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IPR & Tech Laws
The area of Intellectual Property Rights is one of the quickest developing criminal fields, especially due to the fact of the appearance of e-trade which has extensively multiplied the area of Intellectual Property Rights. IPR protects creations and inventions resulting from intellectual activity in the industrial, scientific, literary, or artistic fields. The most common IPRs include patents, copyrights, marks, and trade secrets.
With the introduction of Information Technology, the modern international witnesses complicated, demanding situations bobbing up out of the brand new without borderlines area the internet creates. The Cyber area brings forth myriad pertinent legal matters that require deep understanding and on-the-spot professional advice.
The various matters which are covered in IPR and Tech laws are:-
Intellectual Property Rights
Intellectual Property (IP) is a creation of the human mind. It can be research, logo, painting, music, etc. Intellectual Property is an intangible right that is exercisable in respect of tangible work. Under the umbrella of Intellectual Property Rights, it covered Trademark, Copyright, Patent, etc.
Under Intellectual Property, copyright is concerned with protecting human intellect, such as the protection of literary and artistic work. These include writings, music, and fine arts, such as paintings and sculptures, and technology-based works, such as computer programs and electronic databases. Due to the growing competition among the companies, trademarks such as brand, logo, etc., have been used to distinguish them from other similar goods or services originating from another.
Patents are one of the oldest forms of intellectual property protection. A patent protects an invention and grants the owner exclusive rights to use his/her invention for a limited period of time provided that the invention meets certain conditions, such as the electric iron, safety pin, ballpoint pen, telephone, etc. Software patents are very helpful. It can protect features of a program, algorithm, functions, etc. Protection against unfair competition has been an intellectual property system. It promotes fair practice and prohibits unfair competition such as misleading advertisements, false allegations, using similar indications, etc.
Cybercrime refers to all the activities done with criminal intent in cyberspace. To deal with the crime, the Indian government has the Information Technology Act, 2000. Cyberbullying is a form of communication to bully a person, typically by sending messages of an intimidating or threatening nature. Cyber Cyberbullying or harassment is a distinct Cybercrime, and it can be sexual, racial, religious, or other.
Cyber Terrorism is an offense that denies access to an authorized person’s computer resource or attempts to penetrate/access a computer resource without authorization, with an aim to threaten the unity, integrity, security, or sovereignty of the nation. This is a non-bailable offense.
Section 66 of the IT Act deals with the offense of computer hacking. In simple words, hacking is accessing a computer system without the express or implied permission of the owner of that computer system. Punishment for hacking is imprisonment up to three years or a fine which may extend to 2 lakh rupees or both.
When someone with grudge posts nude or semi-nude videos or photos of a person online to get unfair means. It is a criminal offense under IPC, and IT Act 2000.
“Cyber stalking” crime is where the stalkers use the internet or any other electronic device to stalk someone. The purpose behind phishing is to divulge personal information and steal the user’s identity, passwords, rob bank accounts & consequently take over the computer.
Cyber arbitration is nothing but a process of arbitration carried on with the help of computers and the internet, wherein only the virtual presence of parties is required (not the physical presence).
Electronic discovery (e-discovery) is the electronic aspect of identifying, collecting, and producing electronically stored information (ESI) in response to a request for production in a lawsuit or investigation. E-discovery is used in the initial phases of litigation when involved parties must provide relevant records and evidence related to a case. This process includes obtaining and exchanging electronic data that is sought, located, secured, and searched for with the intent of using it as evidence.
According to the Ministry of Electronics and Information Technology (MeitY), “e-Commerce” is a type of business model, or segment of a larger business model, that enables a firm or individual to conduct business over an electronic network, typically the internet. The E-Commerce Rules provide a framework to regulate the marketing, sale, and purchase of goods and services online under all e-commerce entities. The Consumer Protection Act 2019 modified E-Commerce Rules to provide a framework to regulate the marketing, sale, and purchase of goods and services online.
The regulatory and policy framework covering India’s communications sector includes a number of laws, rules, regulations, guidelines, etc., established by the Indian government. The primary statutes regulating the sector include the Indian Telegraph Act 1885 (the Telegraph Act); the Indian Wireless Telegraphy Act 1933 (the Wireless Act); the Telecom Regulatory Authority of India (TRAI) Act 1997 (the TRAI Act); the Information Technology Act 2000 (the IT Act). etc. The Telegraph Act is the primary legislation comprising the telecommunications regulatory framework for India and prescribing various powers of the government to operate and regulate telecoms services in the country.
Data protection is a set of processes to protect the privacy and integrity of his/her data to prevent data theft, manipulation, and misuse of data. For example, Encryption—alters data content according to an algorithm that can only be reversed with the proper encryption key. Encryption protects our data from unauthorized access even if data is stolen by making it unreadable.
Credit Card Frauds
Credit card fraud refers to a scammer using our credit card number or PIN or stolen credit card for financial transactions through illegal means with or without our knowledge. Credit card fraud arises in different ways, such as lost or stolen credit cards, skimming of credit cards, hacking of computers, calling about fake prizes, phishing attempts, such as fake emails, etc. One step toward a solution can immediately block the card by using the mobile banking app or by calling the bank’s helpline and checking security prior to the transaction.
Investigation Of Cyber Crime
Investigation of cybercrime involves the process of investigating, analyzing, and recovering critical forensic digital data from the networks involved in the attack; it can be an internet or local network to identify the actual perpetrator. The cyber investigation includes investigation of hacking incidents, data breaches, phishing attempts, email fraud, financial crimes, online scams, and cyberattacks, and the need to collect data and evidence to uncover the sources and to prevent them.
Technology Transfer And Technical Assistance Agreement
Technology Transfer Arrangement is when one party systematically transfers to another party the knowledge for the manufacture of a product, the application of a process, or the rendering of a service, which may involve the transfer, assignment, or licensing of intellectual property rights. The Technology Transfer Agreement is being used in technological cooperation strategies where companies strive to enter into competition in certain sectors or markets but without having to develop Internal technological advancement.
Domain Names Dispute Resolution
According to WIPO, the Uniform Domain Name Dispute Resolution Policy (the UDRP Policy) sets out the legal framework for the resolution of disputes between a domain name registrant and a third party (i.e., a party other than the registrar) over the abusive registration and use of an Internet domain name in the generic top-level domains or gTLDs (e.g., .biz, .com, .info, .mobi, .name, .net, .org). ICANN has adopted the Uniform Domain Name Dispute Resolution Policy (UDRP) for the resolution of domain name disputes and provides for arbitration of the dispute instead of litigation in respect of domain name disputes.
Formation Of Contracts And Legal Vetting Of Web Content
A legal contract is an agreement between the parties that protects one business entity with its rights and remedies. An agreement also creates responsibilities, conditions, manners, deadlines, monetary issues, etc., so that each corner of the agreement is properly sealed, failing which parties may suffer losses. The essential entities under legal contracts are definition, validity, considerations, termination, non-disclosure, etc. Legal vetting means thorough due diligence, careful and critical review of documents to ensure they can be properly executed legally.