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Click to edit Master subtitle styleBY-someshwar
Sonusowmyasujith
surendersurjeeth
swati
Cyber Law and
IntellectualProperty
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Contents
History
Electronic Data Interchange
Cyber crime Electronic filing of Documentation
Digital Signature
Intellectual PropertyPatents
Trademarks
Copyrights
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Definition of Cyber Law
Cyber law is the field of law dealingwith the legal and regulatoryaspects of computer, internet and
world wide web.
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LAW ENCOMPASSES THERULE OF DOCUMENT
That have been approved by thegovernment.
Which are in force over a certain territory.
Which must be obeyed by all persons onthat territory.
violation of these rules could lead togovernment action such as imprisonment orfine or pay compensation.
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Provisions of The IT Act,2000
Email is now a valid and legal form ofcommunication in our country that canbe duly produced and approved in a courtof law.
Companies can now carry out electroniccommerce using the legal infrastructureprovided by the Act.
Digital signatures have been given legalvalidity and sanction in the Act.
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Need for Cyber Laws inIndia
Firstly, arrival of internet signaled thebeginning of the rise of new and complexlegal issues which let to the emergence
of numerous ticklish legal issues andproblems which required the enactmentof cyber Laws.
Secondly, the existing laws of India couldnot be interpreted by the emergingcyberspace relating to different activities
in the cyberspace
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Cyber Crime
Cyber crimes are unlawful actswhere the computer is used either asa tool or a target or both.
Types of cyber crimes:
- Hacking
- Cracking
- Security related crime
- Password attack
- Online investment newsletters,etc.
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Hacking:
It refers to, according to section 66
whoever with the intent to cause orknowing that he is likely to cause wrongful
loss or damage to the public or any persondestroys or deletes or alters anyinformation residing in the computerresource or diminishes its value or utility oraffects it injuriously by any means isknown as Hacking.
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Effects of Hacking
Social Network
-Facebook, Twitter, etc.
Non-Cooperation Misutilisation of IP address
Terrorism
Misutilisation of internetTampering information fed in the
computer
DESPACT OF ELECTRONIC
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DESPACT OF ELECTRONICRECORD
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 recordhas been received.
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Stipulation by the originator :
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Intellectual Property
Defined as something owned orpossessed or to which one has legal titleto.
Owner of that property has an exclusiveright to use it as he or she feels whileothers must seek his permission orauthentication to use it
Eg. Copyrights, Patents, Trademark.
Copyrights: Copyright is a right given bythe law to creators of literar dramatic
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Indian copyright law is governed bythe Indian Copyright Act, 1957.
The objective of this act is to protect
the intellectual property rights of theauthors from unlawful reproduction ,piracy , imitation and copying..
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Liability:
Any other right conferred by thisAct, shall be punishable withimprisonment and with a fineamount.
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Patents
The patent Act was originally passed in1970 and came in to force in 1972.
After India became a signatory for the
GATT agreement in 1994, the Patent actwas amended in 1999.
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A patent is a form of industrial property. Apatent may be broadly described
1.As a monopoly right conferred by the
stateto an inventor to industrially and
commercially
exploit his invention2.At the cost of making a completedisclosure of the
details of his invention.
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the criteria for an invention to bepatentable 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 aninvention can be made by any of thefollowing persons,
1. by any person claiming to be true andfirst inventor of
the invention,
2. by any person being the assignee ofthe person
claiming to be the true and firstinventor,
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Where to apply?
The application has to be filed with theHead office or branch office as the casemay be , within whose territorial limits ,
1. the applicant resides or has his principalplace of
business or domicile, or the place where
the invention actuallyoriginated or,
2. if the application is made in jointly inthe names of two or more
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Trade mark
A trade mark (also known as brandname) in simple language means, that itis a visual symbol which may be a word
signature, name, device, label, numeralsor combination of colors used by oneundertaking / firm on goods or servicesor other articles of commerce to
distinguish it from other similar goods orservices originating from a differentundertaking / firm.
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Requirement for FillingTrademark Application
Any person claiming to be the proprietor ofa trade mark used or proposed to be usedcan apply for a trademark registration .
The requirements are as follows :
Name and Address of the ApplicantCompany /Person
Trademark / Logo (10 copies)
Description of goods / services