INDIAN LAW INSTITUTE

(Deemed University)
Bhagwan Das Road, New Delhi – 110001
Email: e_cyber@ili.ac.in, Website: www.elearningilidelhi.org

Online Assignment-II
On
Regulatory Framework

INSTRUCTIONS

 All the questions are compulsory.

 All questions carry equal marks (Maximum Marks: 25).
 Each answer should not exceed more than 200 words.
 Write answers in your own words. Do not copy the sentences from the
study material.
 Submit the completed assignment latest by 1st March, 2020 up to 5.00
p.m.
 Assignment should be submitted either in the form of MS Word
document, *.txt or in *.pdf format only.
 Institute will not be responsible for any delay on account of any problem
either technical or otherwise.
 Please write your Full Name and User_Id above the answer page.
 Give your User_Id (User_Id only) as file name of your assignment
answer and upload the assignment answer directly on our e-learning website
www.elearningilidelhi.org and also send copy of the same through email
at e_cyber@ili.ac.in

NAME- DEEPANSHU SHAKARGAYE

USER ID- 3580.deepanshu
Ques.1 Examine the significance of the European Convention on Cyber Crime 2001?
Answer The Budapest Convention has three aims: to harmonize substantive law; to align
procedural laws and to implement an effective system of international
cooperation. The main focus of the Convention is to deal with infringements of
copyright, computer-related fraud, child pornography and violations of network
security. The Convention contains four chapters. First chapter dealing with
definitions whereas, second chapter specifies the measures that are to be taken
 by the signing nations. The measures relates to “Substantive Criminal Law”,
“Procedural Law” and “Jurisdiction”. The third chapter makes it mandatory for
the nations to cooperate with each other to deal effectively with the Cyber
Crime. The fourth chapter provides for signature by the parties to the
Convention. Article 22, which requires each party to enact legislation to
establish jurisdiction over any offence established in accordance with articles 2
– 11 of this Convention, when the offence is committed: in its territory; or on
board a ship flying the flag of that Party; or on board an aircraft registered under
the laws of that Party; or by one of its nationals, if the offence is punishable
under criminal law where it was committed or if the offence is committed
outside the territorial jurisdiction of any State.

Ques.2 Elucidate the objectives of UNCITRAL Model Law on Electronics Commerce

1996.
Answer To offer a set of internationally acceptable rules as to how a number of legal
obstacles may be removed, and to secure legal environment. It is also intended
to be useful to individual users of electronic commerce in the drafting of some
of the contractual solutions that might be needed to overcome the legal
obstacles to the increased use of electronic commerce. It help to remedy
disadvantages stemming inadequate disparate and uncertain domestic
legislations related to international trade, a significant amount of which is
linked to the use of modern communication techniques. It works as a tool for
interpreting existing international Conventions and other international
instruments that create legal obstacles to the use of electronic commerce. The
objectives of the Model Law, which include enabling or facilitating the use of
electronic commerce and providing equal treatment to users of paper-based
documentation and to users of computer-based information, are essential for
fostering economy and efficiency in international trade. By incorporating the
procedures prescribed in the Model Law in its national legislation for those
situations where parties opt to use electronic means of communication, an
enacting state would create a media-neutral environment.
Ques.3 What are the international instruments relating to Intellectual Property Rights?
Answer There are 4 conventions,
(i) Berne Convention 1886- Protects the rights in Literary & Artistic works.
The authors enjoys exclusive rights over it. The member Countries are
 free to exclude certain works of the same nature through legislation. The
protection to his right is for his lifetime and 50 years after his death.
(ii) Rome Convention (1961)- It is for the Protection of Performers,
Producers of Phonograms and Broadcasting Organisations such as
audiocassettes or DVDs. It covers the performers and producers of
recordings under copyright. The minimum duration of protection under
this Convention is 20 years. Any dispute arising shall be referred to the
International Court of Justice.
(iii) WPT 1996- it is a treaty for the protection of copyright. It was adopted by
the WIPO in 1996. There was a demand for additional and more effective
protection by ‘knowledge dependent industries’ in the wake of
advancement in the information technology.
(iv) WPPT 1996- it is a treaty for the protection of rights of performers and
producers in an effective and uniform manner.
(v) UDRP 1999- it is to resolve the disputes regarding registration and use of
an Internet domain names. The parties necessarily have to submit to the
administrative proceeding of the corporation which is approved by
ICANN.

Ques.4 Critically analyse the role and powers of ‘Cyber Appellate Tribunal’ in
adjudicating the cyber disputes?
Answer The legislature provided for the establishment of tribunals for the dispensation of
justice for issues arising under Section 48 of the IT Act. Under section 57 of the Act,
CAT has got a jurisdiction to entertain appeals from the order made by the Controller
or Adjudicating Officer. Appeal shall be filed within a period of forty-five days from
the date on which a copy of the order made by the Controller or the Adjudicating
Officers received by the person aggrieved. Under Sec. 87 of the IT act, 2000 the
Chairperson shall have the power to ensure disposal of matter pending, to implement
various Statutory provision made by SC & Central Gov., to issue guidelines required
from time to time, to engage experts who have special knowledge of IT & cyber law.
The Appellate tribunal has a power to rectify any clerical mistake in nay proceeding
of the cyber Appellate at any time. An aggrieved party can file an appeal to the HC
under Sec. 62 of the act. Under Section 63 of the Act provides for compounding of
 contravention. No person who commits the same or similar contravention within a
period of three years, was compounded is allowed to compound the same.
Ques.5 Examine the salient features of World Intellectual Property Organization
Copyright Treaty (WPT) 1996?
Answer It is a treaty for the protection of rights of performers and producers in an effective
and uniform manner. The Treaty provides following rights:
(i) The right of distribution- it is the right to authorize the making available
to the public of the original and copies of a work through sale or other
transfer of ownership.
(ii) The right of rental- is the right to authorize commercial rental to the
public of the original and copies of three kinds of works: (a) computer
programs, (b) cinematographic and, (c) works embodied in phonograms
as determined in the national law of Contracting Parties
(iii) A broader right of communication to the public- is the right to
authorize any communication to the public, by wire or wireless means,
including "the making available to the public of works in a way that the
members of the public may access the work from a place and at a time
individually chosen by them". The quoted expression covers, in
particular, on-demand, interactive communication through the Internet.