Entrepreneurship and Intellectual Property Rights

Course Code: 10HSS71

Cyber Laws
(Protecting IP over digital millennium)

12/20/2014

Cyberspace
Coined in 1980s by Science friction writer William Gibson.
Cyberspace like physical space comprises of four sub concepts i.e. place,
distance, size and route.

Cyberspace represents the new medium of communication, electronic

communication.
Includes computers, networks, the internet, software, data storage devices
(such as hard disks
USB disks etc), websites, emails and even electronic
devices
such as cell phones, ATM machines etc.

Unique features- borderless space, dynamic, anonymity,

effective, marked with rapid technological
advances.

speed, cost

Cyber laws
The Information Technology, Inventions and Discoveries
widen the scientific horizons but pose new challenges for
the legal world.
Disputes arising out of these challenges, whether
statutory or otherwise, are referred as the Cyber Laws.
European Union, USA, United Nations Commission On
International Trade Law (UNCITRAL) have already
framed important laws to regulate cyberspace.
In India, Information Technology Act (ITA) is also based
on UNCITRAL model, all cyber laws are contained in
Information Technology Act, 2000.

Issues in Cyberspace
With the advent of the internet, transmission of information
and transacting of business across borders, various issues
related to cyberspace have cropped up on legal front.
Following are some major issues:1.
2.
3.
4.
5.
6.
7.
8.

Jurisdiction
Cyber Crime
Intellectual Property
Cyber Forensic
E-commerce
Electronic Evidence
Privacy
Contract

Cyber Crime
Cyber crime is a crime committed over the Internet.
It could be against the government, property and
against any person in various forms.
The law enforcement agencies are facing difficulties in
dealing with cyber crime.

In India, Information Technology Act, 2000 is the

legislation that deals with issue related to cyber crime.

Types of Cyber Crime

Cyber Crime

Brief Description

Relevant Section
in IT Act

Punishments

Cyber Stalking

Stealthily following a person,

tracking his internet chats.

43, 65, 66

3 years, or with
fine up to 2 lakh

Cyber Pornography
including child pornography

Publishing Obscene in Electronic

Form involving children

67, 67 (2)

10 years and with

fine may extends
to 10 lakh

Intellectual Property Crimes

Source Code Tampering, piracy,

copyright infringement etc.

65

3 years, or with
fine up to 2 lakh

Cyber Terrorism

Protection against cyber terrorism

69

Imprisonment
for a term, may
extend to 7 years

Cyber Hacking

Destruction, deletion, alteration, etc

in a computer resources

66

3 years, or with
fine up to 2 lakh

Phishing

Bank Financial Frauds in Electronic

Banking

43, 65, 66

3 years, or with
fine up to 2 lakh

Privacy

Unauthorised access to computer

43, 66, 67, 69, 72

Increasing Cyber threats in India

In a survey conducted by National crime records Bureau, Ministry of
Home Affairs shows that cyber crime is increasing everyday in various
forms.
Cyber Crimes increased by 60.3% in 2012 as compared to previous year.
Cyber Forgery 47%% and Cyber Fraud 37% were the main cases under
IPC category for Cyber Crimes.
57% of the offenders under IT Act were in the age group 18-30 and 38%
of the offenders under IPC Sections were in the age group 30-45 years.

According to analysts at the Indian Institute of Science, Tax evasion,

cheating on the Internet, identity theft, child pornography and other
cyber crimes cause a loss of $50 billion annually.

Protection of Intellectual Property

Intellectual Property is a property that arises from the human intellect.
It is a product of human creation.
In broad field of IPR, there are various acts which govern
intellectual property assets.
In cyberspace, the problem began when unrelated party started using
intellectual property of others or of famous brand with the intention
to use it otherwise.
Section 65 of ITA provides for protection of IPR from misuse.
In the present scenario, trademark disputes pose a serious challenge, as
that is one area where the major developments have taken place.
One of the first issues to arise in relation to IPR due to cyberspace was
with respect to domain names.

Trademark & domain

names

Copyright

Trade secrets

Patent

Categories of IP
rights
Utility model/Designs

Geographical
Indications

Plant Breeders rights

Classification of IPR
Intellectual Property

IPR

Trademarks

Broadcasting

Copyright

Patents
Music

Dramatics Works
Literature
Sound Recording

Industrial Design
Works of Art
Geographical
Indications

Computer Programs

Different Acts governing IP assets

Trade Marks

Patents
Copyright

Designs

The Trade Marks Act, 1999

The Patents Act, 19 70
The Copyright Act, 1957
The Designs Act, 2000

Geographical Indications

The Geographical Indications

Of Goods Act, 1999

Plant Varieties

The Protection of plant varieties and

Farmers Right Act, 2001

Semi conductor IC layout

Semi conductor IC layout design

Act,2000

Perspective of IP over Internet

Nature of internet- Borderless space, ease of flow of information,
promptness, anonymity, easy to share, distribute and copy information
at very less cost.
These multiple perspectives to IPR include:
"Information Wants to be Free." These people believe there
should be no copyrights or other protections of intellectual
property; everything made publicly available should be public
domain.
"Right of Attribution." These people believe that the only rights
owed to authors and creators is the right of attribution; otherwise,
all information is free.
"Limited Use Rights." These people believe that copyright has
validity but minor infringing behavior, whether "fair use" or not,
should be legal.
"Strong IP Regimes." These people adhere strictly to intellectual
property protections.

Protecting Copyrights in Digital

environment
The question of new, sui generis form of
protection was seriously considered in the 1970s,
but copyright protection became the norm.
TRIPS Agreement requires that Computer
program, whether in source or in object code, shall
be protected as literary works under the Berne
Convention
India party to Berne convention, Paris convention
and UCC1952.
India-Copyright Act Section 2(o)-computer program is literary work.
section 2(ffc) defines computer program.,
section 2(ffb) defines computer-copyright tangible
storage in any medium

IP violation in Internet
Domain name similar to that of known companies are used
by persons in order to promote their products or services.
A company creates a website to promote his business of soft
drinks and deliberately gives it the domain name
www.cocacola.com ,
This domain name is bound to confuse and mislead the
customers as that of the well known Coca-Cola and encourage
them to buy the product which infact is of another company.
This can be termed as passing off.

Laws and dispute resolution

Indian Laws
i.
ii.
iii.
iv.
v.
i.
ii.

Information Technology Act, 2000

Information Technology (Amendment) Act, 2008
Cyber crime investigation cell
Communications convergence Bill, 2001
Cyber security forum-Joint collaboration between
India and U.S.
E-Governance and E-Policy
Punishments

International initiatives

i.
ii.
iii.
iv.

Arbitration and Mediation- Conventions

World Intellectual Property Organization (WIPO)
Council of Europe Convention on cyber crime
Cyber Tribunals

Salient features of the Information

Technology Act, 2000 (1/2)

Extends to the whole of India (Section 1).

Authentication of electronic records (Section 3)
Legal Framework for affixing Digital signature by use of asymmetric
crypto system and hash function (Section 3)
Legal recognition of electronic records (Section 4)
Legal recognition of digital signatures (Section 5)
Retention of electronic record (Section 7)
Publication of Official Gazette in electronic form (Section 8)
Security procedure for electronic records and digital signature
(Sections 14, 15, 16)
Licensing and Regulation of Certifying authorities for issuing digital
signature certificates (Sections 17-42)
Functions of Controller (Section 18)

Salient features of the Information

Technology Act, 2000 (2/2)

Data Protection (Sections 43 & 66).

Various types of computer crimes defined and stringent penalties provided under the
Act (Section 43 and Sections 66, 67, 72)
Establishment of Cyber Appellate Tribunal under the Act (Sections 48-56)
Appeal from order of Adjudicating Officer to Cyber Appellate Tribunal and not to any
Civil Court (Section 57)
Appeal from order of Cyber Appellate Tribunal to High Court (Section 62)
Interception of information from computer to computer (Section 69)
Act to apply for offences or contraventions committed outside India (Section 75)
Investigation of computer crimes to be investigated by officer at the DSP
(Deputy Superintendent of Police) level.
Power of police officers and other officers to enter into any public place and search
and arrest without warrant (Section 80)
Offences by the Companies (Section 85)
Constitution of Cyber Regulations Advisory Committee who will advice the Central
Government and Controller (Section 88)

New provisions added through

Amendments- IT (Amendment) Act,
2008
New Section to address technology neutrality from its present technology specific
form (i.e. Digital Signature to Electronic Signature)- Section 3A

New Section to address promotion of e-Governance & other IT application

a) Delivery of Service
b) Outsourcing Public Private Partnership- Section 6A

New Section to address electronic contract-Section 10A

New Section to address data protection and privacy -Section 43
Body corporate to implement best security practices-Sections 43A &72A
Multimember Appellate Tribunal-Sections 49-52
Offensive messages and Spam-Section 66A
Pornography-Section 67A
Preservation and Retention of Data/Information-Section 67C
Blocking of Information for public access-Section 69A

ITA 2008 Act amendments

Monitoring of Traffic Data and Information for Cyber Security-Section 69B

New section for designating agency for protection of Critical Information

Infrastructure-Section 70A

New Section for power to CERT-In to call and analyse information relating to breach
in cyber space and cyber security-Section 70 B

Revision of existing Section 79 for prescribing liabilities of service providers in certain

cases and to Empower Central Government to prescribe guidelines to be observed by
the service providers for providing services. It also regulate cyber cafes.-Section 79

New Section for Examiner of Digital Evidence-Section 79A

New Section for power to prescribe modes of Encryption-Section 84A

Punishment for most of offences were reduced from three years to two years