“Cyber law & IP Security

Issues”
The Indian perspective

Presented by:
Atul S. Jaybhaye
B.A.LL.M.NET
What is Cyber Law?
 A law which relates to computer and cyberspace related
issues.
 Concept of cyber crime, Computer as a tool or target.
 It can be categorised into cyber crimes against persons,
property & government
 Cyber crime differs from the conventional crime.
Need for Cyber Law
 No doubt upon utility of computers and Internet but it has
some disadvantages too.
 Internet is easily accessible, there is no any territorial
jurisdiction.
 Hacking, cheating, cyber stalking, sending or publishing
obscene material has become rampant.
 To prevent misuse of Internet and to curb cyber crimes,
there is a need of cyber law.
History of IT Act, 2000
 The United Nations Commission on International Trade
Law (UNCITRAL) adopted model law on E-commerce in
1996.
 India was a signatory party to this commission.
 This commission gave recommendations in respect of
value of computer records, electronic signature and
records.
 Such recommendations were adopted by General Assembly
of UN and passed a resolution to enact in every nation
model law on e-commerce.
Scope & Object of IT Act,2000
Object of IT Act:
 To respond and to give effect to the United Nations
recommendations.
 To provide ‘legal recognition’ for transactions carried out
by means of Electronic data.
 To facilitate electronic filing of documents with the govt.
Agencies.
 To promote Electronic governance.
Overview of IT Act, 2000
 Enactment date 9th June, 2000.
 It contains 90 sections divided in 13 chapters.
 It extends to the whole of India including the state of
Jammu & Kashmir.
 However, this Act does not apply to the following
documents or transactions
 A Negotiable instrument (other than a cheque), A Will,
Power of Attorney, trust deed, Sale deed etc.
Important chapters of the Act

Digital
signature

E- Certifying
Governance Authorities

Cyber Offences
Appellate and
Tribunal penalties
Meaning of Intellectual property
 Every person has a right to protect his own property.
 ‘Intellectual property’ refers to the creations of the
human mind.
 Our law gives legal protection to IP at national and
international level.
 TRIPS Agreement, WIPO are the international treaties for
the protection of IP.
Types of Intellectual property

Trademark

Patent Copyright

Geographical Integrated
Indications Circuits
Copyright issues in cyberspace
 Copyright as a ‘bundle of rights’.
 Subject matter of Copyright work- any literary, dramatic,
musical, artistic, cinematographic films, sound recording
and computer programmes
 Computer software & Copyright Law – challenges and
issues?
 Types of software & its infringement
Forms of Copyright infringement through
cyberspace

Linking

In-lining Framing
Trademark Vs. Domain names

 Sec.2(1) (zb) "trade mark" means a mark capable of being represented

graphically and which is capable of distinguishing the goods or
services of one person from those of others and may include shape of
goods, their packaging and combination of colours.
What is a domain name?
 A name assigned to a particular website.
Levels of Domain names
 Generic top level domain names (gTLD)
Example: .com .org .edu .gov .net

 Second level domain names (SLDs)

Example: www.snapdeal.com

 Country code top level domain names (ccTLDs)

Example: .in .ca .us
Trademark & Domain name issues in
cyberspace
 Registration of Trademark under TM Act, 1999
 Registration of domain names through .IN Registry

 How the dispute arises between TM & domain names?

Ex. ‘Parker’ as TM and creating a website in bad faith like
www.parker.com
Forms of infringement of Trademark
through Cyberspace
A. Cybersquatting
B. Reverse domain name hijacking/Reverse Cybersquatting

Ex. ‘Parker’ as TM and creating a website in bad faith like

www.parker.com
Landmark cases
 Yahoo! Inc Vs. Akash Arora & others, 1999 (Delhi HC)
 Tata Sons Ltd. Vs. Arno Palmen & others, 2005 (Delhi HC)
 Satyam Infoway Ltd. Vs. Sifynet Solutions Pvt. Ltd., 2004
(SC)
Role of U.D.R.P.
 Domain Name Dispute Resolution Policy.
 It was launched on 1st Dec. 1999
 a process established by the Internet Corporation for
Assigned Names and Numbers (ICANN) for the resolution of
disputes regarding the registration of internet domain
names.
 What are the functions of U.D.R.P.?
Conclusion & suggestions
 The IT Act is Silent upon jurisdiction issues, cyber stalking, cyber
defamation, IP Security issues etc.
 Cyber security policy 2013 also failed to address upon some important
issues.
 Special legislation shall be enacted for the prevention of cybersquatting
as U.S. enacted. i.e. U.S. Anti Cybersquatting Consumer Protection
Act,1999
 Electronic certificate should not be mandatory under section 65 B of
Indian Evidence Act, 1872.
 Need for effective investigation and proper presentation of E-evidence
in court.
Thank you…