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Showing posts with label B.Sc.IT: SEM-VI. Show all posts
Showing posts with label B.Sc.IT: SEM-VI. Show all posts

Wednesday, 20 March 2019

05:48

Write defences of Trademark.

Write defences of Trademark.
Write defences of Trademark.

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Write defences of Trademark.
SOLUTION:
Defences of Trademark:
  • The defendant may set up following defences in an action for infringement against him depending upon the applicability of the relevant defense to his case:
  • The plaintiff in the suit has no title to sue-questioning. The proprietorship of the trademark owner may do this.
  • The use of the mark by the defendant is not an infringement or it protected by the provisions of section 30 which lists out the acts which do not constitute infringement.
  • The defendant’s right to use the contested mark arises by virtue of concurrent registration.
  • The defendant is the prior-user of the disputed mark.
  • The defendant has been an honest concurrent user.
  • The use complained of in merely the defendant’s Bonafide use of his own name, address & description of goods which are protected by the Act.
05:47

What do you mean by Infringement of Patent? Explain.

What do you mean by Infringement of Patent? Explain.
What do you mean by Infringement of Patent? Explain.

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What do you mean by Infringement of Patent? Explain.
SOLUTION:
Infringement of Patent:
Using or manufacturing a patented product without the owner’s permission (by license, waiver, or other contract) can constitute infringement & expose. The unauthorized user/manufacturer to liability even if the infringement was unintentional.

Different types of patent infringement are as follows:
Direct Infringement:
Actively engaging in a prohibited use of someone else’s patented property.

Induced Infringement:
Actively inducing someone to make prohibited use of someone else’s patented property.

Contributory Infringement:
Contributing to the unauthorized use of someone else’s patented property can also constitute infringement under patent law.
05:45

What are the rights of Patentee? Explain.


What are the rights of Patentee? Explain.
What are the rights of Patentee? Explain.

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What are the rights of Patentee? Explain.
SOLUTION:
Rights of Patentee:
The Right to Exploit The Patent:
Section 48 confers the right to exploit the patent on the patent on the patentee or his assignee or his agent when such a right is exercised within the condition imposed by section 47 of the Act.

Right To License:
  • Section 70 of the Act Confers, Interalia, and the right on a grantee or proprietor of a patent to grant License.
  • For instance, a patentee of invention of new sound system has a right to license his right to another party to make and sell the system in a particular territory.

Right To Assign:
  • Section 70 also confers on the patentee the right to fully or partially assign his patent to another or others.
  • Such assignment and licensing should always be in writing in express agreements.
  • Such agreement should be registered to avoid litigation later.

The Right to Surrender the Patent:
  • A patentee is not under an obligation to maintain his monopoly right on the patent for the entire term of the patent. He may surrender the patent any time.
  • Section 63 provides that a patentee may, at any time by giving notice to the controller, offer to surrender his patent.
  • The controller, before accepting the offer of surrender, publishes the offer in India to give opportunity to the parties having any interest, for instance licensees, to oppose the offer of surrender.

Right to sue for Infringement:
  • The exclusive right conferred by a patent can be meaningful and lasting only when the statue confers a right on the patentee to take legal action for protection of his patent rights.
  • Patentee, his assignee, licensee or agent has the right to institute a civil suit in a court not lower than the District Court in case of any infringement.
05:43

Write a short note on TRIPS Agreement.

Write a short note on TRIPS Agreement.
Write a short note on TRIPS Agreement.

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Write a short note on TRIPS Agreement.
SOLUTION:
TRIPS Agreement:
TRIPS:
  • The agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is a an international agreement administered by the World Trade Organization (WTO) that sets down minimum standards for many forms of Intellectual Property (IP) regulation as applied to nationals of other WTO members.
  • It was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994.


TRIPS Agreement:
  • The TRIPS Agreement introduced intellectual property law into the international trading system for the first time and remains the most comprehensive international agreement on intellectual property to date.
  • In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Data Declaration.
  • The Doha declaration is a WTO statement that clarifies the scope of TRIPS, stating for example that TRIPS can and should be interpreted in light of the goal "to promote access to medicines for all".
  • Specifically, TRIPS requires WTO members to provide copyrights, covering content producers including performers, producers of sound recording and broadcasting organizations; geographical indications, including appellations of origin; industrial designs; integrated circuit layout-designs; patents; new plant varieties; trademarks; trade dress; and undisclosed or confidential information.
  • TRIPS also specifies enforcement procedures, remedies, and dispute resolution information.
  • TRIPS also specifies enforcement procedures, remedies, and dispute resolution procedures.
  • Protection and enforcement of all intellectual property rights shall meet the objectives to contribute of technologies innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conductive to social and economic welfare, and to a balance of rights and obligations.
05:42

Write the disputes under intellectual Property Rights.

Write the disputes under intellectual Property Rights.
Write the disputes under intellectual Property Rights.

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Write the disputes under intellectual Property Rights.
SOLUTION:
Disputes Under Intellectual Property Rights:
  • While designed to serve the function of enabling users to locate computers in an easy manner, domain names have acquired a further significance as business identifies and as such have come into  conflict with the system of business identifies that existed before the arrival of the internet and that are protected by intellectual property rights.
  • Domain name disputes arise largely from the practice of cyber-squatting which involves the preemptive registration of trademarks by third parties as Domain Names.
  • Cyber squatter exploit the first come, first served nature of the domain name and registration system to register name of trademarks famous or business with which they have to connect.
  • Since registration of domain names is relatively simple, cyber squatter can register numerous examples of such names as domain names.
  • As a holder of these registration cyber squatter often then put the domain names up for auction, or often them for sale directly to the company or person involved.
05:41

Write the Data Protection Principles.

Write the Data Protection Principles.
Write the Data Protection Principles.

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Write the Data Protection Principles.
SOLUTION:
Data Protection Principles:
  • The Data Protection Act, 2012 is premised on the fundamental role.
  • That all who process personal data must take into consideration the right of that individual to the privacy of his or her communications.
  • This recognition by a data controller or processor should lead to the application of the 8 basic principles for processing personal information.
  • That are as follows:

  1. Personal Information must be processed for limited purposes.
  2. Personal Information must be processed for limited purposes.
  3. Personal Information must be adequate, relevant & not excessive.
  4. Personal Information must be accurate & upto date.
  5. Personal Information must not kept for longer than is necessary.
  6. Personal Information must be processed in line with the Data Subjects Rights.
  7. Personal information must be secure.
  8. Personal information must not be transferred to other countries without adequate protection.
05:39

Write a short note on Unfair Competition of Intellectual Property.

Write a short note on Unfair Competition of Intellectual Property.
Write a short note on Unfair Competition of Intellectual Property.

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Write a short note on Unfair Competition of Intellectual Property.
SOLUTION:
Unfair Competition of Intellectual Property:
  • Unfair competition in commercial law refers to a number of areas of law involving acts by one competition or group of competitors which harm another in the field and which may give rise to criminal offenses and civil causes of action.
  • E.g. Trademark Infringement using the coca cola trademark on a soda container manufactured by a competitor.
  • False advertising such as making false claims about a drugs abilities to promote Weight Loss.
  • Unauthorized substitution of one brand of goods for another such as substituting a low cost handbag for a designer handbag.
  • Misappropriation of a trade secrets such as stealing a competitor’s soft drink formula.
  • The unfair competition prevention law is directed to maintaining fair competition between companies.
05:38

What do you understand by Design Rights? Explain in short.

What do you understand by Design Rights? Explain in short.
What do you understand by Design Rights? Explain in short.

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What do you understand by Design Rights? Explain in short.
SOLUTION:
Design Rights:

  • A registered design protects the visual appearance of a product or item & gives you exclusive rights for that appearance to the extent that, if necessary, there is a legal right to stop can unauthorized party from producing or using your design.
  • Design Rights protect the way a product looks. If the design has a technical function or the appearance of the product comes naturally as a result of the function that it perform, then a design right may not be suitable.
  • In order for a registered design to be valid it must.
  • Be now (no similar or identical designs registered)
  • Have individual character (the appearance of the design is different to any existing designs)
  • Be already registered in an approved Overseas Jurisdiction.
  • If a registered design is granted it will last for upto 25 years but need to be renewed every 5 years.
05:37

Write Steps to Register Patent In UK.

Write Steps to Register Patent In UK.
Write Steps to Register Patent In UK.

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Write Steps to Register Patent In UK.
SOLUTION:
Steps to Register Patent In UK:
Steps to Register Patent In UK is as follows:
STEP 1: Draft your description and complete patent drawings: Drafting your patent can be carried out by a patent agent or you choose to draft the application yourself. Either way it helps to have a patent search report detailing existing patents, so you can make sure your application is worded to avoid infringing existing patents.

STEP 2: File a form 1 with your description & drawings at the UK Patent Office; Guidelines are as follows: filing in form 1. If you are using on agent then they will do this on your behalf. Otherwise you will need to complete the form yourself, attach a full description of your idea & the drawings & send the completed patent application to:
Intellectual Property Office
Concept House
Cardiss Road, NP 108 RR
United Kingdom
Patent filing can be completed online at this address:
UK IPO Patent Filing ONLINE
05:35

What is Copyright? What can be protected under Copyrights?

What is Copyright? What can be protected under Copyrights?
What is Copyright? What can be protected under Copyrights?

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What is Copyright? What can be protected under Copyrights?
SOLUTION:
Copyright:
  • Copyright is a legal term describing rights given to creators for their literary & artistic work.
  • Copyright is a form of protection grounded in the US constitution & granted by law for original works of authorship fixed in a tangible medium of expression.
  • Copyright covers both published and unpublished works.


Protected Under Copyrights:
The kind of works covered by copyright include:
  • Literary work such as Novels, Poems, Plays, Relevance Work, Newspapers and Computer Programs, Databases, Films, Musical Compositions & Choreography.
  • Artistic works such as Painting, Drawings, Photographs, Sculpture, Architecture and Advertisements, Maps and Technical Drawings.
  • Copyright subsists in a work by virtue of creation, hence it is not mandatory to register. However, registering a copyright provides evidence. That copyright subsists in the work & creator is the owner of the work.

Tuesday, 19 March 2019

05:18

What is Cyber Appellate Tribunal? What are its Powers?

What is Cyber Appellate Tribunal? What are its Powers?
What is Cyber Appellate Tribunal? What are its Powers?

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What is Cyber Appellate Tribunal? What are its Powers?
SOLUTION:
Cyber Appellate Tribunal:
  • The Cyber Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Cyber Appellate Tribunal shall have powers to regulate its own procedure including the place at which it shall have its sitting.
  • The Cyber Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely –
  1. Summoning and enforcing the attendance of any person and examining him on oath;
  2. Requiring the discovery and production of documents or other electronic records;
  3. Receiving evidence on affidavits;
  4. Issuing commissions for the examination of witnesses of documents;
  5. Reviewing its decisions;
  6. Dismissing an application for default or deciding it ex parte;
  7. Any other matter which may be prescribed.
  • Every proceeding before the Cyber Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code and the Cyber Appellate Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
05:18

Explain Copyright issue in India. Explain Copyright in WWW.

Explain Copyright issue in India. Explain Copyright in WWW.
Explain Copyright issue in India. Explain Copyright in WWW.

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Explain Copyright issue in India. Explain Copyright in WWW.
SOLUTION:
Copyright Issue In India AND Copyright In WWW:
  • The traditional concept of copyright has given place to a more complex meaning to cope up with the advancements in the nature of works and the mediums of their expressions that merit protection under the Copyright Law. Innumerable issues arise in the process of a virtual tug of war between the copyright holders and their infringers. Stringent remedies are devised to safeguard the intellectual property rights and amendments have been made in the legislation governing IPR in India and Information Technology Act, 2000 has been enacted to be in tune with the international concerns reflected in the WIPO Treaties and other International documents.
  • The Copyright Act, 1957 has been enacted by the Parliament in the exercise of its legislative powers conferred by Entry 49 of the Seventh Schedule to the Constitution of India with a view to amend and consolidate the law relating copyright. As provided in Section 16, no person shall be entitled to copyright or, any similar right in any work, whether published or unpublished, otherwise than under and in accordance with the provisions of this Act or of any other law for the time being in force.
  • The Parliament enacted the Information Technology Act, 2000 which provides legal recognition to electronic record and digital signatures. The expression “electronic record” as defined by Section 2(1)(t) of that Act means, data, record or data generated image or sound stored, received or sent in an electronic form or micro film. Tampering with computer source documents is made an offence under Section 65 of the Act, which provides that, whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment upto three years, or with fine which may extend upto two lakh rupees, or with both.
05:17

Explain how Licensing for Technology is considered.

Explain how Licensing for Technology is considered.
Explain how Licensing for Technology is considered.

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Explain how Licensing for Technology is considered.
SOLUTION:
Licensing For Technology:
  • By a technology licensing agreement, the licensor authorizes the licensee to use the technology under certain agreed terms and conditions.
  • It is therefore, a contract freely entered into between two parties and contains terms & conditions so agreed upon.
  • Through a technology licensing agreement, it is possible to improve the quality of existing product or develop and manufacture a new product by using the patents or trade secrets owned by others.
  • This may also include entering into a new market or extending in the existing market for a product by acquiring the patent rights.

Example:
Tata Steel has obtained a process technology patent for making hybrid rollers used in sinter plants. This patent is now licensed to Jyoti Cero Rubber to get potential revenue over next three years. Looking at the wider market Tata Steel is licensing this technology to other competent parties.
05:16

What are the rights granted for Registration of Design?

What are the rights granted for Registration of Design?
What are the rights granted for Registration of Design?

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What are the rights granted for Registration of Design?
SOLUTION:
Rights Granted For Registration Of Design:
  • A person has the right for exclusive use of the design which is subject to the provision of Design Act, 2000. Hence the Design registered under this act can be used from the date of registration.
  • If the design provision gets expired then the applicant can extend the period of design by paying the prescribed fees.
  • Every person has a right to protect the design from piracy. Any person responsible for infringing the registered design then he is liable to pay a fine of a sum not exceeding 25,000.
  • Under section 20 of the design Act, 2000. There are exceptions in case of using the design related to the government. Hence the government can use the registered design which prohibits other person to use this design under certain circumstances.
  • Section 11 of the Design Act, 2000 has provided extension period if the registered design gets expired. Hence the maximum period of extending the registered design is for 15 years.
05:16

Explain in brief the enforcement of Data Protection.

Explain in brief the enforcement of Data Protection.
Explain in brief the enforcement of Data Protection.

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Explain in brief the enforcement of Data Protection.
SOLUTION:
Basic Principles of Design Rights:
  • If the Information Commissioner finds that the DPA has been breached by a DC, he serves an enforcement notice on DC.
  • The notice identifies the breach or commission, and specifies how to correct it.
  • Failure to comply is an offence.
  • However, a DC may appeal it the DP tribunal.
  • With the approval of the director of Public Prosecutions, legal proceedings may follow, which could result is a fine.

Enforcement Data Protection Act In Media:
  • The DPA has special provision for journalism, and artistic or literary purposes.
  • Basically, journalists may hold personal data for journalistic purposes only if the data are necessary to reconcile the rights to privacy with the rules governing freedom of expression.
  • So, investigable journalists & political satirists or commentators are not treated as Data Controllers.
  • Enforcement Data protection in internet.
  • The UK/EU legislation seems fairly strong. But can trans-border transfer of data.
05:15

List out the basic principles of Design Rights.

List out the basic principles of Design Rights.
List out the basic principles of Design Rights.

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List out the basic principles of Design Rights.
SOLUTION:
Basic Principles of Design Rights:
The basic principles of design rights are as follows:
  • The rights of exclusive use of design is registered under the Designs Act 2000. This Act is enforced from the date of registration.
  • If the Design Act has been registered, it can be further extended from the original period of registration.
  • Right to protect the design from piracy which causes infringement. Any person responsible for infringing a registered design and found guilty is liable to a fine of rupees not exceeding 25000.
  • The registered owner has the right to file a suite for recovery of damages so that his reputation does not get affected and he can recover this by getting an amount not exceeding Rs. 50000.
  • The registration of design includes the provisions of section 20 of Design Act 2000, which includes that the government can use certain design under various circumstances when the article is not made available to the public at reasonable prices.
  • Section 11 of Designs Act 2000 provides the term for registration which may be extended to further 5 years till a maximum period of 15 years.
05:14

What does chapter 9 of IT Act, 2000, "Penalties & Adjudication" cover?

What does chapter 9 of IT Act, 2000, "Penalties & Adjudication" cover?
What does chapter 9 of IT Act, 2000, "Penalties & Adjudication" cover?

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What does chapter 9 of IT Act, 2000, "Penalties & Adjudication" cover?

SOLUTION:
Five Major Points of Focus:
1. Penalty of damage of Computer, Computer System, etc.
If any person without permission of the owner or any other person who is incharge of a Computer, Computer or Computer Network –
  • Accesses or secures access to such computer, computer system or computer network;
  • Downloads, copies or extracts any Data, Computer Database or information from such Computer, Computer System or Computer Network including information or data held or stored in any removable Storage Medium;
  • Introduces or causes to be introduced any Computer Contaminant or Computer Virus into Any Computer, Computer System or Computer Network;
  • Damages or causes to be damaged any Computer, Computer System or Computer Network, Data, Computer Database or other Programmes residing in such Computer, Computer System or Computer Network;
  • Disrupts or causes disruption of any Computer, Computer System or Computer Network;
  • Denies or causes the denial of access to any person authorised to access any Computer, or computer network by any means;
  • Provides any assistance to any person to facilitate access to a Computer, Computer System or Computer Network in contravention of the Provisions of this Act, rules or regulations made thereunder;
  • Charges the services availed of by a person to the account of another person by tampering with or manipulating any Computer, Computer System, or Computer Network, he shall be liable to pay damages by way of compensation not exceeding one crore rupees to the person so affected.

Explanation: For the purpose of this section –
  • "Computer Contaminant" means any set of computer instructions that are designed –
  • To modify, destroy, record, transmit data or programme residing within a computer, computer system or computer network; or
  • By any means to usurp the normal operation of the computer, computer system, or computer network;
  • "Computer Data Base" means a representation of information, knowledge, facts, concepts or instructions in text, image, audio video that are being prepared or have been prepared in a formalised manner or have been produced by a computer, computer system or computer network and are intended for use in a computer, computer system or computer network;
  • "Computer Virus" means any computer instruction, information, data or programme that destroys, damages, degrades or adversely affects the performance of a computer resource or attaches itself to another computer resource and operates when a programme, data or instruction is executed some other event takes place in that computer resource;
  • "Damage" means to destroy, alter, delete, add, modify or rearrange any computer resource by any means.

2. Penalty for failure to furnish information, return, etc.
If any person who is required under this Act or any rules or regulations made there under to –
  • Furnish any document, return or report to the Controller or the Certifying Authority fails to furnish the same, he shall be liable to a penalty not exceeding one lakh and fifty thousand rupees for each such failure;
  • File any return or furnish any information, books or other documents within the time specified therefore in the regulation fails to file return or furnish the same within the time specified therefor in the regulations, he shall be liable to a penalty not exceeding five thousand rupees for every day during which such failure continues;
  • Maintain books of account or records, fails to maintain the same, he shall be liable to a penalty not exceeding ten thousand rupees for every day during which the failure continues.

3. Residuary Penalty:
Whoever contravenes any rules or regulations made under this Act, for the contravention of which no penalty has been separately provided, shall be liable to pay a compensation not exceeding twenty-five thousand rupees to the person affected by such contravention or a penalty not exceeding twenty-five thousand rupees.

4. Power To Adjudicate:
  • For the purpose of adjudging under this Chapter whether any person has committed a contravention of any of the Provisions of this Act or of any rule, regulation, direction or order made thereunder the Central Government shall, subject to the provisions of sub-section (3), appoint any officer not below the rank of a Director to the Government of India or an equivalent officer of a State Government to be an adjudicating officer for holding an inquiry in the manner prescribed by the Central Government.
  • The adjudicating officer shall, after giving the person referred to in sub-section (1) a reasonable opportunity for making representation in the matter and if, on such inquiry, he is satisfied that the person has committed the contravention, he may impose such penalty or award such compensation as he thinks fit in accordance with the provisions of that section.
  • No person shall be appointed as an adjudicating officer unless he possesses such experience in the field of Information Technology and legal or judicial experience as may be prescribed by the Central Government.
  • Where more than one adjudicating officers are appointed, the Central Government shall specify by order the matters and places with respect to which such officers shall exercise their jurisdiction.
  • Every adjudicating officer shall have the powers of a civil court which are conferred on the Cyber Appellate Tribunal under sub-section (2) of section 58, and-
  • All proceedings before it shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code;
  • Shall be deemed to be a civil court for the purpose of section 345 and .46 of the Code of Criminal Procedure, 1973.

5. Factors to be taken into account by the adjudicating officer:
While adjudging the quantum of compensation under this Chapter, the adjudicating officer shall have due regard to the following factors, namely –
  • The amount of gain of unfair advantage, wherever quantifiable, made as a result of the default;
  • The amount of loss caused to any person as a result of the default;
  • The repetitive nature of the default.
05:14

What are the conditions under which Intermediary gets an exemption from liability?

What are the conditions under which Intermediary gets an exemption from liability?
What are the conditions under which Intermediary gets an exemption from liability?

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What are the conditions under which Intermediary gets an exemption from liability?
SOLUTION:
Who Are Intermediaries?
  • Intermediaries, such as hosts, transitory communication systems, information location tools etc., are widely recognized as essential mechanism in the wheel of exercising the right to freedom of expression on the Internet.
  • Most major jurisdictions around the world have introduced legislations for limiting intermediary liability in order to ensure that this wheel does not stop spinning.

Act And Its Provision:
  • India amended Section 794 of the Information Technology Act 2000 (hereinafter referred to as the Act) in 2008 and joined the club of nations that limit intermediary liability.
  • Though the guiding principles for intermediary liability policy in India are derived from the European Union E-Commerce Directive , such principles have been incompletely, incorporated into the Rules without adapting them to the requirements of India in the current context.

Conditions Under Which Intermediary Gets Exemption:
  1. Intermediary may claim that the takedown notice region is not applicable to search engines as they fall within the scope of the exemption offered by Rule 3(3) provision (a). The rule includes temporary or transient or intermediate storage of information automatically within the computer resource as an intrinsic feature of such computer resource.
  2. If the system of contextual advertisements has been subcontracted by Intermediary to another intermediary, as a result of which, Intermediary does not have any particular control over the advertisements. Thus he exempted.
  3. If the author had not established himself as an affected party then the intermediary will be exempted from liability
  4. If the intermediary builds sufficient grounds to claim benefit of the exemption in Rule 3(3) provision (a). This provision is essentially meant to provide an exemption for techniques such as packet switching, statistical multiplexing or any other store and forward techniques.
  5. If an intermediary had not appointed a Grievance Officer as required under Rule 3(11) or modified its content policy as required under Rule 3(2) then he or she may be exempted.
  6. Intermediary will not get exemption if he or she deletes the comments from the takedown notice intentionally. The comments include the following:
  • The comment on the impugned URL is "racially and ethnically objectionable" as provided in Rule 3(2)(b) of the Rules
  • The comment on the impugned URL is "hateful" as provided in Rule 3(2)(b) of the Rules.
  • The comment on the impugned URL is "disparaging" as provided in Rule 3(2)(b) of the Rules.
  • The comment on the impugned URL is "defamatory" as provided in Rule 3(2)(b) of the Rules.
  • The comment on the impugned URL "violates any law for the time being in force" as provided in Rule 3(2)(e) of the Rules read with Sections 124A, 153A, 153B, 292A, 295A and 499 of the Indian Penal Code 1860.
05:13

What does chapter 5 of IT Act, 2000, "Secure Electronic Records & Secure Digital Signatures" specify? Explain briefly.

What does chapter 5 of IT Act, 2000, "Secure Electronic Records & Secure Digital Signatures" specify? Explain briefly.
What does chapter 5 of IT Act, 2000, "Secure Electronic Records & Secure Digital Signatures" specify? Explain briefly.

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What does chapter 5 of IT Act, 2000, "Secure Electronic Records & Secure Digital Signatures" specify? Explain briefly.
SOLUTION:
Secure Electronic Record:
  • Where any security procedure has been applied to an electronic record at a specific point of time.
  • Then such record shall be deemed to be a secure electronic record from such point of time to the time of verification.

Secure Digital Signature:
  • If, by application of a security procedure agreed to by the parties concerned, it can be verified that a Digital Signature, at the time it was affixed, was –
  • Unique to the subscriber affixing it.
  • Capable of identifying such subscriber.
  • Created in a manner or using a means under the exclusive control of the subscriber and is linked to the electronic record to which it relates in such a manner that if the electronic record was altered the digital signature would be invalidated then such digital signature shall be deemed to be a secure digital signature.

Security Procedure:
The Central Government shall for the purposes of this Act prescribe the security procedure having regard to commercial circumstances prevailing at the time when the procedure was used, including – 
  • The nature of the transaction.
  • The level of sophistication of the parties with reference to their technological capacity.
  • The volume of similar transactions engaged in by other parties.
  • The availability of alternatives offered to but rejected by any party.
  • The cost of alternative procedures, and
  • The procedures in general use for similar types of transactions or communications.