Essay on Crimes Related to Intellectual Property (1984 Words)

Essay on Crimes Related to Copyright (1984 Words)

Intellectual property consists of a package of rights which may be broken by dedicating software application piracy copyright violation, trade-mark and service-mark offenses, theft of computer source code and so on. Internet being the fastest telecommunication and information system, it has actually become a most practical media to conduct organisation deals.

The surge of digitalization and the web have more assisted in the copyright right violators to copy and illegally disperse trade-secrets, trade-marks, logo designs theft of computer system source code etc. Computer pirates take away valuable intellectual property when they copy software application music, graphics/pictures, books, and movies etc. which are offered on the Internet.

Generally most material that the pirates or transgressors wish to copy is secured by the copyright which suggests that a person can not take out copies thereof unless allowed to do so by the copyright owner. It is a punishable offense under the Copyright Right. The various acts to which Copyright Act, 1957 extends are identified in Section 14 of the Act.

Trade-mark is likewise one of the intellectual property rights that secures the good-will and credibility of traders and entrepreneurs. These marks are planned to distinguish goods of a trader from other traders who are in the very same stream of trade or company. Passing-off actions are also covered under the Trademarks Act in which a trader passes off his inferior quality goods in the name of some reputed trader who is offering the exact same commodity or short article.

Thus, if a particular logo is usually related to and used in relation to item ‘A’ its use by someone else in relation to item ‘B’ would be a violation of Trademark right and an act of passing off these unlawful activities are continued through making use of computer systems or Internet, it will attract the provisions of the Infotech Act, 2000.

Thus, in Ridiff Communications Ltd. v. Cyberbooth and Rantesh Naliata, the High Court of Bombay held that “a domain name is more than a web address and therefore, entitled to protection under the Trademarks Act, 1957. In M/s. Salty am Infoway Ltds. v. M/s. Sifynet Solutions (P.) Ltd., the Supreme Court ruled that with the increase of industrial activities on the web, a domain name is also utilized as a company identifier. It not just serves as an address for web interaction but also identifies the specific web site for a specific organisation or its products or services. It, for that reason, has all the qualities of a trademark and a passing off action can be based for violation of domain name right.

In the immediate case, the appellants were incorporated in 1995 and trading with the domain name ‘Sifynet’ because June, 1999. They claimed large track record and goodwill in the domain Sify which was registered with the Web Corporation for Assigned Names and Numbers (ICANN) a global signing up body for domain.

The respondent began carrying on business of online marketing under the domain Siffynet from June, 2001. The appellants challenged the action of respondents, however their claim was rejected by the High Court, thus they entered appeal prior to the Supreme Court.

The Pinnacle Court held that by adopting a comparable and deceptive name ‘Siffy’ which was phonetically comparable to that of the appellant’s they had actually tried to capitalize the appellant’s track record as a supplier of internet services, therefore the appellants were entitled to relief. Allowing the appeal, the Court set aside the decision of the High Court and affirmed the choice of the City Civil Court.

Again, in Yahoo Inc. v. Akash Arora, the Delhi High Court granted relief to the petitioner Yahoo Inc. who sought injunction against the offender for utilizing domain name for internet related services. The accuseds contended that the provisions of the Hallmark Act were not attracted in this case. However the Court ruled in favour of the petitioner and held that though service marks are not recognised in India, the services rendered are to be recognised for ‘passing-off’ actions.

It may be specified that with a view to securing the computer system database under the copyright law in India, the Copyright Act, 1957, was changed twice, as soon as in 1994 and once again in 1999 which works from 13th January, 2000. By these changes some brand-new sub-sections to section 2 relating to interpretation clause were included.

Section 2(o) of the Act was modified to change the meaning of the term ‘literary work’ which now includes computer system program (source code as well as item code) and database which are protected under this Act. As a consequential modification, Section 14 of the Act is also changed providing unique rights to the owners to do or authorise the doing to name a few things to replicate or lease a computer database or a computer system program.

Infringement of copyright is defined in Section 51 of the Copyright Act. It not just gives rise to civil action however also imposes criminal liability. Civil solutions are supplied under Chapter XII of the Act whereas penal effects of ‘violation of copyright are contained in Chapter XIII of the Act.

Area 63 of the Act, provides that an individual infringing or abetting the violation is accountable to imprisonment upto 3 years and fine, which may extend to 2 lakh rupees. There is enhanced penalty for 2nd or subsequent conviction.

Area 63-B of the Act even more offers that intentionally making use of an infringing copy of computer system software on a computer is a different offense punishable with jail time for not less than 7 days and may encompass 3 years, and with fine which shall not be less than rupees fifty thousand and might encompass rupees 2 lakh.

Considerably, lots of locations where infotech has an effect have been rendered justiciable by the Infotech Act, 2000. They include e-commerce, jurisdictional issues, security steps, proof, e-banking and so on

. It might be kept in mind that simply as the genuine company organisations in the personal or public sector rely upon details systems for interaction or record Deeping, so also the cyber criminal organisations continue their illegal activities utilizing enhanced cyber area innovation.

Commenting on this element, Eric Ellen, one of the authorities of the International Chamber of Commerce (ICC) has actually anticipated that infotech is not only reshaping the mode of business working and emerging brand-new business strategies but it is significantly increasing the number of potential cyber lawbreakers. According to him, there is bound to be simultaneous increase in the occurrence of cyber criminal activities with the new web websites and users which presently totals around 40 million worldwide.

You Might Also Like