Note for Information Security and Cyber Law - ISCL by Rishabh Pathak
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IPR UNIT 1,2,3,4,5,6 TYBSC(IT) SEM 6 COMPILED BY ILQA NARKAR 302 PARANJPE UDYOG BHAVAN, NEAR KHANDELWAL SWEETS, NEAR THANE STATION , THANE (WEST) PHONE NO: 8097071144 / 8097071155 / 8655081002
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UNIT Unit-I Unit-II Unit-III Unit-IV Unit-V Unit-VI TOPICS Intellectual Property: Introduction, Protection of Intellectual Property Copyright, Related Rights, Patents, Industrial Designs, Trademark, Unfair Competition Information Technology Related Intellectual Property Rights Computer Software and Intellectual Property-Objective, Copyright Protection, Reproducing, Defences, Patent Protection. Database and Data ProtectionObjective, Need for Protection, UK Data Protection Act, 1998, US Safe Harbor Principle, Enforcement. Protection of Semi-conductor Chips-Objectives Justification of protection, Criteria, Subject-matter of Protection, WIPO Treaty, TRIPs, SCPA. Domain Name Protection-Objectives, domain name and Intellectual Property, Registration of domain names, disputes under Intellectual Property Rights, Jurisdictional Issues, and International Perspective. Patents (Ownership and Enforcement of Intellectual Property) PatentsObjectives, Rights, Assignments, Defences in case of Infringement CopyrightObjectives, Rights, Transfer of Copyright, work of employment Infringement, Defences for infringement Trademarks-Objectives, Rights, Protection of good will, Infringement, Passing off, Defences. Designs-Objectives, Rights, Assignments, Infringements, Defences of Design Infringement Enforcement of Intellectual Property Rights - Civil Remedies, Criminal Remedies, Border Security measures. Practical Aspects of Licencing – Benefits, Determinative factors, important clauses, licensing clauses. Cyber Law: Basic Concepts of Technology and Law : Understanding the Technology of Internet, Scope of Cyber Laws, Cyber Jurisprudence Law of Digital Contracts : The Essence of Digital Contracts, The System of Digital Signatures, The Role and Function of Certifying Authorities, The Science of Cryptography Intellectual Property Issues in Cyber Space: Domain Names and Related issues, Copyright in the Digital Media, Patents in the Cyber World. Rights of Netizens and E-Governance : Privacy and Freedom Issues in the Cyber World, E-Governance, Cyber Crimes and Cyber Laws Information Technology Act 2000 : Information Technology Act-2000-1 (Sec 1 to 13), Information Technology Act-2000-2 (Sec 14 to 42 and Certifying authority Rules), Information Technology Act-2000-3 (Sec 43 to 45 and Sec 65 to 78), Information Technology Act-2000-4(Sec 46 to Sec 64 and CRAT Rules), Information Technology Act-2000-5 (Sec 79 to 90), Information Technology Act-2000-6 ( Sec 91-94) Amendments in 2008. PAGE NO 1 10 23 40 46 56
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TYBSC-IT (SEM 6) ELECTIVE IPR UNIT 1 INTRODUCTION Intellectual Property (IP) is a legal concept which refers to creations of the mind for which exclusive rights are recognized. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights, and in some jurisdictions trade secrets. Many of the legal principles governing intellectual property rights have evolved over centuries, it was not until the 19th century that the term intellectual property began to be used, and by 20th century it was the common place in the globe. Intellectual property is something you create that‟s unique. It includes copyright, patents, designs and trademarks, and can be: Something you manufacture, like a new product. A product‟s design or look. A brand or logo. Written work, like content on a website. Artistic work, like photography or illustrations. Film recordings or musical compositions. Computer software like applications. You can‟t protect an idea - but you can often protect what you do with it. For example, you can‟t protect an idea for a book. But if you write it, you can protect the words you‟ve write. Modern usage of the term intellectual property goes back at least as far as 1867 with the founding of the North German Confederation whose constitution granted legislative power over the protection of intellectual property (Schutz des geistigen Eigentums) to the confederation. When the administrative secretariats established by the Paris Convention (1883) and the Berne Convention (1886) merged in 1893, they located in Berne, and also adopted the term intellectual property in their new 1
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TYBSC-IT (SEM 6) ELECTIVE IPR combined title, the United International Bureaux for the Protection of l Intellectual Property. The organisation subsequently relocated to Geneva in 1960, and was succeeded in 1967 with the establishment of the World Intellectual Property Organization (WIPO) by treaty as an agency of the United Nations. According to Lemley, it was only at this point that the term really began to be used in the United States (which had not been a party to the Berne Convention), and it did not enter popular usage until passage of the Bayh-Dole Act in 1980. “The history of patents does not begin with inventions, but rather with royal grants by Queen Elizabeth I (1558-1603) for monopoly privileges..,. Approximately 200 years after the end of Elizabeth‟s reign, however, a patent represents a legal obtained by an inventor providing for exclusive control over the production and sale of his mechanical or scientific invention the evolution of patents from royal prerogative to common-law doctrine.” Types of IPR: Common types of intellectual property rights include patents, copyright, industrial design rights, trademarks, trade dress, and in some jurisdictions trade secrets. There are also more specialized varieties i.e. exclusive rights, such as circuit design rights (called mask work rights in USA law, protected under the Integrated Circuit Topography Act in Canadian law, and in European Union law by Directive 87/54/EEC of 16 December 1986 on the legal protection of topographies of semiconductor products), plant breeders‟ rights, plant variety rights, industrial design rights, supplementary protection certificates for pharmaceutical products and database rights. Protecting your Intellectual Property Rights: Protecting your intellectual property allows you to: Stop others using what you‟ve created without your permission. Charge others for the right to use what you created. Getting the Right Type of Protection: The type of protection you need depends on what you‟ve created. For example, artistic works are protected by copyright, while inventions are protected by patents. You can use more than one type of protection for the same product. For example, you can patent your product and register its name as a trademark. You can check which type of intellectual property protection best suits you and how to make the most of it by using the Intellectual Property Office‟s. 2
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