Questions Bank 4 B.Sc.IT: IPR (Unit

Showing posts with label IPR (Unit - V). Show all posts

Tuesday, 19 March 2019

Questions Bank 05:18

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in Section 16, no person shall be entitled to copyright or, any similar right in any work, whether published or unpublished, otherwise than under and in accordance with the provisions of this Act or of any other law for the time being in force.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.

Kamal Thakur 0

Questions Bank 04:20

What are the different roles of Certifying Authorities? Explain.

What are the different roles of Certifying Authorities? Explain.

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What are the different roles of Certifying Authorities? Explain.

SOLUTION:

Certifying Authority:

Any person may make an application to the Certifying Authority for the issue of a Digital Signature Certificate in such form as may be prescribed by the Central Government.
Every such application shall be accompanied by such fee not exceeding twenty-five thousand rupees as may be prescribed by the Central Government, to be paid to the Certifying Authority Provided that while prescribing fees under sub-section (3) Different fees may be prescribed for Different classes of applications.
Every such application shall be accompanied by a certification practice statement or where there is no such statement, a statement containing such particulars, as may be specified
On receipt of an application under sub-section (1), the Certifying Authority may, after consideration of the Certification practice statement or the other statement under sub-section (3) and after making such enquiries as it may deem fit, grant the Digital Signature Certificate or for reasons to be recorded in writing, reject the application:

Provided that no Digital Certificate shall be granted unless the Certifying Authority is satisfied that:

The application holds the private key corresponding to the public key to be listed in The Digital Signature Certificate.
The applicant holds a private key, which is capable of creating a digital signature;
The Public Key to be listed in the certificate can be used to verify a digital signature affixed by the private key held by the applicant: Provided further that no application shall be rejected unless the applicant has been given a reasonable opportunity of showing cause against the proposed rejection.

What does CA should Certify?

A Certifying Authority while issuing a Digital Signature Certificate shall certify that –
It has complied with the provisions of this Act and the rules and regulations made there under;
It has published the Digital Signature Certificate or otherwise made it available to such person relying on it and the subscriber has accepted it;
The subscriber holds the private key corresponding to the public key, listed in the Digital Signature Certificate;
The subscriber's public key and private key constitute a functioning key pair;
The information contained in the Digital Signature Certificate is accurate; and
It has no knowledge of any material fact, which if it had been included in the Digital Signature Certificate would adversely affect the reliability of the representations made in clauses (a) to (d).

Kamal Thakur 0

Questions Bank 04:19

Explain briefly the issues of Enforcement of rights relevant to Patent Protection in Digital Media.

Explain briefly the issues of Enforcement of rights relevant to Patent Protection in Digital Media.

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Explain briefly the issues of Enforcement of rights relevant to Patent Protection in Digital Media.

SOLUTION:

Enforcement of Patent Rights:

In most systems, a patent is the right enforceable in a court, usually to prevent the manufacture, sale and use of a patented invention. It is not, as many people think, permission to practice the patented invention, which may be subject to restrictions for other reasons such as security or public health. Application is made to the court to stop the unauthorized manufacture, sale or use of the invention, so that the court may grant the appropriate order and stop the infringement. In practice, however, the process is less straightforward than it sounds. Assessing the Scope of Patent Rights.
When thinking about patent enforcement, a patentee must first assess what he has patented. It is now a feature of just about all patent systems that a patent must include either a specification containing claims or a description, claims or any required drawings (depending on the terminology of the particular law). In most systems, the claims are decisive, as they define the scope of protection sought and eventually granted through the patent. The specification or the description and drawings may be used to interpret the claims, which must be fully supported by them.
Most inventors use the services of a patent attorney to write the specification for them. An inventor may not fully understand the specification, and particularly may have difficulties in understanding the claims. Even where the patentee has some idea of the exclusive right granted to him in his own country, it is very rare for him to know with any precision what rights he may have in corresponding patents in other jurisdictions. The patentee’s first real understanding of the extent of his patent rights often only comes to him when he is considering enforcement.
Thus the basis for enforcement of patent rights is established at the start of the patenting process when the patent specification is written by the inventor or the inventor’s patent attorney. The examination process in the Patent Office can modify the original wording. The inventor will normally try to avoid any modification which will result in a limitation of the scope of protection, for any reduction in the scope of protection makes it easier for a competitor to avoid infringement. If a competitor can easily supply the market with something that is equivalent to the invention, but does not infringe the patent, then the patent may be of limited commercial value. Patent Office examiners should try to remember this when an applicant for a patent steadfastly resists amending his claims in order to overcome an objection, but instead tries to deal with the objection by argument. While acceding to an amendment might lead to the early grant of a patent on the application, it may also lead to a patent right of doubtful commercial utility. Evaluating Validity and Infringement of a Patent.
Having assessed the scope of the patent right, the next task is for the patentee to decide if there is infringement. Before committing himself to the financial risk of a patent case — which can be among the most time-consuming and expensive of all forms of litigation — a patentee, unless he is very wealthy and relaxed about money, must make some attempt to forecast whether he can be successful.
The issue of infringement is very rarely considered on its own. Patents, like other forms of intellectual property, do not only affect the parties to a dispute; they have an effect on the public at large. This being the case, it is normally considered that a patent which can be shown to be invalid cannot be enforceable. In spite of the examination of patent applications during prosecution, no patent system guarantees the validity of a granted patent. In a patent enforcement action, therefore, a defendant will usually add to any defense of non-infringement a further defense, often in the form of a counterclaim, that the patent is invalid and hence not enforceable even if infringed. In some jurisdictions, the issues of infringement and validity are heard together. In others, the question of validity is heard separately by a different court or it may be referred to the Patent Office.
Because of the principle that no invalid patent should be enforceable, the defendant in a patent action is usually allowed to bring in evidence of invalidity at any stage of the proceedings, and in some jurisdictions even during the trial itself. As a result, the position of the patentee during patent enforcement proceedings tends to deteriorate as a defendant makes searches and often finds evidence which is relevant to validity.

Kamal Thakur 0

Questions Bank 04:19

What is UDRP (Uniform Domain-Name Dispute-Resolution Policy)? Explain.

What is UDRP (Uniform Domain-Name Dispute-Resolution Policy)? Explain.

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What is UDRP (Uniform Domain-Name Dispute-Resolution Policy)? Explain.

SOLUTION:

Uniform Domain-Name Dispute-Resolution Policy:

The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) for the resolution of disputes regarding the registration of internet domain names. The UDRP currently applies to all generic top level domains (.com, .net, .org, etc...), some country code top-level domains, and some older top level domains in specific circumstances.
All registrars must follow the Uniform Domain-Name Dispute-Resolution Policy (often referred to as the "UDRP"). Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider.
To invoke the policy, a trademark owner should either (a) file a complaint in a court of proper jurisdiction against the domain-name holder (or where appropriate an in-rem action concerning the domain name) or (b) in cases of abusive registration submit a complaint to an approved dispute-resolution service provider (see below for a list and links).

Kamal Thakur 0

Questions Bank 04:18

Explain the scope of Cyber Laws.

Explain the scope of Cyber Laws.

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Explain the scope of Cyber Laws.

SOLUTION:

Scopes of Cyber Laws:

E-Commerce Law:

E-Commerce defined simply, is the commercial transaction of services in an electronic format. Any duplicate involving any E-Commerce activity, whether at buyer or seller’s end, would mean dispute happening in the Cyberspace.

Online Contracts:

Online Contracts represent the formation of series of contractual obligations in an online environment. From a legal perspective, an online contract follows the same pre-requisite as being followed in offline (physical) contract.

Copyright:

Copyright protects “original works of authorship” that are fixed in any tangible medium of expression from which they can be perceived, reproduced, or otherwise communicated either directly or with the aid of a machine or device.

Business Software Patenting:

With the advent of worldwide web and e-commerce coming of age, the debate of software patenting acquired a new platform in the form o 'business software patents'.

Big E-Commerce etailers, like Amazon, Priceline and Ebay are going for patenting the backend software technologies of their front-end operations.

E-Governance:

E-Governance is a kind of “Window of Opportunity" facilitating a much faster, convenient, transparent and dynamic interaction between the government and its people.

Cyber Crimes:

Cybercrime is a collective term encompassing both "Cyber Contraventions" and "Cyber Offences".

Electronic Signatures:

Electronic Signatures are used to authenticate records. Digital Signatures are one type of Electronic Signature.

Data Protection and Privacy:

Data Protection and Privacy laws aim to achieve a fair balance between the privacy right of the individual and the interests of data controllers such as banks, hospitals, email service providers etc.

Kamal Thakur 0