new ppt law

8/2/2019 new ppt law

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Click to edit Master subtitle styleBY-someshwar

Sonusowmyasujith

surendersurjeeth

swati

Cyber Law and

IntellectualProperty


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Contents

History

Electronic Data Interchange

Cyber crime Electronic filing of Documentation

Digital Signature

Intellectual PropertyPatents

Trademarks

Copyrights


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Definition of Cyber Law

Cyber law is the field of law dealingwith the legal and regulatoryaspects of computer, internet and

world wide web.


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LAW ENCOMPASSES THERULE OF DOCUMENT

That have been approved by thegovernment.

Which are in force over a certain territory.

Which must be obeyed by all persons onthat territory.

violation of these rules could lead togovernment action such as imprisonment orfine or pay compensation.


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Provisions of The IT Act,2000

Email is now a valid and legal form ofcommunication in our country that canbe duly produced and approved in a courtof law.

Companies can now carry out electroniccommerce using the legal infrastructureprovided by the Act.

Digital signatures have been given legalvalidity and sanction in the Act.


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Need for Cyber Laws inIndia

Firstly, arrival of internet signaled thebeginning of the rise of new and complexlegal issues which let to the emergence

of numerous ticklish legal issues andproblems which required the enactmentof cyber Laws.

Secondly, the existing laws of India couldnot be interpreted by the emergingcyberspace relating to different activities

in the cyberspace


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Cyber Crime

Cyber crimes are unlawful actswhere the computer is used either asa tool or a target or both.

Types of cyber crimes:

- Hacking

- Cracking

- Security related crime

- Password attack

- Online investment newsletters,etc.


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Hacking:

It refers to, according to section 66

whoever with the intent to cause orknowing that he is likely to cause wrongful

loss or damage to the public or any persondestroys or deletes or alters anyinformation residing in the computerresource or diminishes its value or utility oraffects it injuriously by any means isknown as Hacking.


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Effects of Hacking

Social Network

-Facebook, Twitter, etc.

Non-Cooperation Misutilisation of IP address

Terrorism

Misutilisation of internetTampering information fed in the

computer

DESPACT OF ELECTRONIC


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DESPACT OF ELECTRONICRECORD

Originator : one who sends , generates,stores electronic message.

Acknowledgement of Receipt : no

agreement.but is given in two forms

a) any communication by the address

b) any coduct of the adress to indicate

the originator that the electronic recordhas been received.


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Stipulation by the originator :


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Intellectual Property

Defined as something owned orpossessed or to which one has legal titleto.

Owner of that property has an exclusiveright to use it as he or she feels whileothers must seek his permission orauthentication to use it

Eg. Copyrights, Patents, Trademark.

Copyrights: Copyright is a right given bythe law to creators of literar dramatic


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Indian copyright law is governed bythe Indian Copyright Act, 1957.

The objective of this act is to protect

the intellectual property rights of theauthors from unlawful reproduction ,piracy , imitation and copying..


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Liability:

Any other right conferred by thisAct, shall be punishable withimprisonment and with a fineamount.


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Patents

The patent Act was originally passed in1970 and came in to force in 1972.

After India became a signatory for the

GATT agreement in 1994, the Patent actwas amended in 1999.


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A patent is a form of industrial property. Apatent may be broadly described

1.As a monopoly right conferred by the

stateto an inventor to industrially and

commercially

exploit his invention2.At the cost of making a completedisclosure of the

details of his invention.


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the criteria for an invention to bepatentable are

(1) Invention must be novel

(2) be an inventive step and(3) is capable of industrial application


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Who can apply for a patent

An application for a patent for aninvention can be made by any of thefollowing persons,

1. by any person claiming to be true andfirst inventor of

the invention,

2. by any person being the assignee ofthe person

claiming to be the true and firstinventor,


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Where to apply?

The application has to be filed with theHead office or branch office as the casemay be , within whose territorial limits ,

1. the applicant resides or has his principalplace of

business or domicile, or the place where

the invention actuallyoriginated or,

2. if the application is made in jointly inthe names of two or more


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Trade mark

A trade mark (also known as brandname) in simple language means, that itis a visual symbol which may be a word

signature, name, device, label, numeralsor combination of colors used by oneundertaking / firm on goods or servicesor other articles of commerce to

distinguish it from other similar goods orservices originating from a differentundertaking / firm.


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Requirement for FillingTrademark Application

Any person claiming to be the proprietor ofa trade mark used or proposed to be usedcan apply for a trademark registration .

The requirements are as follows :

Name and Address of the ApplicantCompany /Person

Trademark / Logo (10 copies)

Description of goods / services

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