calculators.
8) The internet and World Wide Web existence is due to various s/w’s and s/w technologies. Today
s/w business has become extremely competitive, s/w development is a very dynamic field with a
short life span, so there is a need to safeguard the interest of the creator of s/w, so as to give
impetus to future innovation, encourage creativity and investments.
9) Thus as part of emerging technologies and due to its importance in today’s knowledge based
economy it has become necessary to protect s/w under IPR regime.
Q . 5. Explain UK data protection act.
Q) Explain the Rights provided under Data Protection Act.

Rights under the Act

There are seven rights under the Data Protection Act.

1. The right to subject access
This allows people to find out what information is held about them on computer and within some
manual records.
2. The right to prevent processing
Anyone can ask a data controller not to process information relating to him or her that causes
substantial unwarranted damage or distress to them or anyone else.
3. The right to prevent processing for direct marketing
Anyone can ask a data controller not to process information relating to him or her for direct marketing
purposes.
4. Rights in relation to automated decision-taking
Individuals have a right to object to decisions made only by automatic means e.g. there is no human
involvement.
5. The right to compensation
An individual can claim compensation from a data controller for damage and distress caused by any
breach of the act. Compensation for distress alone can only be claimed in limited circumstances.
6. The right to rectification, blocking, erasure and destruction
Individuals can apply to the court to order a data controller to rectify, block or destroy personal details
if they are inaccurate or contain expressions of opinion based on inaccurate information.
7. The right to ask the Commissioner to assess whether the Act has been contravened
If someone believes their personal information has not been processed in accordance with the DPA,
they can ask the Commissioner to make an assessment. If the Act is found to have been breached and
the matter cannot be settled informally, then an enforcement notice may be served on the data
controller in question.
Q. 6. List out seven US safe harbor principles.

• US-EU Safe Harbor is a streamlined process for US companies to comply with the EU Directive
95/46/EC on the protection of personal data.
• Intended for organizations within the EU or US that store customer data, the Safe Harbor
Principles are designed to prevent accidental information disclosure or loss.
• These principles must provide:
Q . 7. Discuss enforcement of data protection

Q. 8.Justify protection of semi conductor chips.

Q . 9. Explain SCPA Semiconductor Chip Protection Act, in detail.

Ans:
• In 1984 the United States enacted the Semiconductor Chip Protection Act of 1984 (the SCPA)
to protect the topography of semiconductor chips.
• A sui generis law
1) Although the U.S. SCPA is codified in title 17 (copyrights), the SCPA is not a copyright or patent law.
2) Rather, it is a sui generis( is a Latin phrase, meaning "of its (his, her, or their) own kind; in a class by
itself; unique".) law resembling a utility model law .
3) It has some aspects of copyright law, some aspects of patent law, and in some ways it is completely
different from either.
SCPA
1) 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.3)
2) Protection continues for ten years from the date of registration.
3) Chip protection is acquired under the SCPA by filing with the U.S. Copyright Office an
application for "mask work" registration under the SCPA, together with a filing fee.
4) The term "mask work" is not limited to actual masks used in chip manufacture, but is defined
broadly in the SCPA to include the topographic creation embodied in the masks and chips.
Moreover, the SCPA protects any physical embodiment of a mask work
Enforcement
• The owner of mask work rights may pursue an alleged infringer ("chip pirate") by bringing an
action for mask work infringement in federal district court. The remedies available correspond
generally to those of copyright law and patent law.
Functionality unprotected
• The SCPA does not protect functional aspects of chip designs. That is reserved to patent law.
Although EPROM and other memory chips topographies are protectable under the SCPA, such
protection does not extend to the information stored in chips, such as computer programs.
Such information is protected, if at all, only by copyright law.

Reverse engineering not prohibited
• The SCPA permits competitive emulation of a chip by means of reverse engineering.
Q. 10. Explain the concept of Semi Conductors? State & explain

Semiconductor IC layout design act?
Ans
 Semiconductor chips are often referred as silicon chip or computer chips or electronic chips
they are the building blocks of electronic and computer equipment.
 Semiconductor chips are manufactured as single devices or integrated circuits which consists of
a number from a few devices to millions of devices manufactured onto a single semiconductor
substrate.

 Semiconductor ‘integrated circuit’ is defined to mean 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.
 The designing of semiconductor chips involves designing of layouts. Layout designs means a
layout of transistors and other circuitry elements and include lead wire to such elements and
expressed in any manner in a semiconductor integrated circuits.
 A mask work is a two or three dimensional layout or topography of an integrated circuit i.e
arrangement on a chip of semiconductor devices such as transistors and passive electronic
components such as resistors and interconnections.
 In India the Semiconductor Integrated Circuits Layout designs Act in 2000, protection is
offered under the Act through registration on the fulfillment of certain conditions.
 In India new, original and distinctive IC’s which have not been commercially exploited
anywhere in India or member states of TRIPS Agreement are offered protection.
 IC’s is considered original if it is the result of creator’s own intellectual efforts and is not
commonly known to the creators of layout designs and manufactures of semiconductor IC’s at
the time of its creation.
 An IC is new and distinctive if it is not a part of the existing knowledge in the public domain and
it is different when compared to the existing circuits.
 The original creators of an integrated circuit , can apply for purpose of registration in the form
LD-1 along with prescribed fee before the Registrar under the Act.
 The application shall be accompanied by a copy of drawing of the design and a sample of the
integrated circuit where it is commercially exploited along with the description with regard to
its functions.
 Application must be made within two years from the date of commercial exploitation of the IC.
 There is a registry by the name of Semiconductor Integrated Circuit Layout Design Registry
which processes application for registration.
 Application without any discrepancies and which are accepted within fourteen days will be
advertised for the purpose of inviting objections or oppositions. Any interested party may file

objections in LD-2 form as prescribed under the Act , within 3 months from the date of
advertisement .
 The application which is not opposed , if opposed decided in favour of the applicant will be
registered.
 On registration , the Registrar issues a certificate to the applicant as an evidence for his
ownership of the registered IC.
 All the registered IC along with the name and addresses of its owners will be entered in the
Semiconductor Integrated Circuits Layout Design Registry kept under the control of the
Registrar.
 Registered integrated circuit shall carry an indication to the effect in the form of a capital’T’. If
the design is registered the IC/semiconductor chip where registered design is used may carry
capital ‘T’ to indicate the registration.
 The owner of the registered design has an exclusive right to produce the design of the chip or
substantial part thereof by producing the chip or a substantial part thereof.
 Sale and purchase of infringed integrated circuits acquired innocently or the exploitation of
integrated circuits for private , research or teaching purpose cannot be considered unlawful
or as an actual infringement.
 The owner of the registered design or circuit enjoys exclusive right to exploit the same for a
period of ten years after the first commercial exploitation , if the exploitation takes place
within 5 years after the year it is created or in any case , 15 years after the year it was created.
The maximum possible protection period is 20 years.
 The Act empowers the government to acquire the design or the chip which is registered.
 There is an Appellate Board under the Act for the purpose of adjudicating the grievances and
complaints with regard to the registration , and the protection of the integrated circuits and
also the matters connected thereof.
 According to Section 56 of Semiconductor Integrated Circuits Layout designs Act in 2000,
infringing a registered layout design knowingly and willfully makes a person liable for
imprisonment up to 3 years or a fine of a minimum of Rs.50000/- and maximum Rs. ten laths
rupees or both.

 Any person making a false representation about a layout design and claiming it to be a
registered layout design , when it is not so, is liable for an imprisonment of up to six months
or a fine of upto Rs.50000/- under section 57.
Q. 11. Write short notes on WIPO Treaty. (WCT and WPPT)

Refer Q-2 (a)
Q. 12. Write short notes on TRIPS.

Ans:
TRIPS – ITS IMPLICATION
1) For the first time in the history of the General Agreement on Tariffs and Trade (GATT), the
Uruguay Round introduced multilateral negotiations on’ trade related intellectual property
rights’. The agreement on the Trade-Related Aspects of IPR (TRIPS) became part of the Final Act
of the round.
2) With WTO and TRIPS an awareness of the importance of IPR was created resulting into the
formation of standards for protection of IP in developing and underdeveloped countries.
3) TRIPS Agreement has now become the most comprehensive and influential international
agreement on IPRs. It establishes minimum standards on IPRs.
4) WTO gives enough flexibility to its members to implement TRIPS Agreement ‘s obligations and
takes policy decisions accordingly.
5) The main provisions of the TRIPS Agreement are:

6) The WTO’s TRIPS Agreement is an attempt to narrow the gaps in the way IPRs are protected around the
world and to bring them under common international laws.
7) The TRIPS Agreement contains detailed provisions on judicial and administrative procedures and other
measures related to the enforcement of IPR.
8) TRIPS Agreement covers 05 broad issues:

(iii) "computer virus" means any computer instruction, information, data or programme that destroys, damages,
degrades or adversely affects the performance of a computer resource or attaches itself to another computer
resource and operates when a programme, data or instruction is executed some other event takes place in that
computer resource;
(iv) "damage " means to destroy, alter, delete, add, modify or rearrange any computer resource by any means.
(h) charges the services availed of by a person to the account of another person by tampering with or
manipulating any computer, computer system, or computer network, he shall be liable to pay damages by way
of compensation not exceeding one crore rupees to the person so affected.
Explanation.- For the purpose of this section,-

(i) "computer contaminant" means any set of computer instructions that are designed-
(a) to modify, destroy, record, transmit data or programme residing within a computer, computer system or
computer network; or
(b) by any means to usurp the normal operation of the computer, computer system, or computer network;
(ii) "computer data base" means a representation of information, knowledge, facts, concepts or instructions in
text, image, audio video that are being prepared or have been prepared in a formalised manner or have been
produced by a computer, computer system or computer network and are intended for use in a computer,
computer system or computer network;
Q)Explain trade related aspects of IP Rights (TRIPS) in India. (2016)

Explanation:
About TRIPS :- In 2005, in order to comply with the requirements of TRIPS, the Indian government introduced
product patents on pharmaceuticals. For the previous three decades, such patents had been forbidden, allowing
India to develop one of the most robust generic pharmaceutical industries in the world


2005 AMENDMENT in TRIPS

A number of changes were introduced by the 2005 amendment, few of the important definitions bought by this
amendment are:
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is 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.

Q. 14. Discuss “Domain name as intellectual property”.

Domain : A unique name that is controlled by an entity and / or individual that corresponds with an
internet protocol address.
The choice of a domain name has become an important business decision. A domain name is
registered by you to enable Internet users to locate your company's site on the web.
Company domain names may be registered in any number of "top level domains" called "TLDs".
1. "generic top level domains" ("gTLDs"), such as .com, .net, .org and .info.
2. the specialized and restricted top level domains if you qualify (e.g. .aero for air travel and
transport businesses, or .biz for commercial enterprises).
3. domain name under a "country code top level domain" ("ccTLD"), for example, .bn for Bulgaria,
.cn for China, .ch for Switzerland, .in for India.

 The technical management of the domain name system is in the hands of the Internet
Corporation for Assigned Names and Numbers ("ICANN").
 In the gTLDs, the registrations themselves are handled by a number of Internet registrars
accredited by ICANN.
 For registrations in the ccTLDs, you will need to contact the registration authority designated
for each ccTLD. To do this, you can consult a ccTLD database set up by WIPO.
 When you choose your company's domain name, depending on where you register, you may
pick a generic or common name, but if you pick a name that is distinctive, users may more
easily be able to remember and search for it.
 It could also be distinctive enough to be protected under trademark law, because domain
names can be protected as trademarks in some countries.
 You should pick a domain name that is not the trademark of another company, particularly a
well-known trademark. This is because most laws treat registration of another person's
trademark as a domain name as trademark infringement, also known as 'cybersquatting', and
your SME(Small to Medium Enterprise) might have to transfer or cancel the domain name, and
also pay damages.
 all domain names registered in the gTLDs like .com, as well as many registered in the ccTLDs,
are subject to a dispute resolution procedure that allows a trademark or service mark owner to
stop the cybersquatting of their trademark.
 If you find that someone else is using your trademark or service mark as a domain name,
what can you do? Some unscrupulous people have made a practice of cybersquatting, usually
to extract money from the rightful owner of the name or to mislead or confuse consumers.
 If you find that your trademark or service mark is being cybersquatted, there is a simple
online procedure you can go through where an independent expert will decide whether the
domain name should be returned to you, and the registrars are required to follow this
decision.
 This Uniform Administrative Dispute Resolution Policy ("UDRP") was first recommended by
WIPO as a result of its Internet Domain Name Processes and then adopted by ICANN.

Q. 15. Explain the procedure for registration of domain names.

Domain Name Registration Process
In order to reserve a domain, a registrant must register it with one of almost a thousand ICANN-
accredited registrars. The registrar will check if the domain is available and create a WHOIS record with
the registrant’s information. It is also possible to register domains through a registrar’s resellers.
The diagram below illustrates the main functions of the parties that are usually involved in the process.

1. A registrant is the person or organization who has registered the domain name. In order to do
so, the registrant will usually apply online to a domain registrar or one of their resellers.
2. Registrars are organizations accredited by ICANN and certified by the registry operators to sell
domains. They are bound by the Registrar Accreditation Agreement (RAA) with ICANN - and by
their agreements with the registry operators. The RAA sets out responsibilities for the registrar
including maintenance of WHOIS data, submission of data to domain registries, facilitating
public WHOIS queries, ensuring registrants details are escrowed, and complying with RAA
conditions relating to the conclusion of the registration period.
3. Reseller are affiliated or under contract with registrars, and usually offer other services such as
web hosting, email mailboxes etc. Resellers are bound by their agreements with the registrar(s)
whose services they sell; they are not accredited by ICANN.
4. While registrars are contracted to conduct the day-to-day business of selling domain name
registrations, registry operators are responsible for maintaining the registry for each TLD. The
responsibilities of the registry operator include accepting registration requests (whether from
registrars or directly from registrants), maintaining a database of the necessary registration
data and providing name servers to publish the zone file data (i.e. information about the
location of a domain) throughout the Internet.

Q. 16. Explain disputes under intellectual property rights.

Ans:
1) Disputes in the WTO are essentially about broken promises. WTO members have agreed that if
they believe fellow-members are violating trade rules, they will use the multilateral system of
settling disputes instead of taking action unilaterally. That means abiding by the agreed
procedures, and respecting judgements.
2) A dispute arises when one country adopts a trade policy measure or takes some action that
one or more fellow-WTO members considers to be breaking the WTO agreements, or to be a
failure to live up to obligations.
3) The Uruguay Round agreement introduced a more structured process with more clearly
defined stages in the procedure. It introduced greater discipline for the length of time a case
should take to be settled, with flexible deadlines set in various stages of the procedure. The
agreement emphasizes that prompt settlement is essential if the WTO is to function effectively.
It sets out in considerable detail the procedures and the timetable to be followed in resolving
disputes.
4) Although much of the procedure does resemble a court or tribunal, the preferred solution is
for the countries concerned to discuss their problems and settle the dispute by themselves.
The first stage is therefore consultations between the governments concerned, and even when
the case has progressed to other stages, consultation and mediation are still always possible.
5) Now a days ‘Intellectual property rights’ is one of the wide spread topic in legal world.
Intellectual property right is a legal concept which deals with the creation of the minds for the
recognition of exclusive rights. The Intellectual property has evolved when copyrights were
brought alongside patents, trademarks, and designs under one group
6) Generally, Intellectual Property Disputes arises when a person infringes one’s copy rights, patent
rights or trade mark rights or any other kinds of Intellectual Property Rights. The Intellectual
Property Disputes can also be resolved by courts. But the use of Arbitration in resolving
Intellectual property disputes is quicker than by Courts and it is effective and easy to resolve by
Arbitration.


Q. 17. What are various jurisdictional issues in domain name

protection?
Ans:
1) The term "jurisdiction" has various definitions in law, but for our purposes here we can say it is the
power of some legal body to exercise its authority over a person or subject matter or territory. In the
Internet today, it is territory that gives rise to many major issues. As in real estate, what matters in
jurisdiction is "location, location, location".
2) When the Internet and trademark rights began to intersect, it quickly became apparent that
traditional concepts of the jurisdiction of courts and legislatures would be seriously strained by
situations where a registrant in one country could use a registrar in a second country to
register a domain name in yet a third country.
3) The UDRP was established by ICANN as the means for deciding trademark-domain name
disputes without reference to national boundaries. The UDRP has a specific provision that its
judgments do not supersede those of any national courts. Many courts throughout the world
have made it clear that a UDRP decision is not final if a court takes a different view of a
particular dispute. In most cases, however, UDRP decisions are the final judgment because
neither the complainant nor the respondent takes their case to a court. The UDRP has become
the de facto global jurisdiction for trademark-domain name controversies.
4) ICANN now finds itself in the midst of the development, or lack thereof, of new concepts of
jurisdiction over global activities. There is a distinct possibility that there will be one thousand
or so registries located outside the U.S. This should be the wakeup call for all the stakeholders
of ICANN and make them aware of the seriousness of this issue. Brand owners and copyright
interests have had enormous success in persuading U.S law enforcement authorities to
become a global police force for enforcing intellectual property laws. Even if the U.S. courts
support these efforts, the powers of these authorities may not be sufficient to deal with cases
where the registrant, registrar and registry are all located outside the U.S.
5) The user of trademark on internet might become involved in a dispute in a foreign jurisdiction,
under a law that does not recognize the users right to the disputed trademark (domain name),
but accord’s rights in it to another person. This results into a conflict between trademark rights
on the internet.

Examples:
1. Trade names v. Domain names
Some courts in different jurisdictions protected trade names from being registered as domain
names by others, although different laws were apllied. In France, bulk registration of well-
known French corporation names has been condemned as cybersquatting. The defendant’s
plea that it was "safeguarding prestigious marks" was summarily rejected. In Affair Champagne
Céréales, protection from competing web sites was extended to company trade names without
formal mark registration
2)Geographical names v. Domain names

Geographical names are protected under the Paris Convention and in some jurisdictions,
especially when they are related to the sources of some particular goods. They should also be
protected from being registered as domain names by unrelated parties. A French commune of
Saint Tropez had registered in the name in France, the defendant registered "saint-tropez.com"
in USA for itself. The court held that trademark rights were enforceable against domain names.
A different conclusion was reached where the name only appeared as a file path. In Affair
Elancourt, the court held that name rights could not be used to prohibit non-commercial
speech about the subject matter of the name. While bulk registration of the names of cities,
monuments has been condemned as cybersquatting in France.
3) Names of international organizations v. Domain names
If a law student wants to visit the website of International Chamber of Commerce (ICC) to find
out the new Incoterms 2000 but does not know the domain name, he or she maybe tries
"icc.org", unfortunately it is Internet Chamber of Commerce, then tries "icc.com", again it is a
California-based software company, then tries "icc.net", it is Internet Commerce Corp. How
disappointed! But it is the fact! The names and acronyms of international intergovernmental
organizations should be protected from comfusion in domain names. WIPO has included this
issue in its second Internet domain name process

Q. 18. What are digital Copyright issues?

Ans:


Q. 19. What do you mean by Domain name and disputes in domain

name?


Q. 20. How is data protection enforced? Explain.

Q. 21. What are the defences available in case of infringement of

Trademarks?
The defendant may set up any of the following defences in an action for infringement against him
depending upon the applicability of the relevant defence to his case:--
i. That the plaintiff in the suit has no title to sue – Questioning the proprietorship of the trade
mark owner may do this.
ii. 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.
iii. Section 30 of the Trade Marks Act, 1999 provides limits on effect of registered trademark
and also enumerates certain acts which do not constitute infringement. These acts are also
used as defense in suits for infringement of trademarks and an infringer may escape his
liability if his use of the registered trademarks falls within the ambit of the section. Section
30 of the Trade Marks Act, 1999 provides that there is no infringement of registered
trademark;

Q. 22. What amounts to Infringement of a Trademark in India?

Infringement of a Trademark in India means violation of the exclusive rights granted to the registered
proprietor under the Trade Marks Act, 1999 to use the same in relation to the goods or services in
respect of which the trade mark is registered. Section 29
Section 29 of the Trade Marks Act, 1999 provides that a registered trademark is infringed when a
person not being a registered proprietor or licensee, uses in course of trade;

UNIT-III- Ownership and Enforcement of Intellectual Property

Q. 1. What are the rights awarded to Patentee?
Subject to the other provisions contained in this Act, a patent granted under this Act shall confer upon
the patentee:
A. The exclusive right, where the subject-matter of the patent is a product, to prevent third parties,
who do not have his consent, from the act of making, using, offering for sale, selling or importing
for those purposes that product in India, and
B. Where the subject-matter of patent is a process, the exclusive right to prevent third parties, who
do not have his consent, from the act of using that process, and from the act of using offering for
sale, selling or importing for those purposes the product obtained directly by that process in
India.
The right to exploit the patent
Section 48 confers the right to exploit the patent on the patentee or his licensee or his assignee or his
agent when such a right is exercised within the conditions imposed by section 47 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 licence(s).
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.
Right to sue for infringement
The exclusive right conferred by a patent can be meaningful and lasting only when the statute 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.
Q. 2. How the rights of a patentee are enforced? What are the duties
of a patentee?
The question of enforcement arises after the rights have been given to a person and there has been
infringement of such rights.
The rights of a patentee can be enforced by :-
a. A suit for infringement of a patent,

b. An action for specific performance of a contract, e.g., a contract between a patentee and a
licensee,
c. An action for recovery of royalties.
DUTIES OF A PATENTEE
1. The patentee is duty-bound to ensure that the monopoly right created by a patent is not used
unfairly and does not act 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.
2. The failure of the patentee to discharge his duties would result in denial of patent rights by
Government granting compulsory licences or licences of rights on the patent.
3. 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.
4. An over zealous patentee who threatens another by making unjustifiable threats of an action for
infringement is restrained from doing so. The Court, under provisions of section 106, may grant
relief in cases of groundless threats of infringement proceedings to such a threatened party.
Q. 3. Discuss transfer of patent rights in the form of assignment.

What is 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.
The difference between assignment and licence

1. A licence merely confers a personal privilege to do some particular act(s) which the licensee can
perform. There is no transfer of interest in license.
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
1. 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.
2. 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.
3. Where assignment is made in favor of two or more persons, they become owners of such interest in
the patent.
Q. 4. What are different kinds of assignments?

There can be 3 kinds of assignments : -
1. Legal
2. Equitable
3. Mortgage
Explanation:
1. Legal assignment – An assignment of an existing patent through an agreement which has been duly
registered is a legal assignment. A legal assignee has the right to have his name entered in the Register
of patents maintained in the Controller’s Office as proprietor of the patent and can thereafter exercise
all the rights conferred on him by the proprietor of patent.
2. Equitable assignment – Any document such as letter not being an agreement, which is duly
registered with Controller in which patentee agrees to give another person certain defined right in the
patent with immediate effect, is an equitable assignment. An assignee in such a case cannot have his
name entered in the Register as the proprietor of patent. He can only have a notice of his interest
entered in the register. He can convert the equitable assignment to legal assignment by getting a
written agreement to this effect and having it duly registered.
3. Mortgage – A mortgage is also a form of assignment. A mortgage is a document transferring the
patent rights either wholly or partly to the mortgagee with a view to secure the payment of a specified
sum of money. The mortgagor (patentee) is entitled to have the patent re-transferred to him on refund
of the money to the mortgagee. The mortgagee (a person in whose favour a mortgage is made) is not
entitled to have his name entered in the Register as the proprietor, but he can get his name entered in
the Register as a mortgagee.

patents?
The defendant may set up one or more of the following defences:-
1. That the plaintiff is not entitled to sue for infringement.

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. Estoppel or Res judicata.
5. That the claims alleged to be infringed are invalid on grounds:
a. That the invention as far as claimed was subject-matter of a valid claim of earlier priority
date or a prior grant – [section 64(1)(a)],
b. That the patent was granted on the application of a person not entitled to apply – [section
64(1)(b)],
c. That the patent was obtained wrongfully – [section 64(1)(c)],
d. That the subject of any claim of the complete specification is not an invention within the
meaning of this Act – [section 64(1)(d)],
e. That the invention so far as claimed in any claim is not new since it was publicly known or
publicly used in India before the priority date of the claim – [section 64(1)(e)].
6. At the time of infringement there existed a contract relating to the patent containing a condition
which is unlawful under the provisions of section 140.
7. 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 or was
done after failure to pay renewal fee or was done before the date of amendment of specification
– section 111.
However, this defence is available only against a claim for damages or account of profits, and not
where the relief sought is an injunction.
8. Acts complained of are in accordance with conditions specified in section 47. Section 47 provides
that in certain circumstances the invention can be used by the Government.
9. That the alleged use is for research or instruction of pupil(s). However, convincing evidence of
such use has to be furnished by the defendant.
Q. 6. Define copyright.

Copyright is a legal right created by the law of a country that grants the creator of an original work
exclusive rights for its use and distribution. This is usually only for a limited time.
The term of protection granted for works of copyright varies depending on the type of work sought to
be protected. Literary or musical or artistic works (other than photographs), are granted copyright
protection for a period which extends through the lifetime of the author and 60 years from the year in
which the author dies. However, if the work has not been published, performed, or offered for sale or
broadcast during the lifetime of the author, the copyright protection shall continue for a period of 60
years from the end of the year in which any of these acts are done relating to the work.
Q. 7. Explain different rights conferred by copyright?

1. Statutory right:
The copyright in a work is a creation of statute. A person owns a copyright because the law recognizes
the existence of such a right.


2. Negative right:
Copyright is a negative right in the sense that it stops others from exploiting the work of the author for
their own benefit without the consent or licence of the author. It does not confer any positive right on
the author himself.
3. Multiple rights:
Copyright is not a single right but a bundle of rights which can exist and be exploited independently. The
nature of these multiple rights depends upon the categories of works, namely:--
a. Literary, dramatic and musical works;

b. Original artistic works;
c. Cinematograph films; and
d. Sound recording.
The literary, dramatic and musical works are grouped together for the purpose of defining these
exclusive rights. The rights relating to artistic works are distinct from those of cinematograph films and
sound recording.
4. Economic rights:
The rights conferred by section 14 on a copyright owner are economic rights because the exploitation of
the work by the author by exercising these rights may bring economic benefit. The author may exploit
the work himself or licence others to exploit any one or more of the rights for a consideration which may
be in the form of royalty, a lump-sum payment.
5. Moral rights:
The copyright besides conferring economic benefits also confers moral rights on the author.
Section 57 of the Copyright Act, 1957, deals with author’s special rights. The term ‘moral right’ derives
from the French expression ‘droit moral’ and is a misnomer in the sense that moral rights are neither
the opposite of immoral rights nor of legal rights. These moral rights are—
Q. 8. Explain “Copyright is protection in form & not in idea”.

Copyright is a right given to or derived from works and it is not a right in novelty only of ideas. It is based
on the right of an author, artist, or composer to prevent another person from copying his original work,
whether it is a book, a tune or a picture, which he created himself. There is nothing in the notion of
copyright to prevent another person from providing an identical result (and himself enjoying a copyright
in that work) provided it is arrived at through an independent process.
There is no copyright in ideas. Copyright subsists only in the material form to which the ideas are
translated. The object of copyright is not to create any legal or intellectual property rights in the idea
but in the final objects or the work which is created as a result of the effort made to give a “physical”

shape to an idea. In the field of literary work the words chosen by the author to express his ideas are
peculiar to himself and no two descriptions of the same idea or fact can be in the same words, just as no
two answers written by two different individuals to the same question can be the same. The order and
arrangement of each man’s words is as singular as his countenance. It is the form in which a particular
idea, which is translated that is, protected.
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 the person who has clothed the idea in a form (whether by means of a picture or play) and
the owner of the idea has no rights in that product. Since there is no copyright in ideas or information,
it is no infringement of copyright to adopt the ideas of another or to publish information derived from
another, provided there is no copying of the language in which those ideas have or that information has
been previously embodied.
Q. 9. Explain “Protecting good will through copy rights.”

1) Intellectual property (IP) and goodwill are critical business assets, going to the very essence of
what the business is about.
2) IP and goodwill are also particularly vulnerable to being stolen or damaged by rogue
employees, because of the knowledge they obtain in their employment.
3) IP may be defined as the exclusive right to exploit the results of creative and intellectual effort.
The main types of IP are copyright, registered designs, trade marks, patents and confidential
information.
4) IP ownership
When it comes to copyright, registered designs, trade marks and patents, the rights afforded by
those forms of IP protection are just as enforceable against current or former employees as
they are against the world-at-large.
However, the question that often arises in an employment context is who owns the IP rights
arising from things that are created by an employee in the course of their employment.
The Designs Act gives the employer ownership of registrable designs created by an employee
“in the course of his or her employment”.
5) "A good name is far better than great riches! It is wealth that cannot be stolen. It is
fortune that cannot be bought. It is honour and character, impossible to imitate, impossible
to cheapen. It is integrity, and it is pride and this is why so many of us have names
without price."
6) Goodwill may be defined as the attractive force that brings in custom and adds to the value of a
business. It includes a business’s reputation and its relations formed with it customers. It may
arise from the nature or location of the business.
7) A restraint of trade is an agreement by which one party agrees with another to restrict his or
her freedom in the future to carry on trade with third parties.

A restraint of trade is unenforceable unless the person seeking to enforce it demonstrates to

the court that the restraint is reasonable to protect a legitimate interest of that person.
Good will is an assetof a business that may be bought and sold in connection with the business.
Goodwill is a marketplace advantage of customer patronage and loyalty developed with
continuous business under the same name over a period of time. It may be bought and sold in
connection with a business, and the valuation is a subjective one.
Good will is an attribute of a business, and thus anyone who maintains a competitive business
that offers goods or services may acquire it and insist on its protection. Good will can be sold in
a sales contract; and will be governed by the ordinary rules of contract law. Where a contract
transfers a business and its good will, the transferee may compete with the transferor's
business unless a clause not to compete is expressly included in the contract.
8) Governments no longer accept the responsibility for the reservation and protection of your
good corporate name. This responsibility now rests with the Incorporator of the company. This
policy has left the door wide open for abuse. If your business has a good name, product, service
or a sound customer base and good growth potential, then you have built your GOOD WILL.
Now you must protect it.
9) THE BEST PROTECTION for your Good Name and, the reputation of your good product and
corporate names, is the protection afforded by the Federal Government under the Trade Marks
Act.
Trade Mark protection will provide you with a Country Wide registration of your Name, Design,
Logo, Slogan, Packaging, or any other form of uniqueness that distinguishes your business or
your products from those of your competitors. Once registered, you are protected from anyone
using your Trademarks anywhere within the Country. Trade Mark registrations are monitored
every month to ensure protection is secured for the life of the registration. Once registered,
you are protected for a period of 15 years and can renew your registration into perpetuity.
10) Good Will in a business linked with artistic and literary works can also be protected through
Copyrights. The Copyright Act contains a similar, but not identical, provision giving the
employer ownership of copyright created by an employee “in pursuance of the terms of his or
her employment.” Copyright is the right to reproduce or adapt literary, artistic, musical,
dramatic and other “works” (such as films). It arises from the creation of the copyright work. It
is not registration-based.
In a business context, copyright can protect databases, manuals, plans, specifications, computer
code, marketing materials, websites and graphics.
Q. 10. What are the functions of Trademark?

A trademark serves the purpose of identifying the source of origin of goods. Trademark performs the
following four functions:--


Q. 11. What is a Trademark? What are its essential elements?

A consumer is duped if he buys a commodity presuming it to have originated from a certain identified
source when actually it is not, and later he finds the commodity substandard. In the process, the
reputation of trader suffers. The interests of both the consumer and the trader can be saved if some
definite symbol which marks out the origin of goods from a definite trade source is attached with the
goods emanating from such source. Such a symbol is called a trade mark.
A trade mark should have the following essential elements:-
Q. 12. What are the rights conferred by registration of Trademark?

What are its limitations?
Section 28 of the Trade Marks Act, 1999 confers on the proprietor of the trade mark, exclusive right to
use of the trade mark in relation to the goods or services in respect of which the trade mark is obtained.

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.
The rights conferred are not absolute. The Act lists out the limitations which can be imposed on the
exclusive rights:
1. The trade mark; when it is subject to conditions and limitations entered in the Register, any use
of the mark beyond the scope of the rights granted is not protected.
2. The registration of a trade mark will not entitle the proprietor to bring infringement action
against proprietor of identical or similar marks which also happen to be registered.
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 in industrial or commercial matters.
Q. 13. What are essential factors for infringement of Trademark?
Infringement of a trade mark occurs if a person other than the registered proprietor in the course of
trade, in relation to the same goods or services for which the mark is registered, uses the same mark or
a deceptively similar mark.
ESSENTIALS OF INFRINGEMENT


Trademarks?
The defendant may set up any of the following defences in an action for infringement against him
depending upon the applicability of the relevant defence to his case:--
1. That the plaintiff in the suit has no title to sue – Questioning the proprietorship of the trade mark
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 defendant’s right to use the contested mark arises 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.
6. That the use complained of is merely the defendant’s bona fide use of his own name, address
and description of goods which are protected by the Act.
7. That the exclusive rights claimed by the plaintiff over the disputed trade mark have ceased to
exist by virtue of the word claimed by the plaintiff becoming a common word, i.e., ‘Publici Juris’.
The words that are within the public domain cannot be claimed as exclusive proprietorship.
8. That the defendant can attack the validity of registration of the plaintiff.
9. That the plaintiff is debarred from suing or claiming the relief sought by his own conduct, e.g., by
his own acquiescence, delay or latches or his having acquired his rights on the trade mark
fraudulently.
Q. 15. What is the purpose of Design Act, 2000?
 The sole purpose of this Act is protection of intellectual property right 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 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 design shall not be
registered or if it found that it is not significantly distinguishable from the known designs 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 filed before the
controller that the design has been previously registered or published before the date of
registration in India or any other country, or that the design is not new or original design or if it
is not registrable under this Act or if it not as per the definition of the design. The controller after
hearing both the parties, if satisfied can cancel registration of such design.

Q. 16. What are the rights granted for registration of design?
Q. 17. What are the defenses available in case of infringement of

designs?
In a suit for infringement, a defendant may present evidence and 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 licensee.
2. The design is not entitled to protection. Disentitlement to protection can be pleaded on
the grounds that—
a. The design has been previously registered in India,
b. It has been published in India prior to the date of registration, or
c. The design is not a new or original design.
3. The plaintiff’s own conduct is tainted— Law expects the party approaching its doors to
approach with clean hands. The defendant can plead that plaintiff’s own conduct is
tainted.
4. Delay and Acquiescence—The institution of the suit within a reasonable time after the
discovery of the infringement is expected of the plaintiff. The unreasonable delay in
institution of the proceeding would amount to Acquiescence on the part of the plaintiff
to such an infringement. Acquiescence of piracy is a reasonable ground to deny the

plaintiff any of the reliefs prayed for.
5. Expiry of period of registration—The Copyright on a design is limited by time, the
defendant on proving the expiry of period of registration is entitled to use the design and
the plaintiff is not entitled to any relief.
Q. 18. Write short notes on design infringements.

Infringement of a copyright in design is termed as “Piracy of a registered design”. It is not lawful for any
person during the existence of copyright to do the following acts without the consent or license of the
registered proprietor of the design. The following acts amount to piracy:
1. To publish or to have it published or expose for sale any article of the class in question on
which either the design or any fraudulent or obvious imitation has been applied.
2. To either apply or cause to apply the design that is registered to any class of goods covered
by the registration, the design or any imitation of it.
3. To import for the purpose of sale any article belonging to the class in which the design has
been registered and to which the design or a fraudulent or obvious imitation thereof has been
applied.
In fact any unauthorized application of the registered design or a fraudulent or obvious imitation thereof
to any article covered by the registration for trade purposes or the import of such article for sale is a
piracy or infringement of the copyright in the design.
The Court has to determine whether the alleged infringement has the same shape or pattern and must
eliminate the claim of similarity due to similarity of functions. Similarity of functions would result when
two articles have same shape due to the inherent nature of goods.
For example: two pens will necessarily be similar in having an ink-tube, a cap and a nib for writing. The
judge has to look at the two articles and check out their similarities through the eyes of a person with an
average intelligence and see whether the defendant’s article is substantially different from that of the
plaintiff. The judicial remedy for infringement of a registered design is damages in the form of payment
along with an injunction.

Unit-IV- Enforcement of Intellectual Property Rights

Q. 1. What are general obligations for enforcement of Intellectual
property rights?
Following are the general obligations for enforcement of IPR:
i) 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
by TRIPS agreement, including expeditious remedies to prevent infringement and
remedies which constitute a deterrent to further infringements. These procedures shall
be applied in such a manner as to avoid for safeguards against their abuse.
ii) Procedures concerning the enforcement of IPR shall be fair & equitable. They shall not be
unnecessarily complicated or costly or entail unreasonable time-limits or unwarranted
delays.
iii) Decisions on the merits of a case shall preferably be in writing & reasoned & shall be
based only on evidence. They shall be made available at least to the parties to the
proceeding without undue delay.
iv) Parties to the proceeding shall have an opportunity for review by a judicial authority of
final decision or of at least the legal aspects of initial judicial decision on the merits of a
case. However there shall be no obligation to provide an opportunity for review of
acquittals in criminal case.
TRIPS agreement does not create any obligation to put in place a judicial system for the enforcement
of IPR distinct from that for the enforcement of laws in general, nor does it affect the capacity of
member countries to enforce their laws in general. There is no obligation with respect to distribution
of resources between enforcement of IPR & enforcement of laws in general.
Q. 2. What is IP licensing?
 When the holder of an IPR wishes to permit another person to do something that is within his or
her control as an IP owner, a license may be agreed upon. Licensing is a process by which the
right to use the intangible Intellectual Property is granted by one party to another.
 A license is effectively a contractual agreement and should set out precisely what the licensee is
permitted to do and any terms and conditions applying to this use, including the amount of
payment or royalty to be paid to the licensor(IP owner).

 Payments can be a single amount when the license is agreed or a regular payment every year or
after a certain amount of use has occurred or any other type of payment; it is upto the parties
involved to try & negotiate something satisfactory to each.
 Licenses can be limited in time, e.g: 2 years, limited by territory, e.g: to allow exploitation of the
IP in only one country, or limited by which exclusive rights under the IPR are licensed.
 Also, in some cases licenses may be verbal agreement or even be only implicit in some wider
agreement.
 Again it is upto the parties involved to negotiate what is appropriate, but a clear written
agreement about the licensing of IP is a good idea, if disputes about what was licensed are to be
avoided in future.
Q. 3. What are different types of IP licensing formats?

Q. 4. What are advantages of IP licensing?
• IP is like physical property in that it can be bought and sold or

otherwise transferred , inherited and so on.

Q. 5. What are disadvantages of IP licensing?
Q.6.What is licensing agreement? List its different types?

 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).
 In practice, sometimes all IP rights form the part of one agreement.
 These types of agreements are often observed in mergers & acquisitions, Joint ventures or
takeovers.
 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.

A variety of such licensing agreements are available, which may be broadly categorized as follows:


Q. 9. Discuss civil remedies in enforcing intellectual property rights.


Q.10. List out criminal remedies in enforcing intellectual property

rights.

Q. 11. Discuss on “boarder security measures”.

BORDER SECURITY MEASURES
 Piracy is by no means an exclusively national activity, i.e., the production in a country of infringing
copies for sale in that country. It is also very much an international operation, with vast quantities
of infringing copies being manufactured in one country and shipped to others, often on the other
side of the world; quantities of infringing copies which are shipped to other countries
substantially undermine legitimate business to the extent that international companies often
withdraw from the market, and investment in recording and producing local talent virtually dries
up.
 For this reason, the power to stop infringing copies entering a market is of vital importance, and
provisions that make this possible are an essential feature of modern copyright legislation.
 Border measures are intended to prevent infringing copies — or lawful copies in violation of the
right of importation — from being brought into the country concerned.
 Border measures are usually carried out by administrative authorities (customs authorities) and
not by judicial authorities. In national legislation on this issue, a number of safeguards and
appropriate procedural rules are normally found which ensure the fairness and effectiveness of
measures applied by such authorities.
 Articles 51 to 60 of the TRIPS Agreement deal with border measures. Also, the World Customs
Organization has developed a model law for the enforcement of such measures.
 Some of the articles are listed below:
Article 51
Suspension of Release by Customs Authorities
Members shall, in conformity with the provisions set out below, adopt procedures to enable a right
holder, who has valid grounds for suspecting that the importation of counterfeit trademark or pirated
copyright goods may take place, to lodge an application in writing with competent authorities,
administrative or judicial, for the suspension by the customs authorities of the release into free
circulation of such goods. Members may enable such an application to be made in respect of goods
which involve other infringements of intellectual property rights, provided that the requirements of this
Section are met. Members may also provide for corresponding procedures concerning the suspension
by the customs authorities of the release of infringing goods destined for exportation from their
territories.

Article52
Application
Any right holder initiating the procedures under Article 51 shall be required to provide adequate
evidence to satisfy the competent authorities that, under the laws of the country of importation, there
is prima facie an infringement of the right holder’s intellectual property right and to supply a sufficiently
detailed description of the goods to make them readily recognizable by the customs authorities. The
competent authorities shall inform the applicant within a reasonable period whether they have accepted
the application and, where determined by the competent authorities, the period for which the customs
authorities will take action.
Article 53
Security or Equivalent Assurance
Where pursuant to an application under this Section the release of goods involving industrial designs,
patents, layout-designs or undisclosed information into free circulation has been suspended by
customs authorities on the basis of a decision other than by a judicial or other independent authority,
and the period provided for in Article 55 has expired without the granting of provisional relief by the
duly empowered authority, and provided that all other conditions for importation have been complied
with, the owner, importer, or consignee of such goods shall be entitled to their release on the posting
of a security in an amount sufficient to protect the right holder for any infringement. Payment of such
security shall not prejudice any other remedy available to the right holder, it being understood that the
security shall be released if the right holder fails to pursue the right of action within a reasonable
period of time.
Article 56
Indemnification of the Importer and of the Owner of the Goods
Relevant authorities shall have the authority to order the applicant to pay the importer, the
consignee and the owner of the goods appropriate compensation for any injury caused to them
through the wrongful detention of goods or through the detention of goods released pursuant to
Article 55.
Article 57
Right of Inspection and Information
Without prejudice to the protection of confidential information, Members shall provide the
competent authorities the authority to give the right holder sufficient opportunity to have any goods
detained by the customs authorities inspected in order to substantiate the right holder’s claims. The
competent authorities shall also have authority to give the importer an equivalent opportunity to have
any such goods inspected. Where a positive determination has been made on the merits of a case,
Members may provide the competent authorities the authority to inform the right holder of the names
and addresses of the consignor, the importer and the consignee and of the quantity of the goods in
question.
Article 59
Remedies
Without prejudice to other rights of action open to the right holder and subject to the right of the
defendant to seek review by a judicial authority, competent authorities shall have the authority to
order the destruction or disposal of infringing goods in accordance with the principles set out in Article
46. In regard to counterfeit trademark goods, the authorities shall not allow the re-exportation of the
infringing goods in an unaltered state or subject them to a different customs procedure, other than in
exceptional circumstances.
Article 60
De Minimis Imports
Members may exclude from the application of the above provisions small quantities of goods of a
non-commercial nature contained in travellers’ personal luggage or sent in small consignments.
Q. 12. Explain practical aspects of licensing.


Q. 13. Explain how licensing for technology is considered.

1. By a technology licensing agreement, the licensor authorizes the licensee to use the technology under
certain agreed terms and conditions.
2. It is therefore, a contract freely entered into between two parties and contains terms & conditions so
agreed upon.
3. Through a technology licensing agreement, it is possible to improve the quality of existing product or
develop and manufacture a new product by using the patents or trade secrets owned by others.
4. This may also include entering into a new market or extending in the existing market for a product by
acquiring the patent rights.
For example:
Tata Steel has obtained a process technology patent for making hybrid rollers used in sinter plants. This
patent is now licensed to Jyoti Cero Rubber to get potential revenue over next three years. Looking at the
wider market Tata Steel is licensing this technology to other competent parties.
Q. 14. What are the rights granted for registration of design?

1. 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.
2. If the design provision gets expired then the applicant can extend the period of design by paying the
prescribed fees.
3. 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.

4. 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
5. 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
Q. 15 Explain Copyright issue in India. Explain Copyright in WWW.

i. The traditional concept of copyright has given place to a more complex meaning to cope up with the
advancements in the nature of works and the mediums of their expressions that merit protection under
the Copyright Law. Innumerable issues arise in the process of a virtual tug of war between the copyright
holders and their infringers. Stringent remedies are devised to safeguard the intellectual property rights
and amendments have been made in the legislation governing IPR in India and Information Technology
Act, 2000 has been enacted to be in tune with the international concerns reflected in the WIPO Treaties
and other International documents.
ii. The Copyright Act, 1957 has been enacted by the Parliament in the exercise of its legislative powers
conferred by Entry 49 of the Seventh Schedule to the Constitution of India with a view to amend and
consolidate the law relating copyright. As provided in Section 16, no person shall be entitled to copyright
or, any similar right in any work, whether published or unpublished, otherwise than under and in
accordance with the provisions of this Act or of any other law for the time being in force.
iii. The Parliament enacted the Information Technology Act, 2000 which provides legal recognition to
electronic record and digital signatures. The expression “electronic record” as defined by Section 2(1)(t)
of that Act means, data, record or data generated image or sound stored, received or sent in an
electronic form or micro film. Tampering with computer source documents is made an offence under
Section 65 of the Act, which provides that, whoever knowingly or intentionally conceals, destroys or
alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source
code used for a computer, computer programme, computer system or computer network, when the
computer source code is required to be kept or maintained by law for the time being in force, shall be
punishable with imprisonment upto three years, or with fine which may extend upto two lakh rupees,
or with both.

UNIT- V – Cyber Law

1. Types of Cyber Crime in India

2. Some facts
3.Importance of Cyber security for India

Q. 1. SCOPE OF CYBER LAWS

The rapid development of information technology posed certain challenges for the law that are not
confined to a particular category of law but arises in diverse areas of law, such as criminal law,
intellectual property law, contract and tort. Of late, owing to the rapid development of the internet
and the World Wide Web, various unprecedented problems have emerged.
These problems concern the issues of free speech, intellectual property, safety, equity, privacy,
ecommerce and jurisdiction and are governed by the Cyber Law. The branch of law which regulates the
technological aspects of information or information processing is called Cyber Law. The scope of
different problem includes:
Q.What is a need of cyber law and cyber security?

Need for Cyber Law
There are various reasons why it is extremely difficult for conventional law to cope with cyberspace.
Some of these are discussed below.
1. Cyberspace is an intangible dimension that is impossible to govern and regulate using conventional
law.
2. Cyberspace has complete disrespect for jurisdictional boundaries. A person in India could break into
a bank’s electronic vault hosted on a computer in USA and transfer millions of Rupees to another bank
in Switzerland, all within minutes. All he would need is a laptop computer and a cell phone.

3. Cyberspace handles gigantic traffic volumes every second. Billions of emails are crisscrossing the
globe even as we read this, millions of websites are being accessed every minute and billions of dollars
are electronically transferred around the world by banks every day.
4. Cyberspace is absolutely open to participation by all. A tenyear-old in Bhutan can have a live chat
session with an eightyear-old in Bali without any regard for the distance or the anonymity between
them.
5. Cyberspace offers enormous potential for anonymity to its members. Readily available encryption
software and steganographic tools that seamlessly hide information within image and sound files
ensure the confidentiality of information exchanged between cyber-citizens.
6. Cyberspace offers never-seen-before economic efficiency. Billions of dollars worth of software can
be traded over the Internet without the need for any government licenses, shipping and handling
charges and without paying any customs duty.
7. Electronic information has become the main object of cyber crime. It is characterized by extreme
mobility, which exceeds by far the mobility of persons, goods or other services. International computer
networks can transfer huge amounts of data around the globe in a matter of seconds.
8. A software source code worth crores of rupees or a movie can be pirated across the globe within
hours of their release.
9. Theft of corporeal information (e.g. books, papers, CD ROMs, floppy disks) is easily covered by
traditional penal provisions.
10. However, the problem begins when electronic records are copied quickly, inconspicuously and
often via telecommunication facilities. Here the “original” information, so to say, remains in the
“possession” of the “owner” and yet information gets stolen.

Q. 2. SCOPE OF CYBER JURISPRUDENCE(a legal system)

Jurisprudence studies the concepts of law and the effect of social norms and regulations on the
development of law. There are two types of jurisprudence:

Case law is the law that is established through the decisions of the courts and other officials. Case law
assumes even greater significance when the wordings of a particular law are ambiguous. The
interpretation of the Courts helps clarify the real objectives and meaning of such laws. This chapter
first discusses the meaning of cyber law and the need for the separate discipline of cyber law.
Q. 3. DIGITAL SIGNATURE
Uses of Digital Certificates

 Digital certificate adopts the Public Key Infrastructure (PKI) framework for enabling the
deployment of its three major functional uses – Public Key Encryption, Digital Signature and
Electronic Authentication.
Public Key Encryption is a means to ensure confidentiality of message.

 It involves encryption of data with a pair of asymmetric but matching keys – a private key and a
public key.
 Private key is kept secretly and securely by the owner of the digital certificate and the
corresponding public key is published at an online repository by certification authority (CA) and
publicly available for others to use.

 Encryption is performed by encoding data using the public key of the certificate holder and
decryption is only possible by decoding the encrypted data using the corresponding private key
of the holder.
 Taking email message transmission as an example, the privacy of messages sent via email can
be protected by encryption with a recipient's public key.
 Since no other means / key except the recipient's private key can decrypt the encrypted
message, the confidentiality of the email content can be secured.
Digital Signature
 created by means of digital certificate can serve to ensure
1. data integrity,

2. user authenticity and

3. non-repudiation of transaction.
 A digital signature is derived by applying a mathematical function to compute a message digest
of an electronic message (say, a letter), and then encrypt the digest with the sender's private
key.
 The electronic message together with the digital signature will be sent to the recipient(s).
Recipient(s) can verify the sender's digital signature with the use of the sender's public key.

 Taking signing an email as an example, if a digitally signed email has not been tampered with
during the course of transmission (data integrity), the digital signature will be verified correctly
by the recipient using the sender's public key.
 Since the sender is the only person who has the access to his/her own private key and once the
digital signature is verified as valid using the sender's public key, the recipient can be certain
that the email is indeed come from the sender (user authenticity) and the sender cannot deny
having created and signed the email (non-repudiation of transaction).
Electronic Authentication
 The process of confirming user identity presented electronically to an information system for
accessing data or conducting transactions.
 Digital certificate, among others, is one of the effective authentication factors that can achieve
high degree of confidence in asserting user identity in the registration and authentication
processes.
1. To illustrate how to make an electronic authentication, Amy uses her INDIAN Smart ID Card
which is embedded with digital certificate as one of the authentication factors, together with
her personal identification number (PIN), to authenticate herself to an online transaction, say to
change her personal particulars under voter registration in Government of india.
2. The application verifies her identity via the digital certificate and allows her to change her
particulars.
What is e-Authentication?
 Electronic authentication (e-Authentication) is the process of establishing confidence in user

identities presented electronically to an information system.
 This may involve verifying with what the user knows (e.g. password), what the user has (e.g. an
ID card), and/or what the user is or does (e.g. fingerprint or written signature recognition).
 The greater the number of factors being verified, the higher the confidence can be established.

Q. DIGITAL CONTRACTS

Example:

Q. What are the roles performed by the certifying authorities?

Explain. (2016)



Q) Explain about the organization which issues Public Key Certificates as

well as content of Public key certificate. How authentication happens
using Public Key Certificate?
An organization which issues public key certificates.
• Must be widely known and trusted
• Must have well defined methods of assuring the identity of the parties to whom it issues
certificates.
• Must confirm the attribution of a public key to an identified physical person by means of a
public key certificate.
• Always maintains online access to the public key certificates issued.
Public Key Certification :
Contents of a Public key certificate:
Issued by a CA as a data message and always available online
S.No of the Certificate
Applicant’s name, Place and Date of Birth, Company Name
Applicant’s legal domicile and virtual domicile
Validity period of the certificate and the signature
CA’s name, legal domicile and virtual domicile
User’s public key
Information indicating how the recipient of a digitally signed document can verify the
sender’s public key
CA’s digital signature

User Certificate Certificate

User
Name & Database
User
other Signed Name
credentials by using
Certifica User’s
te
CA’s
Public Publish User 1 certificate
private
Request User’s key Key User 2 certificate
Public CA’s .
key Name
Validation
period
Signature
of CA
Authentication
Figure 1 - Delegating authentication to the Web Service provider

Figure 2 - Authenticate to the Web Service provider as a machine
PKI certificate usage

Q. PRIVACY AND FREEDOM ISSUE IN CYBERWORLD.

The Internet and other communication technologies have created unprecedented opportunities to
share information, opening up paths for pro-democracy groups, activists, journalists and individuals
around the world to organize, and hold their governments accountable. But new technological tools
are vulnerable to exploitation by governments aiming to crush dissent and deny human rights. All
governments struggle to balance a need to deal with serious issues such as security, hate speech, and
child safety for their citizens but in repressive societies, these concerns often serve as convenient
pretext to engage in censorship or surveillance of the Internet that violates the rights and privacy of
users and threatens the free flow of information.
 The Global Network Initiative (GNI): We helped launch and continue to support this
multistakeholder initiative to protect and advance freedom of expression and privacy in the ICT
sector.
 The “Netizen” project: Maintaining free access to the Internet or communications tools is
essential to the work of journalists, activists and bloggers around the world who use them to
organize. Working with these netizens gives us a window into how to maintain that space.
 U.S. government advocacy: We promote policies with the U.S. administration and Congress that
support these strategies. Read more about Congressional action in this area, and join our email
list to see how you can help!
Q) What is E-Governance? Explain. (2016)

Generally four basic models are available –


Q. E-GOVERNANCE OF CYBER CRIME AND CYBER LAWS.

Governing Laws:
 There was no statute in India for governing Cyber Laws involving privacy issues, jurisdiction
issues, intellectual property rights issues and a number of other legal questions.
 With the tendency of misusing of technology, there arisen a need of strict statutory laws to
regulate the criminal activities in the cyber world and to protect the true sense of technology
“INFORMATION TECHNOLOGY ACT, 2000” [ITA- 2000] was enacted by Parliament of India to
protect the field of e-commerce, e-governance, e-banking as well as penalties and punishments
in the field of cyber crimes.
 The above Act was further amended in the form of IT Amendment Act, 2008 [ITAA-2008]. The
ITA-2000 defines „Computer‟ means any electronic magnetic, optical or other high-speed data
processing device or system which performs logical, arithmetic, and memory functions by
manipulations of electronic, magnetic or optical impulses, and includes all input, output,
processing, storage, computer software, or communication facilities which are connected or
related to the computer in a computer system or computer network.
 The word „computer‟ and „computer system‟ defined as interpreted to mean any electronic
device with data processing capability, performing computer functions like logical, arithmetic
and memory functions with input, storage and output capabilities and therefore any high-end
programmable gadgets like even a washing machine or switches and routers used in a network
can all be brought under the definition.

Scope and applicability:
 The scope and applicability of ITA-2000 was increased by its amendment in 2008.
 The word „communication devices‟ inserted having an inclusive definition, taking into its
coverage cell phones, personal digital assistance or such other devices used to transmit any
text, video etc like what was later being marketed as iPad or other similar devices on WiFi and
cellular models.
 Though ITA- 2000 defined „digital signature‟, however said definition was incapable to cater
needs of hour and therefore the term „Electronic signature‟ was introduced and defined in the.
ITAA -2008 as a legally valid mode of executing signatures.
 This includes digital signatures as one of the modes of signatures and is far broader in ambit
covering biometrics and other new forms of creating electronic signatures not confining the
recognition to digital signature process alone.
 The new amendment has replaced Section 43 with Section 66.
 The Word “hacking” used in Section 66 of earlier Act has been removed and named as “data
theft” in this section and has further been widened in the form of Sections 66A to 66F.
 The hacking contain both type that is legal as well as illegal.
 The section covers the offences such as the sending of offensive messages through
communication service, misleading the recipient of the origin of such messages, dishonestly
receiving stolen computers or other communication device, stealing electronic signature or
identity such as using another persons‟ password or electronic signature, cheating by
personation through computer resource or a communication device, publicly publishing the
information about any persons‟ location without prior permission or consent, cyber terrorism,
the acts of access to a commuter resource without authorization, such acts which can lead to
any injury to any person or result in damage or destruction of any property, while trying to
contaminate the computer through any virus like Trojan etc.
 The offences covered under section 66 are cognizable and non-bailable.
 Whereas, the consequence of Section 43 of earlier Act were Civil in nature having its remedy in
the form of damages and compensation only, but under Section 66 of the Amendment Act, if
such act is done with criminal intention, then it will attract criminal liability having remedy in
imprisonment or fine or both.
Adjudication:
 Adjudication powers and procedures have been dealt in Sections 46 and thereafter.
 As per the Act, the Central Government may appoint any officer not below the rank of a
director to the Government of India or a state Government as the adjudicator.
 The I.T. Secretary in any state is normally the nominated Adjudicator for all civil offences arising
out of data thefts and resultant losses in the particular state.
 Very few applications were received during first 10 years of existence of the ITA, that too in the
major metros only.
 However, the trend of receiving complaint under ITA is rapidly growing.

 The first adjudication obtained under this provision was in Chennai, Tamil Nadu, in a case
involving ICICI Bank in which the bank was told to compensate the applicant with the amount
wrongfully debited in Internet Banking, along with cost and damages.
 There is an appellate procedure under this process and the composition of Cyber Appellate
Tribunal at the national level, has also been described in the Act.
 Every adjudicating officer has the powers of a civil court and the Cyber Appellate Tribunal has
the powers vested in civil court under the Code of Civil \ Procedure.
Q. What is UDRP (Uniform Domain-Name Dispute Resolution

Policy)? Explain.
The Uniform Domain Name Dispute Resolution Policy (the UDRP Policy) sets out the legal framework
for the resolution of disputes between a domain name registrant and a third party (i.e., a party other
than the registrar) over the abusive registration and use of an Internet domain name in the generic top
level domains or gTLDs (e.g., .biz, .com, .info, .mobi, .name, .net, .org), and those country code top
level domains or ccTLDs that have adopted the UDRP Policy on a voluntary basis. At its meetings on
August 25 and 26, 1999 in Santiago, Chile, the ICANN Board of Directors adopted the UDRP Policy,
based largely on the recommendations contained in the Report of the WIPO Internet Domain Name
Process, as well as comments submitted by registrars and other interested parties. All ICANN-
accredited registrars that are authorized to register names in the gTLDs and the ccTLDs that have
adopted the Policy have agreed to abide by and implement it for those domains. Any person or entity
wishing to register a domain name in the gTLDs and ccTLDs in question is required to consent to the
terms and conditions of the UDRP Policy.
On October 24, 1999, the ICANN Board adopted a set of Rules for Uniform Domain Name Dispute
Resolution Policy (the UDRP Rules) setting out the procedures and other requirements for each stage
of the dispute resolution administrative procedure. The procedure is administered by dispute
resolution service providers accredited by ICANN. The WIPO Arbitration and Mediation Center (WIPO
Center) is such a dispute resolution service provider.
The WIPO Center acted as technical advisors to the ICANN drafting committee charged with finalizing
the UDRP Policy and Rules. It has developed WIPO Supplemental Rules for Uniform Domain Name
Dispute Resolution Policy which supplement the UDRP Policy and Rules.

Q) Explain cyber jurisprudence. (2016)
SECTION OF
OFFENCE PENALTY
THE ACT
Imprisonment up to 3 years or a fine of 2

Section 65 Tampering with computer source documents.
lakh rupees, or both.
Imprisonment up to 3 years or a fine up to 5

Hacking & Breach of confidentiality of personal lakh rupees or both.
Section 66
information as per sec.43 & 43A (For Hacking, fine is 2 lakh rupees,
imprisonment is 3 years)
Sending offensive messages through

Section 66A Imprisonment of 3 years & fine.
communication service, etc.

Dishonestly receiving stolen resource or

Section 66B Imprisonment of 3 years & fine.
communication device.
Section 66C Imprisonment up to 3 years & fine up to 1

Identity theft
&D lakh rupees.
Imprisonment up to 3 years or fine not

Section 66E Violation of personal Privacy
exceeding 2 lakh rupees or with both.
Section 66F Cyber terrorism Imprisonment for life.
Section 67, Publishing or transmitting obscene material in Imprisonment term up to 5/7 years and fine
67A & B electronic form./pornography/child pornography up to 10 lakh rupees.
Failure to preserve and retain information by

Section 67C Imprisonment for 3 years and fine.
intermediaries
Imprisonment term up to 2 years or fine up

Section 71 Penalty for misrepresentation
to 1 lakh rupees or with both.

Section 72 Breach of confidentiality and privacy
Penalty for publishing Digital Signature Imprisonment term up to 2 years or fine up

Section 73
Certificate false in certain particular. to 1 lakh rupees or with both.

Section 74 Publication for fraudulent purpose.

UNIT-VI-Information Technology Act 2000

IT Act of India 2000:
 Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery,
defamation and mischief, all of which are subject to the Indian Penal Code.
 The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the
Information Technology Act, 2000.
 Law deals with the technology in the field of e-commerce, e-governance, e-banking as well as penalties and
punishments in the field of cyber crimes.
 Chapter-X of the Act talks of the establishment of the Cyber Regulations Appellate Tribunal, which shall be an
appellate body where appeals against the orders passed by the Adjudicating Officers, shall be preferred.
 According to the Section: 43 of ‘Information Technology Act, 2000’ whoever does any act of destroys,
deletes, alters and disrupts or causes disruption of any computer with the intention of damaging of the
whole data of the computer system without the permission of the owner of the computer, shall be liable to
pay fine upto 1crore to the person so affected by way of remedy.
 According to the Section: 43A which is inserted by ‘Information Technology(Amendment) Act, 2008’ where a
body corporate is maintaining and protecting the data of the persons as provided by the central government,
if there is any negligent act or failure in protecting the data/ information then a body corporate shall be
liable to pay compensation to person so affected.
 And Section 66 deals with ‘hacking with computer system’ and provides for imprisonment up to 3 years or
fine, which may extend up to 2 years or both.

Q)What does Chapter 3 of IT Act, 2000 e-governance stress upon? (2016)

Q)What are the duties of subscriber of digital signature certificate? (2016)

Explanation-
For the removal of doubts, it is hereby declared that the subscriber shall be liable to till he has informed the
Certifying Authority that the private key has been compromised.
Q)What are the functions of controller of CA? (2016)
Ans:-
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 24.


Q)What does chapter 4 of IT Act, 2000, “Attribution, Acknowledgement

& Dispatch of Electronic records” cover? (2016)

Q. Why was the IT act of 2000 amended in 2008?

1. The main intent to pass the 2000’s Act was to provide legal recognitions to transactions carried out by
means of electronic data interchange and other means of electronic communications, commonly known as
electronic commerce, which involved the use of alternatives to paper based methods of communication and
storage of information and to facilitate the filing of documents of government agencies.
2. But Cyber crime was not looked upon in this act. Even after passing the Act, there was still need to address
the specific cyber crimes that were taking place along with the technological advancement.
3. Since the Booming growth of BPO industry and increasing dependence on computers and networks, the
incidents of leaking of private data from the BPO’s, Banks, Healthcare sectors, telecommunication industry
gave rise to provide for a strict legislation to protect the data privacy of all the customers and corporations.
4. Also, the crimes related to privacy breach were rising but as there was no legal framework, specific to the
incidents, the IT ACT 2000 seemed ineffective.
With the developing demands, the amendments in the IT ACT 2000 were made and IT ACT 2008(amendment)
was passed finally on 23rdDecember 2008.
Q. Data Privacy.
As Data privacy remains prime importance to the topic of discussion, I will discuss the section related
to Section 43A of the amended Act which covers all the sectors of Indian economy. Section 43A was
inserted After Section 43 of the parent Act.
As per the stated Act, in Section 43A of the amended act, stats as follows:
“43A. Where a body corporate, possessing, dealing or handling any sensitive personal data or
information in a computer resource which it owns, controls or operates, is negligent in implementing
and maintaining reasonable security practices and procedures and thereby causes wrongful loss or
wrongful gain to any person, such body corporate shall be liable to pay damages by way of
compensation to the person so affected.

Q. Discuss some of the offenses and punishments covered in IT Act

2000?
Some of the offenses and punishments are as follows:
Tampering with computer source documents.
Whoever knowingly or intentionally conceals, destroys or alters or intentionally or

knowingly causes another to conceal, destroy or alter any computer source code used for a computer,
computer programme, computer system or computer network, when the computer source code is required to
be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three
years, or with fine which may extend up to two lakh rupees, or with both.
Hacking with computer system.
(1) Whoever with the intent to cause or knowing that he is likely to cause wrongful
loss or damage to the public or any person destroys or deletes or alters any information residing in a
computer resource or diminishes its value or utility or affects it injuriously by any means, commits hack:
(2) Whoever commits hacking shall be punished with imprisonment up to three years, or with fine which
may extend upto two lakh rupees, or with both.
Publishing of information which is obscene in electronic form.
Whoever publishes or transmits or causes to be published in the electronic form, any

material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and
corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter
contained or embodied in it, shall be punished on first conviction with imprisonment of either description for
a term which may extend to five years and with fine which may extend to one lakh rupees and in the event of
a second or subsequent conviction with imprisonment of either description for a term which may extend to
ten years and also with fine which may extend to two lakh rupees.
Q. What does IT Act, 2000, “Miscellaneous” talk about? Explain.

Miscellneous talks about section 80 to 90 as follows:
80. Power of police officer and other officers to enter, search, etc.
81. Act to have overriding effect.
82. Controller, Deputy Controller and Assistant Controllers to be public servants.
83. Power to give directions.
84. Protection of action taken in good faith.
85. Offences by companies.
86. Removal of difficulties.
87. Power of Central Government to make rules.
88. Constitution of Advisory Committee.
89. Power of Controller to make regulations.
90. Power of State Government to make rules.
Q. What is Cyber Appellate Tribunal? What are its powers?

Establishment of Cyber Appellate Tribunal.
(1) The Central Government shall, by notification, establish one or more appellate
tribunals to be known as the Cyber Regulations Appellate Tribunal.
(2) The Central Government shall also specify, in the notification referred to in subsection
(1), the matters and places in relation to which the Cyber Appellate Tribunal may
exercise jurisdiction.
Composition of Cyber Appellate Tribunal.

A Cyber Appellate Tribunal shall consist of one person only (hereinafter referred to as the Residing Officer
of the Cyber Appellate Tribunal) to be appointed, by notification, by the Central Government
Procedure and powers of the Cyber Appellate Tribunal.

(1) The Cyber Appellate Tribunal shall not be bound by the procedure laid down bythe Code of civil
Procedure, 1908 but shall be guided by the principles of natural justiceand, subject to the other provisions of
this Act and of any rules, the Cyber AppellateTribunal shall have powers to regulate its own procedure
including the place at which itshall have its sittings.
(2) 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 ofCivil 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;
Right to legal representation.

The appellant may either appear in person or authorise one or more legal practitioners or anyof its officers to
present his or its case before the Cyber Appellate Tribunal.
Limitation.
The provisions of the Limitation Act, 1963, shall, as far as may be, apply to an appeal madeto the Cyber
Appellate Tribunal.
Q. What does IT Act, 2000, “Penalties and Adjudication” cover?

Explain.
It Covers section 43 to 47 as follows:
43. Penalty for damage to computer, computer system, etc.
44. Penalty for failure to furnish information return, etc.
45. Residuary penalty.
46. Power to adjudicate.
47. Factors to be taken into account by the adjudicating officer.
Q. Explain Hyperlinking in website. What are the various issues

related to hyperlinking?
In copyright law, the legal status of hyperlinking (also termed "linking") and that of framing concern how
courts address two different but related web technologies. In large part, the legal issues concern use of these
technologies to create or facilitate public access to proprietary media content — such as portions of
commercial Web sites. When hyperlinking and framing have the effect of distributing, and creating routes
for distribution of, content (information) that does not come from the proprietors of the Web pages affected
by these practices, the proprietors often seek the aid of courts to suppress the conduct, particularly when the
effect of the conduct is to disrupt or circumvent the proprietors' mechanisms for receiving financial
compensation.
Historically, sites have welcomed links from others. To date, web site owners have made money primarily
from the sale of advertising at their sites. The advertising rate is set by the number of people who travel to
the site. From a revenue perspective then, web site owners are indifferent as to how a person accesses the site
-- whether directly or by linking to it from another site. Both types of access record the desired "hits" to the
site that can increase advertising revenue. The conventional view then has held that sites welcome linking
from others because it increases traffic, advertising rates, and, by inference, revenue.
Recently, however, certain sites have challenged the practice of linking without first seeking permission. In
the widely publicized Ticketmaster Corp. v. Microsoft Corp. case, Ticketmaster sued Microsoft for linking to
its site without permission. In particular, Ticketmaster objected to Microsoft's practice of linking deep within
its site rather than to the home page, and claimed, among other things, that Microsoft effectively diverted
advertising dollars that otherwise would have gone to Ticketmaster. Interestingly, the complaint was based

primarily on trademark law rather than copyright, as the copyright infringement claim appeared almost as an
afterthought.
The impetus for the suit was probably primarily economic. By linking deep within the site, Microsoft
bypassed Ticketmaster's home page which contains advertising. As a result, no "hit" to the home page was
recorded, potentially decreasing Ticketmaster's revenue. Also, Ticketmaster had set up contractual
arrangements with other firms in which those companies had agreed to pay to link to the Ticketmaster site.
Free linking by Microsoft could devalue those relationships. Finally, Ticketmaster had agreed to give
MasterCard prominence at the Ticketmaster site. Microsoft's bypassing of the home page threatened the
ability of Ticketmaster to comply with that agreement. The free link of Microsoft then seems facially to be
invidious; allowing such a free link undercuts Ticketmaster's flexibility both in designing its site and in its
marketing efforts with other sites.
However, under the copyright law, the user's act of linking is unlikely to constitute infringement because it is
probably protected either by an implied license or under the copyright doctrine of fair use. Because the user's
act would not be infringing, the party -- here, Microsoft -- who enables the user to link, could not be guilty of
contributory infringement. This result may seem incongruous in light of the objections detailed above.
However, countervailing policy considerations including netiquette, the site owner's ability to combat
unwanted linking technologically, and the First Amendment interest in maintaining the free flow of ideas and
information on the Internet support this result.
Trademark law, however, may place limits on linking. The gravamen of Ticketmaster's trademark complaint
is that a link implies an association between the linking and linked sites. When such an association is lacking,
the link could constitute trademark infringement, dilution and/or unfair competition under the Lanham Act.
However, consumer expectations are generally relevant in trademark cases. Most users are unlikely to
assume an affiliation between the two sites, particularly since the user leaves the linking site and travels to
the linked site, understanding that it is at a new web location. Users' expectations may be influenced, in part,
by the manner in which the trademark is used. If the linking site uses the linked site's fanciful logo as its
pointer, consumers are more likely to believe that there is an association than if the linking site uses the
address or name of the linked site as its pointer.
Linking then, in the absence of other wrongful conduct, is unlikely to constitute either copyright or
trademark infringement. However, if a site were to imply an association with the linked site expressly or
implicitly through the manner in which it uses the trademark, it may be liable under the Lanham Act.
Q. When was IT Act, 2000 amended? Enlist the major changes

incorporated in the amendments.
Introduction--about the need of IT Act and its amendments:
An Act to provide legal recognition for transactions carried out by means of electronic data interchange
and other means of electronic communication, commonly referred to as “electronic commerce”, which
involve the use of alternatives to paper-based methods of communication and storage of information,
to facilitate electronic filing of documents with the Government agencies. It is considered necessary to
give effect to the said resolution and to promote efficient delivery of Government services by means of
reliable electronic records. BE it enacted by Parliament in the Fifty-first Year of the Republic of India.

Two major changes---Sec 1 and Section 2

Sec 1. Short Title, Extent, Commencement and Application
(1) This Act may be called the Information Technology Act,2000. [As Amended by Information
Technology (Amendment) Act 2008]
(2) It shall extend to the whole of India and, save as otherwise provided in this Act, it applies also to
any offence or contravention hereunder committed outside India by any person.
(3) It shall come into force on such date as the Central Government may, by notification, appoint and
different dates may be appointed for different provisions of this Act shall be constructed as a reference
to the commencement of that provision.
(4) Nothing in this Act shall apply to documents or transactions specified in the First Schedule by way of
addition or deletion of entries thereto.
(5) Every notification issued under sub-section (4) shall be laid before each House of Parliament.
Sec 2. Definitions
(1) In this Act, unless the context otherwise requires,

(a) “Cyber Appellate Tribunal” means the Cyber Appellate * Tribunal established under sub-section (1)
of section 48 (* “Regulations” omitted)
(b) “Cyber café” means any facility from where access to the Internet is offered by any person in the
ordinary course of business to the members of the public.
(c) “Digital Signature Certificate” means a Digital Certificate” means a Digital Certificate issued under
sub-section (4) of section 35.
(d) “Electronic Record” means data, record or data generated, image or sound stored, received or sent
in an electronic form or micro film or computer generated micro fiche.
(e) “Electronic Signature” means authentication of any electronic record by a subscriber by means of
the electronic technique specified in the second schedule and includes digital signature.
(f) “Electronic Signature Certificate” means an Electronic Signature Certificate issued under section 35
and includes Digital Signature Certificate”.
(g) “Indian Computer Emergency Response Team” means an agency established under sub-section (1)
of section 70 B.
(h) “Information” includes data, messages, text, images, sound, voice, codes, computer programmes,
software and databases or micro film or computer generated micro fiche.
Q. What does chapter 5 of IT Act, 2000, “Secure Electronic records

& secure digital signatures” specify? Explain briefly.
Secure electronic record :
Where any security procedure has been applied to an electronic record at a specific point of time. Then such
record shall be deemed to be a secure electronic record from such point of time to the time of verification.
Secure digital signature :

If, by application of a security procedure agreed to by the parties concerned, it can be verified that a digital
signature, at the time it was affixed, was-
unique to the subscriber affixing it
capable of identifying such subscriber.

created in a manner or using a means under the exclusive control of the subscriber and is linked to the
electronic record to which it relates in such a manner that if the electronic record was altered the digital
signature would be invalidated then such digital signature shall be deemed to be a secure digital signature.
Security procedure.
The Central Government shall for the purposes of this Act prescribe the security procedure having regard to
commercial circumstances prevailing at the time when the procedure was used, including-
the nature of the transaction.
the level of sophistication of the parties with reference to their technological capacity.
the volume of similar transactions engaged in by other parties.
the availability of alternatives offered to but rejected by any party.
the cost of alternative procedures, and
the procedures in general use for similar types of transactions or communications.
Q. What are the conditions under which Intermediary gets

exemption from liability?
Who are intermediaries:

Intermediaries, such as hosts, transitory communication systems, information location tools etc are
widely recognized as essential mechanism in the wheel of exercising the right to freedom of expression
on the Internet. Most major jurisdictions around the world have introduced legislations for limiting
intermediary liability in order to ensure that this wheel does not stop spinning.
Act and its provision:

India amended Section 794 of the Information Technology Act 2000(hereinafter referred to as the Act)
in 2008 and joined the club of nations that limit intermediary liability. Though the guiding principles for
intermediary liability policy in India are derived from the European Union E-Commerce Directive , such
principles have been incompletely, incorporated into the Rules without adapting them to the
requirements of India in the current context.
Conditions under which Intermediary gets Exemption:

a) Intermediary may claim that the takedown notice region is not applicable to search engines as they
fall within the scope of the exemption offered by Rule 3(3)provision(a). The rule includes temporary or
transient or intermediate storage of information automatically within the computer resource as an
intrinsic feature of such computer resource.
b) If the system of contextual advertisements has been subcontracted by Intermediary to another
intermediary, as a result of which, Intermediary does not have any particular control over the
advertisements. Thus he exempted.

c) If the author had not established himself as an affected party then the intermediary will be
exempted from liability
d) If the intermediary builds sufficient grounds to claim benefit of the exemption in Rule 3(3)
provision(a). This provision is essentially meant to provide an exemption for techniques such as packet
switching, statistical multiplexing or any other store and forward techniques.
e) If an intermediary had not appointed a Grievance Officer as required under Rule 3(11) or modified
its content policy as required under Rule 3(2) then he or she may be exempted.
f) Intermediary will not get exemption if he or she deletes the comments from the takedown notice
intentionally. The comments include the following:
(i) The comment on the impugned URL is "racially and ethnically objectionable" as provided in Rule
3(2)(b) of the Rules
(ii) The comment on the impugned URL is "hateful" as provided in Rule 3(2)(b) of the Rules.
(iii) The comment on the impugned URL is "disparaging" as provided in Rule 3(2)(b) of the Rules.
(iv) The comment on the impugned URL is "defamatory" as provided in Rule 3(2)(b) of the Rules.
(v) The comment on the impugned URL "violates any law for the time being in force" as provided in
Rule 3(2)(e) of the Rules read with Sections 124A, 153A, 153B, 292A, 295A and 499 of the Indian Penal
Code 1860.
Q. What does chapter 9 of IT Act, 2000, “Penalties & Adjudication”

cover?
Five major points of focus.
1.Penalty of damage of computer, computer system, etc. If any person without permission of the owner or any
other person who is incharge of a computer, computer or computer network,-
(a) accesses or secures access to such computer, computer system or computer network; (b) downloads, copies
or extracts any data, computer data base or information from such computer, computer system or computer
network including information or data held or stored in any removable storage medium;
(c) introduces or causes to be introduced any computer contaminant or computer virus into any computer,
computer system or computer network;
(d) damages or causes to be damaged any computer, computer system or computer network, data, computer
data base or other programmes residing in such computer, computer system or computer network;
(e) disrupts or causes disruption of any computer, computer system or computer network; (f) denies or causes
the denial of access to any person authorised to access any computer, or computer network by any means ;
(g) provides any assistance to any person to facilitate access to a computer, computer system or computer
network in contravention of the provisions of this Act, rules or regulations made thereunder ;

Q)What are the defenses available in case of infringement of patents?

(2016)

Q)What are general obligations for enforcement of Intellectual

property rights? (2016)
Q)Write the conditions to apply for digital signature. (2016)

Conditions:
Essentially The digital signature of an electronic document aims to fulfill the following requirements:
 that the recipient can verify the identity of the sender (authenticity)
 that the sender can not deny that he signed a document (non-repudiation)

Q)What does a CA certifying, while issuing the digital signature

certificate? Explain. (2016)
Already discussed in notes refer the same

Q)Malaysian approach to cyber law?

What is Cyber Law?
Cyber law refers to any laws relating to protecting the Internet and other online communication
technologies.
The Cyber Law Acts In Malaysia
The Malaysian Government has already passed several cyber laws to control and reduce Internet
abuse.
These cyber laws include:
• Digital Signature Act 1997
• Computer Crimes Act 1997
• Telemedicine Act 1997
• Communications and Multimedia Act 1998
Beside these cyber laws, there are three other cyber laws being drafted.
• Private Data Protection Bill
• Electronic Government Activities Bill
• Electronic Transactions Bill

Digital Signature Act 1997

Digital Signature is an identity verification standard that uses encryption techniques to protect
against e-mail forgery. The encrypted code consists of the user’s name and a hash of all the parts of
the message.
By attaching the digital signature, one can ensure that nobody can eavesdrop, intercept or temper
with transmitted data.
Computer Crimes Act 1997
Gives protection against the misuse of computers and computer criminal activities such as
unauthorised use of programmes, illegal transmission of data or messages over computers, hacking
and cracking of computer systems and networks.
Users can protect their rights to privacy and build trust in the computer system.
The government can have control at a certain level over cyberspace to reduce cyber crime activities.
4 ICTL for Secondary School - Networks and The Internet Module Telemedicine Act 1997
The Telemedicine Act 1997 ensures that only qualified medical practitioners can practice
telemedicine and that their patient's rights and interests are protected.
This act provides future development and delivery of healthcare in Malaysia.
Communications And Multimedia Act 1998
The implementation of Communication and Telecommunication Act 1998 ensures that information
is secure, the network is reliable and affordable all over Malaysia.
Q)Child abuse laws in usa?

According to UNICEF “child protection is the response to violence, exploitation and abuse of children
by governments and citizens. This is inclusive of the commercial sexual exploitation, trafficking, child
labor, and harmful traditional practices…” (UNICEF)
RIGHTS OF CHILDREN
WHY DO CHILDREN COME INTO CARE?
• Child maltreatment – Abuse, neglect, and Exploitation
• Abandonment
• Resulting from complex and combination of problems and situations
– Issues of poverty
– Parental substance abuse
– Parental incarceration
– Domestic Violence
The Convention on the Rights of the Child (1989), outlines the basic rights of children
Supports the idea that the family is the fundamental unit to socialize children and to support
their growth and well-being
“…the child, by reason of his physical and mental immaturity, needs special safeguards
and care, including appropriate legal protection, before as well as after birth", Declaration
of the Rights of the Child
The United State did not sign the Declaration.
U.S.: CHILD PROTECTION

Commitment to protect children: From harm by their primary caretakers by:
– Enacting laws and implementing polices
– Funding interventions and programs
Competing values exist between
– Protection of children v Preserving families and parents rights
• The Child Abuse Prevention and Treatment Act (CAPTA) of 1974 and amendments
• The Social Security Act
– Title IV-B and Title IV-E funding
• Adoption and Safe Families Act (ASFA) of 1980, 1997
THE CHILD ABUSE PREVENTION AND TREATMENT ACT OF 1974 (CAPTA)
• Government funding to states for CAN

– Prevention, identification, prosecution, and treatment
• Government grants Demonstration Project to public and NPO agencies
• Government role in supporting research, evaluation, data collection, technical
assistance
• Health provider to report substance exposed new born infants

• State mandated
– Develop and maintain child abuse reporting system
– Investigation child maltreatment
– Protect confidentiality of data
– Develop prevention and intervention programs
Adoption and Safe Families Act (ASFA) of 1980, 1997
• Mandated court order for out of home placements
• Limited funding for voluntary placement
• Court approval of permanency plan
• 1997 move family preservation family focus from child focus approach
• Court filing for permanency child in placement more than 15 months
• Established child and Family Service Reviews Federal Children’s Bureau compares
performance of states
Question Paper - IPR and Cyber Laws April - 2015

1. Attempt any two of the following: (10)
a. What is the objective behind Patent Law?
b. Explain methods of drafting patent specification.
c. What is Trademark? What are its functions?
d. What is copyright? What are its characteristics?
a. Explain computer software as Intellectual property and its protection.
b. Explain SCPA Semiconductor Chip Protection Act, in detail.
c. Explain the procedures for registration of domain names.
d. What are digital copyright issues?
a. Discuss transfer of Patent rights in form of assignment.
b. What are different kind of assignment?
c. Explain “protecting good will trough copy rights”.
d. What are essential factors for infringement of Trademark?
a. What are disadvantages of IP licensing?
b. Explain in brief the civil remedies in enforcing intellectual property rights.
c. Explain the practical aspects of licensing.

d. Classify and explain the licensing agreement.
a. Explain the scope of cyber laws.
b. What is UDRP (Uniform Domain Names Dispute Resolution Policy)? Explain.
c. Explain briefly the issues of enforcement of rights relevant to patent protection in digital
media.
d. What are the different roles of Certifying Authority? Explain.
a. When was IT Act, 2000 amended? Enlist the major changes incorporated in the amendments
b. What does chapter 5 of IT Act, 2000, “Secure Electronic records & secure digital signatures”
specify? Explain briefly.
c. What are the conditions under which Intermediary gets exemption from liability?
d. What does chapter 9 of IT Act, 2000, “Penalties & Adjudication” cover?
7. Attempt any three of the following: (10)
a. List out the basic principle of design rights.
b. Explain in brief the enforcement of data protection.
c. What are the rights granted for registration of design.
d. Explain how licensing for technology is considered.
e. Explain Copyright issue in India. Explain Copyright in WWW.
f. What is Cyber Appellate Tribunal? What are its powers?
Question Paper - IPR and Cyber Laws April - 2016

a. What is copyright? Explain with suitable example.
b. Explain the basic steps of applying patent.
c.List out the basic principles of trademark.
d. What is Trademark? Explain the role of trade mark and its usefulness in marketing.
a. Explain the procedure for the registration of domain names.
b. Explain UK Data Protection Act.
c. Discuss the digital copyright issues.
d. Write a short note on “WIPO Treaty”
a. Explain the types of assignment.
b. What are the rights awarded to a patentee?
c. What is trade mark? What are its essential elements?
d. What are the rights granted for registration of a design.
a. What are the different types of IP Licensing formats? Explain.
b. Discuss Technology Licensing.
c. What are the advantages and disadvantages of IP Licensing?

d. List out the criminal remedies in enforcing IPR.

a. What is a need of cyber law and cyber security?
b. What are the roles performed by the certifying authorities? Explain.
c. What is e-governance? Explain.
d. Explain cyber jurisprudence.

a. What does Chapter 3 of IT Act, 2000 e-governance stress upon?
b. What are the duties of subscriber of digital signature certificate?
c. What are the functions of controller of CA?
d. What does chapter 4 of IT Act, 2000, “Attribution, Acknowledgement & Dispatch of Electronic
records” cover?
7. Attempt any three of the following: (10)

a. What are the basic principles of patent law?
b. Explain trade related aspects of IP Rights (TRIPS) in India.
c. What are the defenses available in case of infringement of patents?
d. What are general obligations for enforcement of Intellectual property rights?
e. Write the conditions to apply for digital signature. What is digital Signature?
f. What does a CA certifying, while issuing the digital signature certificate? Explain.


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Mumbai University – T.Y. B.

IPR CYBER LAW UNIT 1 to 6

UNIT TOPICS PAGE NO.

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Unit-I - Intellectual Property

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Q. 1. Explain the concept of Intellectual Property Rights?

Intellectual property acts as:

Q.2 Explain the need to protect Intellectual Property.

Keep your ideas

Protect business growth

What's protected Type of IP

Q. 3. What is the objective behind Patent Law?

Objectives of the Indian Patent Act 1970:

Q. 5. What are the basic principles of patent law?

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2. It must involve on inventive step

Q. 6. Explain the features of patent Law?

Q. 7. What are the contents of Patent Specification?

Q. 8. Explain patent application procedure.

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Q.9. Explain method of drafting patent specification.

2) ANATOMY OF A PATENT SPECIFICATION

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Q. 10. What is the difference between provisional & complete

Q. 11. Discuss different types of claims in Patent Specification & their

The claims can be categorized as:

Q. 12. What is a copyright? What are its characteristics? Or

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2. Some Form of intellectual property

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Q. 13. List the main features of Copyright Act of 1957.

Q. 14. What is a trademark? What are its functions?

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Q. 15. List out the basic principles of trademark.

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The following are the basic principles of trademark:

Q.16. Discuss the role of trademark and its usefulness in marketing?

Q. 17. What are trademark rights? How are they acquired?

1. Owner has nationwide priority rights to use the trademark,

Q. 18. Discuss the features of Indian Trade Mark Act.

Definition of trademark to include registration of shape of goods, packaging and combination of

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Q. 19. List out the basic principles of design rights.

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Q.20 What is unfair competition? How to protect from it?

Unfair competition or distortion of competition is a situation in which competitors compete on

Q. 21. Discuss “International Background of intellectual property

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“McDonalds”, a treatise on economics, a database of soup recipes, an invention to sort DNA

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Q-22) Discuss the role of trademark and its usefulness in marketing?

Q-23) International background of intellectual property rights?

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Unit-II- Information Technology Related Intellectual Property Rights

Q. 1. Explain computer software as Intellectual Property and its

s/w is a series of instructions joined together in a language which is understandable by the

Protection of computer s/w

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Q . 2. Explain protection of copyrights in digital media.

a)WIPO treaty- the WPPT and WCT treaty.