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Ques.1 Narrate the various international legal instruments for

preventing ‘cyber crimes’?

Ans.1 The computer is used as a tool in financial crimes, sale of

illegal articles, pornography, online gambling, intellectual property
crime, e-mail spoofing, forgery, cyber defamation, cyber stalking.There
are many regional international organizations, with a narrow or broad coverage
of states, more or less making efforts to maintain cybersecurity and harmonize
international measures to combat cybercrime. This section will introduce only
four of these organizations, which have taken typical actions in combating
cybercrime.

The Asia-Pacific Economic Cooperation (APEC)

The Council of Europe (COE)

The European Union

The Organization of American States (OAS)

INTERNATIONAL INSTRUMENTS RELATING TO CYBER CRIMES

I.A European Convention on Cyber Crimes1

I.B RECOGNITION OF FOREIGN JUDGMENTS

Ques.2 Elucidate the objective of UNCITRAL Model Law on Electronics

Commerce 1996 ?

Ans.2 The UNCITRAL Model Law on ‘Electronic Commerce’ was adopted by the
United Nations Commission on International Trade Law (UNCITRAL) in 1996. The
principles expressed in the Model Law are also intended to be of use to individual
users of electronic commerce in the drafting of some of the contractual solutions that
might be needed to overcome the legal obstacles to the increased use of electronic
commerce. To help to remedy disadvantages stemming inadequate disparate and
uncertain domestic legislations related to international trade, a significant amount of
which is linked to the use of modern communication techniques To provide, in certain
cases, as a tool for interpreting existing international Conventions and other
international instruments that create legal obstacles to the use of electronic
commerce.
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Ques.3 Examine the scope of Berene convention 1886 as an

international instrument realating to Intelleciual Property
Rights?

Ans.3 Berne Convention:-The Berne Convention requires its signatories to

recognize thecopyright of works of authors from other signatory countries in the
same way as itrecognises the copyright of its own nationals.In addition to
establishing a systemof equal treatment that internationalised copyright amongst
signatories, theagreement also required member states to provide strong minimum
standards forcopyright law.

ii) Rome Convention for the Protection of Performers, Producers of Phonogramsand

Broadcasting Organisations (1961)

iii) World Intellectual Property Organization Copyright Treaty (WPT) 1996

iv) World Intellectual Property Organization Performances and Phonograms

Treaty(WPPT) 1996v) Uniform Domain Name Dispute Resolution Policy
(UDRP) (As Approved by ICANNon October 24, 1999).

Ques.4 Critically analyse the role and powers of ‘Cyber

Appellate Tribunal’ in adjudicating the cyber disputes ?

Ans.4 The Cyber Appellate Tribunal act provides for the setting
up of the setting up of Cyber Appellate Tribunal (CAT) for keeping a
check on cyber crimes .The CAT is not bound by the Code of Civil
Procedure, 1908 but it observes the principles of natural justice,
subject to the provisions of the Act and of any rules. The CAT has
the power to regulate its own procedures such as the place at which
it shall have its sittings. For some purposes such as summoning and
enforcing the attendance, requiring the discovery and production of
data, etc under the act same powers as are vested in a civil court
under the Code of Civil Procedure,1908, while trying a suit.

Ques.5 Examine the sailent Feature of World

Intellectual Property Oraganization Copyright
Treaty (WPT)1996?

Ans.5 The World Intellectual Property Organization (WPT) is a

specializedagency of the United Nationscreated in 1967 to encourage
creative activity, topromote the protection of intellectual property
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throughout the world, andtill dateit has administered 24 treaties such

asthe Berne Convention for the Protectionof Literary and Artistic Works
and the Paris Convention for the Protection ofIndustrial Property,
etc.The WIPO Copyright Treaty, is an international treaty on
copyright law adopted bythe member states of the WIPO in 1996.
It provides additional protectionsfor copyright deemed necessary
due to advances in information technology sincethe formation of
previous copyright treaties before it.