Cyber Law and Intellectual BYsomeshwar Sonu Property sowmya

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sujith surender surjeeth swati

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Contents

History Electronic Data Interchange Cyber crime Electronic filing of Documentation Digital Signature Intellectual Property

Patents

Trademarks
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Copyrights

Definition of Cyber Law

Cyber law is the field of law dealing with the legal and regulatory aspects of computer, internet and world wide web.

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LAW ENCOMPASSES THE RULE OF DOCUMENT

That have been approved by the government. Which are in force over a certain territory. Which must be obeyed by all persons on that territory.

violation of these rules could lead to government action such as imprisonment or fine or pay compensation.
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Provisions of The IT Act, 2000

Email is now a valid and legal form of communication in our country that can be duly produced and approved in a court of law. Companies can now carry out electronic commerce using the legal infrastructure provided by the Act. Digital signatures have been given legal validity and sanction in the Act.

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Need for Cyber Laws in India

Firstly, arrival of internet signaled the beginning of the rise of new and complex legal issues which let to the emergence of numerous ticklish legal issues and problems which required the enactment of cyber Laws. Secondly, the existing laws of India could not be interpreted by the emerging cyberspace relating to different activities in the cyberspace

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Thirdly, non of the existing laws give any legal validity to all the activities in the cyberspace. Eg: E-mail Fourthly, internet requires legal infrastructure at present time, which is given only by the enactment of the relevant cyber laws. Eg: E-commerce

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Cyber Crime

Cyber crimes are unlawful acts where the computer is used either as a tool or a target or both.

Types of cyber crimes:

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Hacking Cracking Security related crime Password attack investment newsletters,etc.

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Hacking: It refers to, according to section 66 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 the computer resource or diminishes its value or utility or affects it injuriously by any means is known as Hacking.
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Effects of Hacking

Social Network -Facebook, Twitter, etc. Non-Cooperation Misutilisation of IP address Terrorism Misutilisation of internet Tampering information fed in the computer

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DESPACT OF ELECTRONIC RECORD

Originator : one who sends , generates, stores electronic message. Acknowledgement of Receipt : no agreement.but is given in two forms a) any communication by the address b) any coduct of the adress to indicate the originator that the electronic record has been received.

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Stipulation by the originator :

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Intellectual Property

Defined as something owned or possessed or to which one has legal title to. Owner of that property has an exclusive right to use it as he or she feels while others must seek his permission or authentication to use it Eg. Copyrights, Patents, Trademark.

Copyrights: Copyright is a right given by 4/24/12 the law to creators of literary, dramatic,

Indian copyright law is governed by theIndian Copyright Act, 1957. The objective of this act is to protect the intellectual property rights of the authors from unlawful reproduction , piracy , imitation and copying..

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Liability: Any other right conferred by this Act, shall be punishable with imprisonment and with a fine amount.

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Patents

The patent Act was originally passed in 1970 and came in to force in 1972. After India became a signatory for the GATT agreement in 1994, the Patent act was amended in 1999.

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A patent is a form of industrial property. A patent may be broadly described 1.As a monopoly right conferred by the state to an inventor to industrially and commercially exploit his invention 2.At the cost of making a complete disclosure of the details of his invention.

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the criteria for an invention to be patentable are (1) Invention must be novel (2) be an inventive step and (3) is capable of industrial application

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Who can apply for a patent

An application for a patent for an invention can be made by any of the following persons, 1. by any person claiming to be true and first inventor of the invention,

2. by any person being the assignee of the person claiming to be the true and first 4/24/12 inventor,

Where to apply?

The application has to be filed with the Head office or branch office as the case may be , within whose territorial limits ,

1. the applicant resides or has his principal place of business or domicile, or the place where the invention actually originated or, 2. if the application is made in jointly in 4/24/12 the names of two or more

Trade mark

A trade mark (also known as brand name) in simple language means, that it is a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking / firm on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking / firm.

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Requirement for Filling Trademark Application

Any person claiming to be the proprietor of a trade mark used or proposed to be used can apply for a trademark registration .

The requirements are as follows :

Name and Address of the Applicant Company /Person Trademark / Logo (10 copies) of goods / services

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