Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

Intellectual property is divided into two categories: Industrial Property includes patents for inventions, trademarks, industrial designs and geographical indications. Copyright covers literary works (such as novels, poems and plays), films, music, artistic works (e.g., drawings, paintings, photographs and sculptures) and architectural design. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs

IPR are like any other property right. They allow creators, or owners, of patents, trademarks or copyrighted works to benefit from their own work or investment in a creation. These rights are outlined in Article 27 of the UDHR , which provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions.

INFRINGEMENT OF IPR ON INTERNET

The emergence of the Internet has resulted in an unprecedented growth in the number of issues about how to protect IPR on the Web However, in order to protect IPR over the Internet it is important to identify what is the impact of the Internet in Intellectual Property field. This is also necessary in order to provide an adequate legal analysis of jurisdictional issues in the case of IPR infringement over the Internet.

With particular reference to copyright, the Internet and digital technologies created a new reality with advantages and disadvantages. On the one hand, the Internet opens new market opportunities by allowing authors to distribute the results of their work freely to consumers, reducing the time between creation and distribution. But on the other hand, authors are exposed to a greater risk of uncontrolled copying, adaptation and piracy than traditional media.

The information required to identify an online infringer can often only be obtained from the respective ISP, which is able to match the relevant Internet Protocol (IP) address of a computer used on a network with the individual subscriber. But there are no uniform and harmonized rules at the international level as to whether or not an ISP is obliged to disclose a subscriber’s identity or other related information. The TRIPS Agreement includes an optional provision which addresses the right of information in connection with civil proceedings. This, however, is limited to information which the infringer himself must disclose, and does not extend to disclosure by third parties. Meanwhile, national laws differ in their approach. Though India does not have any specific rule in this regard.

INTERNET IN INDIA

While the origins of the global Internet date back to the 1960s, India first went online only when the ERNET, a joint undertaking of the DOE and the UNDP, was launched in 1986. Back then, the Internet was only meant for the use of educational and research communities. Even when cyberspace was first thrown open to the public in India on 15 August, 1995, by VSNL now known as Tata Communications Ltd. we used to access the Internet using a modem (short for modulator-demodulator) a device that enabled computer to transmit data over telephone or cable lines by converting analog signals into digital ones.

IMPACT OF INTERNET

The Internet has changed the world. Never before has mankind communicated on such an immense scale or had endless information at its fingertips. But with advancement comes the specter of unprecedented exploitation. Internet has no boundaries with unrestricted data and reach. It has made it possible to communicate and connect with any part f the world within seconds by just a click of the mouse. Because of internet globalization became possible, which has turned the word into a global village.

Such massive growth inevitably breeds some unwanted weeds in the garden. The Internet’s sheer size and anonymous nature allow countless Internet users to illegally pirate computer software and distribute it on the Internet without fear of apprehension.

As high-speed Internet connections have gained popularity, the illegal trading of copyrighted files has quickly become a major issue.

Due to the rise  in security concerns over the internet  and ever increasing rate of the crimes related to internet hampering working of the economy and giving rise to other issues like woman safety, piracy, IPR, making children vulnerable to unrestricted data etc, the need for cyber laws was for evident.

It also has increased the rates of cyber crimes i.e. any crime where either the computer is used as an object or subject in other words, any crime with the help of computer and telecommunication technology. It has now given new ways to express criminal tendencies. Cyber crimes can involve criminal activities such as fraud, forgery, theft, mischief and defamation all of which are subject to the Indian Penal Code 1961. The abuse of computers has also given birth to a range of new age crimes that are addressed by the Information Technology Act, 2000. Such crimes may threaten a nation’s security financial health of the country and can also aggravate terrorist activities. Issues surrounding such type of crimes have become high-profile, mainly those surrounding domain name, piracy, and copyright infringement. There are problems of privacy when private information is lost or intercepted, lawfully or otherwise.

NEED FOR CYBER LAWS IN INDIA

With the evolution of techno-savvy environment, the world is becoming more and more digitally sophisticated and so are the crimes. Internet was initially developed as a research and information sharing tool and was in an un regulated manner. As the time passed by it became more transactional with e-business, e-commerce, e-governance and e-procurement etc. All legal issues related to internet crime are dealt with through cyber laws. As the number of internet users is on the rise, the need for cyber laws and their application has also gathered great momentum.

Cyber law is important because it touches almost all aspects of activities and transactions on and concerning the Internet, the World Wide Web and Cyberspace.  Whether we realize it or not, every action and every reaction in Cyberspace has some legal and Cyber legal perspectives.

BY MEHR KAUR