Chapter 05

OTHER ACTS
a)

b)
c) d)

e)

Consumer Protection Act 1986 Information Technology Act 2000 Intellectual Property Rights Environment Protection Act 1986 Right to Information Act 2005

 Transition from `caveat emptor` to `caveat

vinditor`
Consumer is the end-user of `Goods` (as

defined in Sale of Goods Act 1930)

Any person paying for goods entitled to

expect that `Quality` and `nature of goods`

are as promised

DEFINITIONS
Complaint An allegation in writing With a view to obtain relief Nature of Complaint UTP, RTP, Hazardous Defective goods o Higher price fixed by o Regulator/displayed/charged as per Contract
3

Definitions (Contd.)
Consumer A person who buys goods/avails services for a consideration It must be a Valid Contract, Privity of contract Not Consumer - Goods purchased/ services availed for Commercial use Exception Commercial use exclusively for earning livelihood by means of self employment (running a PCO)

THREE TIER REDRESSAL MECHANISM

SUPREME COURT NATIONAL COMMISSION PRESIDENT SC JUDGE MEMBERS 4 (1 WOMEN) CLAIM < RS. 1 CRORE DISTRICT COMMISSION PRESIDENT HC JUDGE MEMBERS 2 (1 WOMEN) CLAIM - UPTO RS. 20 L
5

STATE COMMISSION
PRESIDENT HC JUDGE MEMBERS 2 (1 WOMEN) CLAIM -RS. 20 L - RS. 1 CR.

CASE STUDY An unqualified nurse gave wrong intravenous injection to a minor child, due to which the minor child suffered irreparable brain damage. The child now has to live vegetative and helpless life forever, requiring lifelong care and attention. Decide - Whether Child can claim compensation from the hospital (1) in above case (2) Had the patient suffered any serious problem due to anesthesia by an anesthetist called by the Hospital authorities from outside?
6

Anjali boarded a train in a station in Kerala to go to Hyderabad on professional work. She was carrying, with her a suitcase in which there were some study material, and a sum of Rs. 5800 in her hand bag. Complaint to TIE -A female passenger without reservation entered compartment and despite protests she continued to occupy the berth TIE did nothing to detrain her. When Anjali woke up at about 2 a.m., she found that her suitcase was ransacked, and important documents and cash were missing. TIE nor Guard received her complaint. Thus FIR was filed by Ms. Anjali at the police at Secunderabad, which was the destination station. Decide Whether Ms. Anjali is entitled for compensation?
7

Legal recognition to

e-commerce (thru EDI)

Electronic records, documents

Digital signature & Digital Certificate

Electronic funds transfer

Facilitate electronic filing (e-ITR, MCA 21)

DOCUMENTS EXCLUDED (excluded from purview of IT Act 2000)

1. Documents that are to be witnessed by Notary 2. Negotiable instrument Promissory Notes and Bills of Exchange 3. Power of Attorney 4. Trust deed (created under Indian Trust Act 1882) 5. Transfer of immovable property

DIGITAL SIGNATURE
AGREEMENT TEXT Use of Algorithm MESSAGE DIGEST

HASH FUNCTION
MESSAGE AUTHENTICATED THRU ATTACHED PRIVATE KEY

MESSAGE DIGEST

RECEIVER DECRYPTS THRU PUBLIC KEY

Use of Algorithm

What is IPR
An intangible asset created/invented by use of human intellect that is capable of commercial exploitation It empowers exclusive rights to a person (living/non-living) for a specified period

11

TYPES OF IPRs

PATENT

TRADE MARK

COPYRIGHT

DESIGNS

12

TRADEMARK ACT 1999

Trademark An identity mark applied to articles of commerce to indicate distinctiveness of goods. It may be a symbol, word, device or combination thereof. This mark should be used in the course of trade Trademark owner Person in whose name mark is regd. Registered user An authorised person to use regd mark
13

TYPES OF TRADEMARK
Registered Trademark a trademark that is duly registered under this Act

Certification Mark - Mark used to certify quality, method etc. Never used by the owner
Collective Mark - used by all members of

Society, Association Well known trademark Has become well known in substantial segment of public Service Mark Used by service provider

14

PATENT ACT 1970

Genesis - Trade Related Intellectual Property Right (TRIP) An exclusive right to make commercial exploitation of a new invention
o To manufacture patented product or o To use patented process

Elements of `Patent` novel involve inventive steps capable of commercial exploitation be described (as to the process)
15

INVENTIONS NOT PATENTABLE

Contrary to well established natural laws

Contrary to morality, public health

Abstract theory Mere discovery of a known process, machine

Arrangement or re-arrangement of a known device

Process for enhancing efficiency

Atomic energy

16

COPYRIGHTS ACT 1957

An IPR to protect the creativity of an Author,

Artist, in his original creative work in

literary, dramatic musical and artistic works, cinematograph film and records

17

ENVIRONMENT PROTECTION ACT 1986

SOURCE - United Nations Conference on Human Environment India being constituent member enacted on 23rd May 1986 Environment includes

Water Air Land Bio-medical

interrelationship with human beings, macro organisms, property

Environment Pollution - presence of any solid, liquid organeous substance so as to cause injury to environment
18

RIGHT TO INFORMATION ACT 2005

Informed citizenry and transparency of information- vital to democracy, contain

corruption and hold Governments and their instrumentalities accountable to the governed (citizen) Secure access to information under control of public authorities, Preservation of confidentiality of sensitive information Likely to conflict with other public interests; harmonise them

PROCEDURE TO RECEIVE INFORMATION

Application o in writing or through electronic means in English or o o o

o
o o

regional language along with prescribed fees to Public Information Officer no fees from persons below poverty line not required to give any reason for requesting information Time limit for providing information 30 days, in case of life or liberty of person 48 hours When information may not be given security, strategic, scientific, economic interests of State, relation with foreign State or lead to incitement of an offence would cause a breach of privilege of Parliament/Assembly commercial confidence, trade secrets or IPRs impede process of investigation