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cElectronic commerce, commonly known as e-commerce or eCommerce,
consists of the buying and selling of products or services over electronic systems
such as the Internet and other computer networks.

The various international instruments relating to E- Commerce are:

UNCITRAL Model Law on Electronics Commerce 1996:-

This model law was adopted to promote harmonization and unification

ofinternational trade laws of different countries by removing unnecessary
obstaclesto international trade caused by inadequacies and divergences in the law
affecting trade, the UNCITRAL Model Law on ¶Electronic Commerce· was adopted
by the United Nations Commission on International Trade Law(UNCITRAL) in 1996.

The Model Law is intended to serve as a model for the evaluation and
modernization of the laws and practices in the field of commercial relationships
involving the use of computerized or other modern communication techniques, and
for the establishment of relevant legislation where none presently exists.


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Ans.2) One of the main parts of the International legal instruments relating to
¶Intellectual Property Rights· are:-

i) Berne Convention:-The Berne Convention requires its signatories to recognize the

copyright of works of authors from other signatory countries in the same way as it
recognises the copyright of its own nationals.In addition to establishing a system
of equal treatment that internationalised copyright amongst signatories, the
agreement also required member states to provide strong minimum standards for
copyright law.

ii) Rome Convention for the Protection of Performers, Producers of Phonograms

and Broadcasting Organisations (1961)

iii) World Intellectual Property Organization Copyright Treaty (WPT) 1996

iv) World Intellectual Property Organization Performances and Phonograms Treaty
(WPPT) 1996

v) Uniform Domain Name Dispute Resolution Policy (UDRP) (As Approved by ICANN
on October 24, 1999)

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'cThe World Intellectual Property Organization (WIPO) is a specialized
agency of the United Nations created in 1967 to encourage creative activity, to
promote the protection of intellectual property throughout the world, and till date
it has administered 24 treaties such as the Berne Convention for the Protection
of Literary and Artistic Works and the Paris Convention for the Protection of
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The WIPO Copyright Treaty, is an international treaty on copyright law adopted by
the member states of the WIPO in 1996. It provides additional protections
for copyright deemed necessary due to advances in information technology since
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2. The Information Technology Act 2000 provides for the setting up of the
setting up of Cyber Appellate Tribunal (CAT) for keeping a check on cyber crimes.
The CAT is not bound by the Code of Civil Procedure, 1908 but it observes the
principles of natural justice, subject to the provisions of the Act and of any rules.
The CAT has the power to regulate its own procedures such as the place at which
it shall have its sittings. For some purposes such as summoning and enforcing the
attendance, requiring the discovery and production of data, etc under the act same
powers as are vested in a civil court under the Code of Civil Procedure,1908, while
trying a suit.
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Ans5. The various offences and punishments prescribed under the Information
Technology Act are as follows:

1. Tampering with computer source documents knowingly or intentionally: Section

65
2. Computer related offences: Section 66
3. Publication of obscene information: section 67 of the Act
4. Non compliance with the directions of the Controller section 68
5. Unauthorized access to any protected system: Under section 70
6. Penalty for misrepresentation: Section 71
7. Breach of confidentiality and privacy: Section 72
8. Penalty for publishing Electronic Signature Certificate false in certain
particulars: Section 73
9. Creation or publication of Electronic Signature Certificate for fraudulent
purposes: Under section 74
10. Extra-territorial application of the Act: By virtue section 75.