P a g e  

| 1 
 

R ISS
’’IPR SUES IN CYBE
C RSPA
ACE’’’

DISSER
D RTATION
N TOWA
ARDS FU
ULFILLM
MENT OF
F THE
AW
WARD OF
O DIPLO
OMA IN CYBER
R LAWS.

SUBMMITTED TO:
T
DR D.Y.PAT
D IL LAW COLLEGGE,PIMP
PRI PUN
NE
U
UNIVERS SITY OF PUNE

PREP
PARED BY:
B
MS
S.SHUBH
HANGI DADASA
D AHEB GADADE
G E

UNDER
R THE GUIDANC
G CE AND
D SUPER
RVISION
N OF:
PROOF.PAR
RAG NAV
VANDERR

ASSSISTANNT PROFFESSOR R,
DR.D
D.Y.PATIIL LAW COLLEG
C GE,PIMPPRI ,PUN
NE
U
UNIVERS SITY OF PUNE

Place
e and Da
ate of Su
ubmissio
on:
Dr.. D. Y. Patil
P Law
w College, Pimp
pri, Pune
e
Marrch, 2019  
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“IPR ISSU
UES IN
I CY
YBER ACE”
RSPA
 

A Project
P on
o Digitaal Signatu
ure towarrds the fu
ulfillmen
nt for the
Awarrd of Diplloma in Cyber
C Laaw Subm
mitted to the
t Punee Universsity
 

Subm
mitted byy:

MIISS. SH
HUBAH
HNGI DADA
D ASAHE
EB GA
ADADE
E
 

Under the
t guidaance:

PROF
F. PAR
RAG NA
AVAN
NDER
 

Placce and Daate of Su

ubmission
n:

Dr.
D D. Y. Patil Law
w College, Pimprri, Pune

March, 20199
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DR.D.Y
Y.PATIL U
UNITECH
H SOCIETTY’S 
DR.D.Y.PATTIL LAW COLLEGE, 
P
PIMPRI,  PUNE‐4
411018

CER
C RTIIFIC
CAT
TE
This is to certify that Ms.Sh
hubhangi Dadasaheeb Gadade , a studeent of Diplloma
in Cybeer Law Seaat No.__________________ of Dr.
D D. Y. Paatil Law College
C Shee has
indepenndently carrried out diissertation titled IPR
R Issues in
n Cyberspace, underr our
supervission and gu
uidance annd we recom
mmend it for
f submisssion.

Place: Pimpri
P

Date : 16.02.2019
1 9
 

Professsor In-Charge Extern

nal Supervvisor Prin
ncipal
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TABLE OF CONTENTS:- PAGE NO

(I) RREFACE…………………………………………………………………. 7
(II) CONNOTATION…………………………………………………………. 8

(III) DISCRIPTION……………………………………………………………. 9
(IV) NECESSITY AND IMPACT……………………………………………. 13 to 16
(V) INTELLECTUAL PROPERTY ISSUE AREAS…………………….
(A) TRADEMARK
DEFINITION & MEANING……………………………….. 17
(a) TRADEMARK ISSUES IN CYBERPACE
(i) Cyber Squatting…………………………………………. 18
(ii) Tybo Squatting………………………………………….. 20
(iii) Cyber Twins & Parasites…………………………….... 21
(vi) Framing and Linking…………………………………... 22 to 23
(v) Meta Tagging……………………………………………. 24
(vi) Hijacking……………………………………………….. 25
(vii) In-lining………………………………………………… 26
(viii) Deep Linking………………………………………….. 27

(B) COPYRIGHT ……………………………………………………………………

DEFINITION & MEANING………………………………… 28
WHAT IS COPYRIGHTED ? ……………………………… 29
(a) COPYRIGHT ISSUES IN CYBERSPACE…………………….
(i) Computer Software………………………………………… 31
(ii) Copying of Code………………………………………….. 32
(iii) Websites…………………………………………………… 35
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PAGE NO

(iv) Caching (Mirroring)……………………………………… 36

(v) Archiving…………………………………………………… 37
(vii) Computer Database…………………………………….. 38
(viii) File-Sharing & Sampling (Music)…………………….. 40 to 41
(ix) Spaming (E-Mail)…………………………………………. 42
(x) Uploading or Posting…………………………………… 43

(C) PATENT…………………………………………………………………. ………

DEFINITION AND MEANING………………………………. 44
WHAT MAY BE PATENTED?................................................. 45
(a) PATENT ISSUES IN CYBERSPACE………………………………..
(I) BUSINESS METHOD PATENT (Exam.Amazon.com) 48
(II)SOFTWAER (Apple IOS, Google Android, Playstore , Facebook)
(1) Cyber Stalking……………………………. 51
(2) Cyber Harassment………………………. 52
(3) Cyber Bullying……………………………. 53
(4) Human Trafficking……………………….. 54

(D) TRADE SECRET………………………………………………………………

DEFINITION & MEANING………………………………………….. 55

WHAT CAN BE PROTECTED AS A TRADE SECRET……………. .56

FAMOUS TRADE SECRET (Secret Receipe KFC & Receipe Coco-Cola 58

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PAGE NO

(a) TRADE SECRET ISSUES IN CYBERSPACE..................................

(i) Misappropriation………………………………………………… 63

(ii) Cyber Theft (Hacking)………………………………………….. 66

iii) Cyber Espionage………………………………………………… 67

(VI) LANDMARK JUDGEMENT ON IPR ISSUE IN CYBERSPACE..68

(VII) CLOSURE………………………………………………………………… 72
(VIII)BIBLIOGRAPHY………………………………………………………. .73
(IX) WEBLIOGRAPHY……………………………………………………….. 74

 
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™ INTRODUCTION:-
Intellectual Property (IPR) are the legal rights governing the use of
creations of the human minds.Intellectual property refers to creation of mind
,i.e., Inventions, industrial designs for article, literary and artistic work,
symbols, etc., used in commerce.

The term “Intellectual Property “ has been used for almost more than one
hundred and fifty years ,which refers to the general area of the law that includes
copyrights, patents , designs and trademark and the related rights The
Intellectual property law regulates the creation ,use and exploitation of mental
or creative labour . These are number of forms and important differences
between the various forms of intellectual property .The single factor that they
are in common is that they establish property protection over intangible things
such as ideas, inventions , signs and information.

Intellectual Property is divided into two categories: industrial property , which

includes inventions (Patent), trademark, trade secret and other indication of the
source: and copyright. which includes literary and artistic works such as novels,
pomes plays, films and musical works, etc. The following list of activities
which are coved by the Intellectual property are laid down by the World
Intellectual Property Organization (WIPO):-

(a) Protection against Unfair Competition

(b) Literary artistic and Scientific Works

(c) Inventions in all fields of human endeavor

(d) Performances of performing artists , phonograms and broadcast

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™ CONNOTTION:-
• INTELLECTUAL PROPERTY IN CYBER SPACE:-
Every new invention in the field technology experiences the variety of threats.
Internet is one such threat , which was captured the physical marketplace and
have converted it into a virtual marketplace.

To safeguard the business interest ,it is vital to create an effective property

management and the protection mechanism keeping in mind the considerable
amount of business and commerce taking place in the Cyber Space.

Today it is critical for every business to develop an effective and collaborative

IP Management mechanism and protection strategy. The ever-looming threats
in the cybernetic world can thus be monitored and confined.

Various approaches and legislations have been designed by the law-makers to

up the ante in delivering a secure configuration against such cyber-threats.
However it is the duty of the intellectual property owner to invalidate and
reduce such mala fide acts of criminals by taking proactive measures.
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™ DESCRIPTION:-
 
• To protect the intellectual property of the creator, so that no body
can enjoy the Fruits of the other’s efforts.
1. Patent rights to inventors
2. Registration of designs
3. New Logos , marks as Trade Marks
4. Literature can be registered for their legal protection
Copyright
• To achieve the progress of human beings
• Legal protection encourages creativity
• It spurs economic growth-nation’s growth
• Some Intellectual thought need to be restricted.
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™ WHAT IS INTELLECTUAL PROPERTY?

¾ Intellectual Property is property that arises from human intellect. It

is product from human creation.
¾ Intellectual Property comprises 2 distinct forms:
(a) Literary & Artistic works:-
• They are books, painting, musical compositions, plays ,
movies, radio / TV Programs ,performance, & other
artistic works. And they Protected By:
COPYRIGHT

(b) Industrial Property:-

• Industrial Property describes physical matter that is the
product of an idea or concept for commercial purposes
And they are protected By:
Patent
Trademark
Trade Secret
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™ WHAT IS CYBER LAW?

¾ A law which related to the computer and cyberspace related issues.

¾ Concept of cyber crime and computer as a tool or target.
¾ It is an attempt to apply laws designated for the physical world to
human activity on the Internet.
¾ It is rapid growth of Internet and Cyberspace
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™ WHAT IS THE CYBERSPACE?

¾ CYBERSPACE-All of the computer network in the world and

everything they connect and control
¾ Not just the Internet.
¾ It is information and communication space.
¾ Its include the IPR and Privacy.
¾ It is also the communication environment supported by Computer
Networks.
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™NESSISITY :-

¾ With the growth in the use of internet these days the

cybercrimes are also growing. Cyber theft of Intellectual
property (IP) is one of them .Cyber theft of IP means
stealing of copyright. Trade secret, patents etc. using
internet and computers.

¾ Copyright and Trade secrets are the two forms of

intellectual property that is frequently stolen. For
example, stealing of software, a unique recipe of a well-
known dish, business strategies etc. Generally the stolen
material is sold to the rivals or others for further sale of
the product.

¾ This may result in the huge loss to the company who

originally created it.

¾ Earlier, a lot of physical labour,time and money was

spent to steal a trade secret or make a pirated version of
anything.The original copies had to be physically stolen
which used to take lot of time and money .But in the
present scenario these works can be done easily sitting
at one place without shedding too much time and money
on it without any proof of it.

¾ One of the major cyber theft of IP faced by india is

piracy. These days one can get pirated version of
movies ,software etc. The piracy result in a huge loss of
revenue to the copyright holder.It is difficult to find the
cyber thieves and punish them because everything they
do is over internet.
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¾ So, they erase the data immediately and disappear

within fraction of a second . The country has started
taking strict measures been lunched to deal with the IP
crime.

• Some of the ways through which one can protect intellectual

property form cyber theft are:-

1. Frequently updating the list of IP’S that need to

be secured

2. The company can increase the security to access

its trade secrets.

3. It can reduce the number of people who can

access their trade secrets.

4. Company checking for some unusual cyber

activities.

5. Constantly educate their employees about cyber

security.

6. Constructing some treat mitigating programmes

7. Installing up-to-date anti- virus software.

8. Allowing employees to reach only some

classified data.
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™ IMPACT OF THE INTERNET ON INTELLECTUAL PROPERTY:-

 
• The internet has driven many changes in the intellectual property
community. As a data and resource access tool, it has expanded the
reach of every use localized, regional resources, to true global
information access.
• Today the largest segment of business to consumer e-commerce
involves intangible products that can be delivered directly over the
network to the consumer’s computer .While these intangible
products ,they their very nature ,are difficult to measure, an
increasing amount of the content that being is subject to intellectual
property rights .This commerce in intangible products raises a
number of issues for intellectual property in addition to those that
would arise in respect of physical goods. There is growing need to
adopt technological measures in protecting the right of intellectual
property owners. In addition to this, question of the scope of right
and how existing law applies, Jurisdiction, applicable law, validity
of contract and enforcement have become more complex and need to
be addressed in an appropriate way.

• Some of the Positive Impacts of internet on intellectual property:

¾ It has increased affordable access to intellectual property

resources globally
¾ It has enhanced the ability of patent prior art search
¾ It has increased business ,political and society awareness
of the growing importance of all types of intellectual
property
¾ There has been a geometric increase in the amount of
accessible data and collections relative to intellectual
property
 
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¾ It has provided access to an expanding number of web-

based software and intellectual property management
tools.
¾ It has provided a path for developing countries to catch up
with world development with regard to intellectual
property data access ,management etc.
¾ Notwithstanding the positive impact has had on the
intellectual property community, it has simultaneously
created and alarming list if shortcomings .Although we can
accept the benefits with complacency, we can not allow
detrimental impacts to continue unchecked.

• Some of the negative impacts of the internet on intellectual property:

¾ It has exacerbated the ‘poor patent quality’ and provided

means to discover invalidating art .this negatively impacts
share holdervalue , intellectual property value and the
overall economy.
¾ Further it has increased demands on patent office
examiners to expand prior art search .The examiners must
search not only the field in which the invention classified,
but also analogous arts. This results in increasing
pendency, decrease time available to prosecute any
particular patent and decreases overall intellectual
property validity.
¾ It has spawned new intellectual property problems,
infringement possibilities and enforcement challenges,
such as cybersquatting, trademark infringement etc.
¾ It has failed to bridge the chasm between industry and
intellectual property creators and has not significantly
increased the adaptation of intellectual property by
companies.
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™ TRADEMARK:-
 

What is trademark?
 
Any “word, name, symbol and device, or combination thereof’ that is used:
1. To distinguish and identify goods or services from those
manufactured , sold or offered by other, and
2. To indicate the source of goods and services.
3. Its like symbols(Like logos and Brand names)
 

 
 
 

 
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™TRADEMARK ISSUES IN CYBERSPACE:-

 

(i) CYBER SQUATTING:-

• Cyber squatting is the use of domain name to make a profit off a trademark
belonging
• To someone else or registering a domain name of famous company or a
celebrity and Then selling it at a inflated price.
Type of Cyber Squatting:-
• Cyber squatting, a.k.a. Domain name squatting
1. When squatter buy a domain name that is usually trademark of
company or the name of specific company.
• Typo squatting, a.k.a. URL Hacking
2. Someone buy a domain name that is similar to another domain
with small , common typo.
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¾ First Cyber Squatter:‐ 
 
• Dennis Toepen , US Citizen 
• In  1998,    registered  over  one  hundred  domain  names  in  various  well‐ 
trademarks. 
• Including ( “Panavision.com”,  “panaflex.com” ) 
• Various  marks  belonging  Delta  Airlines,  Neiman‐  Marcus  ,    Eddie  Bauer 
and Lufthansa. 
• Offered to sell domain to Panavision FOR $13000 
 
 
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(ii) TYBO SQUATTING:-
 
• When a cyber squatter registers domain name containing variant of
popular trademarks .Typo squatters rely on the fact that Internet users will
make typographical errors when Entering domain names into their web
browsers.

Some Examples of Typo squatting

1. FACEBOOK.COM ----------------------------- FACEBOK.COM

2. BSNL.CO.IN ----------------------------- BSNL.COM

3. BEEMP3.COM ---------------------------- BEEMP4.COM

4. SONY.COM ---------------------------- SONI.COM

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(iii) CYBER TWINS & PARASITES:-

• When both the domain name holder and the challenger have a legitimate
claim to a domain name then they are knows as cyber twins.

• The cases involving cyber twins are the most difficult once, because , but
for the domain name dispute, the law of trademark and unfair competition
might otherwise allow each party to enjoy concurrent use of the name.

• Cyber Parasites also expect to gain financially however unlike squatters

such gain is expected through the use of the domain name. there are some
famous cases name will be registered by another in other cases a mark that
similar to, or a commonly mistyped version of the famous name will be
used. The dispute might arise between direct competitors. Between those in
similar lines of business or between those who simply wish to indulge in
passing off of the name’s fame .in the Indian case .which mentioned in
landmark cases in last page.
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                   (iv) FRAMING:‐ 
• “Framing” is the process of allowing a user to view the contents of one
websites while it is framed by information from another sites , similar to
the “picture-in-picture” feature offered on some televisions.
• Framing may trigger a dispute under trademark law theories , because of
framed site arguably alter the appearance of the content and creates the
impressions that it’s owner endorses or voluntarily chooses to associate
with the framer

 
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(vi) LINKING:-
• HYPERTEXT REFERENCE LINK:
Hypertext reference link instantly transports the user to
another location. The may link simply to a particular point within the same
website, or allow the user a leap from one site to completely different ,
unrelated site provided by a different source. This from of linking , called
“Linking out”.
• IMAGE LINKING:
Image links brings an image contained in a separate file
may be an image file stored on a same server as the link or an image file
stored on a separate, unrelated site, which is know as “Linking In”,
For. Eg. A Travel Agency and
Hotel Website.
 

 
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(V) META TAG

GGING:-
• M
Meta taggin ng is a technique wherew by a word (ee.g VIRAH H KOHLI ) is
innserted in the keyw words fieldd(Visible/ Invisible) of the sitte, in ordeer to
inncrease thee chances of o a searchh engine , returning
r t site, altthough thee site
the
m have nothing
may n too do with the
t insertedd word. it’’s keywordd in web pages
u
used by inteernet searcch engine.

 
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(VI) HIJACKING:-
 

• Avery Lables worked hard to establish it brand among consumers as the

premier retailer of label products, as well as providing software solutions
through their design- and-print-online tool and one-stop premium printing
service.
• Hijacking the avery trademark improved the relevance of ads on searches
that included “Avery” keywords (Keywords are the words or phrases
describing a product or service that advertisers choose to help determine
when and where their ads can appear online).It is a also know as reverse
Cyber squatting. It happen when a trademark owner tries to secure a domain
name by making false squatting claims against a rightful owner through
legal action..e.g Amazon Hijacker.

 
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(VII)IN-LINING:-
• In-lining or In- line lining enables a web page to summon different
elements from diverse pages or servers to create a new Web page.
• Instead of copying new elements to composite page , the elements are
linked in by” pulling in” graphic or image file from another site and
displaying on composite web page.
• While browsing the composite page, the page directs the browser to
get the picture , graphics etc. from the original sources.
• Website A Imports Graphic file (using IMG links) from website B.
• The user remains at website A and can view content from website A
and the graphic files.

                                
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(VIII)DEEP LINNKIG:- 
 
• Deep linking allows visitors to by pass information and advertisement at the
home page and go directly to an internal page. There is no law or court
ruling prohibiting Deep Linking.
• Deep linking direct visitors past a home page and directly to an internal
webpage.
• Some Deep links incorporate trademark
• Some include disclaimers: This Link will take you directly to another
company’s websites.
• No law prohibiting Deep linking, but actions brought for:
Unfair Competition
Deceptive Practices
Trademark Infringement
False Advertising
• Example: Appliance manufacturer links directly to internal page of non –
profit consumer reviewing agency.

 
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™ COPYRIGHT:‐ 
 
WHAT IS COPYRIGHT?
• “Copyright” is a protection that covers published d and unpublished literary
,scientific and artistic works, whatever the form of expression, provided such
works are fixed in a tangible or material form.
• This means that if you can see it, hear it, and / or touch it---it is protected.

INTELLECTUAL PROPERTY (IP)

• Intellectual property(IP) refers to creation of the mind: inventions ,
literary and artistic works, and symbols , names, images and designs
used in commerce.
• Copyright laws gives :
• A copyright owner the exclusive right to control copying of writing(or
recording or picture or electronic transcription
• Copyright Included Literary and artistic works.
• Copyright refers to the legal right of the owner of intellectual
property. In Simple terms, copyright is the right to copy. This means
that the original creator of product and anyone he gives authorization
to are the only ones with the exclusive right to reproduce the work.
• Copyright law gives creators of original material, the exclusive right
to further develop them for a given amount of time, at which point the
copyrighted items becomes public property.
• Copyright does not covers : Ideas , fact , recipes , blank forms, stock
,literary devices, works lacking originality , names, titles or short
phrases work from the federal government.
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WHAT IS COPYRIGHTED?
• Musical Score
• Dance & Animation
• Books , Magazines
• Poetry
• Web Page
• Photographs & Visual Images
• Computer Programs ( Multimedia etc.)
• Videos & Audio (Your Own Voice)
• Sound Recording
COPYRIGHT IN INTERNET?
• Everything on the Internet is Copyrighted
¾ World Wide Web Pages
¾ Courses
¾ Electronic Mail and Newsgroup
¾ Computer Database
¾ Computer software
¾ Computer Layouts design
¾ Various works on web etc.
• The same copyright laws apply to electronic materials as to print material
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™ COPYRIGHT ISSUES IN CYBERSPACE:-

• Copyright infringement in cyberspace is a from of Intellectual Property

Theft. Which can lead to significant issued and legal penalties. If a person
attempts to use or distribute another person’s work. Who has “exclusive
rights” over it. without authorization. he may be found guilty of copyright
infringement The common copyright violations in cyberspace involve
illegal download of movies, music files and pirating software applications.
• Posting a copyrighted work such as writing or graphics online without the
permission of the owner may also constitute copyright infringement in
cyberspace.
• Copyright is one of those thorny issues that are always causing pain to
creative types .After all, if you write something, make music take a
photograph, or in some other way create, in theory you should receive full
credit (and payment). In the US this fills under title 17, which deals with “
original works of authorship”, including literary , dramatic, musical, artistic,
architectural and some other intellectual works.
• Unfortunately, particularly with the vast fee market that is the internet , it’s
increasingly common for people to feel they should get everything for
nothing.There are a number of issues that can arise , and below we”ll take a
look at seven of these along with the best way to resolve them.
• Copyright protection gives the author of work a certain ‘bundle of rights’
including the exclusive right to reproduce the work in copies, to prepare
derivative works based on the copyright work and to perform or display the
work publicly.
• All these rights come into play in a network environment it should be kept
in mind that the principles of copyright that govern these the rights are the
same irrespective of the work being digital in nature or otherwise.
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(i) Computer software as copyright:-

 
• Meaning of  Software: 
For a computer to work, it has to be programmed, i.e. given a
set of instructions in a language that computers understand.
These programs are referred to as “Software”, to distinguish
them from “Hardware”.

 
Some Example of Software;-

1. Operating systems, such as Microsoft windows, and

Linux.
2. Software for general, everyday use, such Web
browsers , word processors , spreadsheets, software for
making presentations. Etc.
3. More specialized software , such as a computer-aided
design software , software for statisticians, software
for accountants.etc

Copyright and Digital Technologies:-

• All works now can be digitalised whether they compromise texts

,Images , sound, animation photograph.
• The ease with which works in digital form can be replicated posed a
difficult problem for the law to handle.
• Perfect multiple copies can be generated by the same technology.
• Such copies can be made available and transmitted across the globe
within a second.

 
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               (ii) Copying of Code:-

 
• The modern Copyright Act not only recognises the creative, literary or
musical works for the individual authors ,but also provides an
effective legal framework for protecting the rights of the owners of
computer software. Section 2(o) of the Copyright Act states that
literary work includes “Computer Programmes, tables and
compilations including computer databases”. Computer programme
has been defined under section 2(ffc) of the Copyright Act,1957 as “a
set of instructions expressed in words, codes, schemes or in any form,
including a machine readable medium, capable of causing a computer
to perform a particular task or achieve a particular result.”

• In India , the copyright for software lasts for the life of the author,
plus sixty years, after the expiry of such period the work comes into
public domain. In Case of Pseudonymous or anonymous work and
work by public undertaking , the copyright lasts for sixty years from
the date of publication.

• Any “work” including “literary work” must be presented in some

tangible form, either in print or writing. Ideas which cannot be
presented in some tangible medium cannot be protected under the
Copyright Act. Computer software may be Reproduced or presented
in programme manuals, punched cards, magnetic tapes,discs,papers,
etc and thus provides an effective tangible medium to get copyright
protection. But the moment copies of the software are made and
marketed, it becomes goods, which are susceptible to sales tax.Further
,
• Both the source code and the object code of computer software can be
copyrighted.The general rules of copyright sates that ideas cannot
have copyright protection, but what is protected is the expression of
the idea.However, the expression of the idea,which is nothing but a
 P a g e  | 33 
 

literal limitation of prior work with minor changes here and there,will
constitute violation of copyright law.Copyright law protects not only
literal copying of the source code but copying the non-literal elements
in a software like the “structure , sequence and organisation”.

• In determining whether two software are substantial in nature, courts

in US, have applied the “abstraction-filtration-comparison test”. In
this test, the Courts in the first stage the court will break down the
program into smaller parts and identify similarities function .In the
second stage, the Court will filter out the parts which are already in
public domain, or which are industry standards, or which dictated by
efficiency (best way of doing the task) or external factors like
API,Programming standards. In the third part, the Court determines
the level of similarities between the two programs, if any and
importance of the copied part in comparison with the intireprograme,if
the code relates of “method of operation”, a text which helps people to
describe how to operate the programme, foe the example similar
command menus in program; it cannot be protected under copyright
law.

• The rights conferred S.14 of Copyright Act,are basically economic

right of the owner to exploit his creation himself or may assign
licenses to other for such economic benefits.The Copyright Act grants
a copyright holder exclusive right in respect of a work or a substantial
part of it to reproduce, issue copies, perform or communicate,
translate, adaptation, sell or give or rental any computer programme.

• Selling and distribution of pirated software:-

• Copyright infringement of computer programmes, popularly known as

software piracy is highly prevalent in india. If any person without
permission of the copyright owner or exceeding the terms of the
license granted publish, sell, distribute a software, the owner can file
 P a g e  | 34 
 

for suit for infringement. Both civil and criminal remedies are
available under the Copyright Act.
• A person can claim damages, injuctions, accounts of profits and other
remedies conferred under the law for Copyright in a work shall be
punishable with minimum imprisonment of six months and may
extend to two lakh rupees.The Act also provides for enhanced
punishment in case of second or subsequent offence of copyright
infringement.
• The Indian judiciary is recently being very proactive and strict about
cyber piracy. Recently, the Delhi High Court has granted John Doe
orders, or injunction order against prospective unknown offenders to
prevent copyright violations of movies like Speedy Singhs ,Singham ,
DON 2 and Bodyguard before its release. The John Doe order resulted
in blocking of various file sharing websites like Megaupload,
Filesonic by Internet Access Providers(IAPs). The Calcutta High
Court granted an order to the Internet Service Providers to block
various websites offering pirated music. Software owners may seek
for John Doe orders to prevent software piracy throught internet in a
similar fashion.
• In INDIA, the Intellectual Property Rights (IPR) of Computer
software is covered under the Copyright Law.
• Accordingly, the Copyright of Computer Software is protected under
the Provisions of Indian Copyright Act ,1957.
• Computer software is protected as Literary Work.
 
 
 
 

 
 
 
   
 
 P a g e  | 35 
 
 

(iii)Websites:-

The design , images, content, source code and illustration used in a

websites are individually protected under laws. However , certain
elements of the website which are functional in nature and the overall
layout may be difficult to be protected under either copyright or
trademark law. The remedy for protection of website layout cab be
availed under trade dress protection .Trade dress law protects the
“look and feel” of the website including interactive elements and
overall representation of the website, if the representation are highly
intuitive for the users.basic design of website is copyright , as are its
contents, including text, graphics , audio or video, HTML and markup
code , lists of websites and links,as well as any other original material.
Some websites expressly forbid deep links-links that bypass their
home page- so it is best to check before doing this.
For protecting your websites:
1. Watermarking and using low-resolution website
images.
2. Add codes which automatically add attribution link
when images or text is copied
3. Limiting access to particular areas of the website
4. Limiting indexing of sub-pages by search engine bots,
if it contains an image gallery.

5. If you are getting your websites designed by a

freelancer or any other agency, it is advised that the
agreement must contain a copyright assignment clause
granting you the copyright of the website created.
 P a g e  | 36 
 

           (iii) Caching (Mirroring):-

• Cache refers to a space of temporary storage. Computer have caches
such as disk and cache memory. Thus, caching is the process whereby
a material is copied form an original source to the cache Such material
would be available to the user for temporary period.
• Firstly copying of document itself with is displayed on the are copied
and retained along with the documents reviewed by the use in the past
.the document are not stored in personal computer but on an ISP
(Internet Service Provider) or on a website another practice that
causes numerous copyright violations in the internet, especially in
relation to computer software is the practice of caching. Caching may
be local caching and proxy caching.
• Caching present difficult copyright issue on a number of fronts
because catching involves the making of copies it presents an
oblivious problem of potential infringement of the right of
reproduction. In addition proxy catching may give rise to infringement
of the rights of public distribution, public policy , public performance
and digital performance, since copies of copyrighters works may be
further distributed and displayed or performed form the cache server
to members of public.
• The issues of copyright law and computer software on the internet
cannot be in anyway being limited to the above mentioned rights.
There are numerous areas that will appear where the interaction
between copyright law and software on the Internet will surface.
 P a g e  | 37 
 

(v) Archivi
                           A ing:- 
 
• In Archiving,
A the proceess entails downloadding and storing off the
materrial of anoother websiite and inccorporatingg the samee. Even if there
t
does exist a hyyperlink , the
t link shall take the user to another
a areea of
the same
s site where thee material of anothher site haas been sttored
Archhiving withhout the perrmission of
o the copyyright owneer may am mount
to inffringementt.
• Thumbbnails:-

• Though using thum mbnails off images owned

o by the other may
violationn of copyriight, exceppt in case the
t image has been used
u
under faair-use critteria , ie, for newss, researchh, criticism
m or
review of the work.autom
w matic indexxing of the webpages
containinng the im mages by a searchh engine and proovide
thumbnaail versionss of imagees in respoonse to usser inquiriees is
fair use. Example: Archiving
A Process inn Web.
 P a g e  | 38 
 

¾ Computer Database and Copyright:- 

 
• Database  refers to collection of data, works, information or other
independent material arranged in a systematic way.
• Databases should be given copyright protection as they are the result
of skill and labour employed by the author in creating the work.
• Ex. The name, employee identification number, address, telephone
number of the Employee.
• The Compiling author makes his selection of individual items of the
database to include them in an:
1. Orderly Manner
2. Arrangement in a effective way for users
3. Direction of compilation is sufficiently original.
• Copyright laws are not concerned with the origin of ideas, but with
the expression of thoughts.

(vii) Computer Database:-

 
Databases in an elementary sense are nothing but an
arrangement of arrays of information in a tabular manner. A
Computer database can be of two type- Containing only raw data and
a database which is complex software which stores raw data, process
the data and disseminate the information in a desirable format.
Databases are generally protected as literary work, and Indian
copyright law specifically recognises computer databases. Database
included mailing lists, telephone directories, etc in which can be
produced in either electronic or in traditional paper format. Database
protections are generally granted not because they are creative or
innovative , but to recognise the labour invested in creation of the
database. Creation and development of a successful commercial
database involves investment of huge sum of money and time.
However, not all databases are protected under the law , only those
 P a g e  | 39 
 

databases which feature some degree of originality in complication of

the facts are protected. The data which is stored inside the database,
may or may not have separate copyright protection. Moreover,
copyright protection grated to a database, does not automatically
grants copyright protection. However a compliation of skilfully
arranged number may be copyright protected, but not the numbers
itself.

• Shareware: 
 
This is also known as “try before you buy” software.This
software usually come with functionality for a limited period. After
this trial period users must either buy the software or uninstall it
from their computers.The trial period could be in terms of number
of days.

• Demo ware:

Demo ware is meant only for demonstrations. The demo ware

does not have any functional features ,it only serves to demonstrate
the features to potential users.
Software copyright owner has the right to reproduce and make any
number of copies of his work as he likes. Secondly, he may display
his software on the internet which would amount to display to the
public. He is also vested with the right of selling. Renting,
transferring, updating, modifying his software copyrighted work.In
india , some of the acts which do not constitute the infringement of
copyright would be fair dealing with a literary, dramatic,musical or
artistic work for the purpose of private use ,including research,
criticism or review in order to utilise the computer program for the
purpose for which is supplied or to make back-up copies purely as
temporary protection against loss, destruction or damages in order
only to utilize the computer program for the purpose for which it
was supplied.
 P a g e  | 40 
 

Copyright Issues Involving Music: 
       A piece of recorded music is covered by two copyrights. The copyright in the
composition protects the music and lyrics. If any, and is usully owned by the
songwriter . The producer or record company owns a separate copyright in the
sound recording, which protects the audio engineering and production of the
recording. These copyrights provide their owners with the exclusive right to make
copies of the music and distribute it to others, perform the music and create
derivative works.

                      (viii) File –Sharing:‐ 
• Distributing music to others using internet file-sharing services infringes
both sound recording and musical composition copyrights. Whether the file-
sharer gets any direct or indirect commercial gain from these activities is
irrelevant. If the copyright holders bring infringement lawsuits, that they
may be entitled to thousands of dollars in damages and fees. Federal law
also imposes criminal penalties for those found guilty of unauthorized
reproduction and distribution of sound recordings.
• Prolific file-sharers may be found guilty of a felony sentenced to a
maximum of five years in prison and $250,000 in fines.

 
 P a g e  | 41 
 

 
¾ Sampling:‐ 
 
• A producer samples by lifting a few notes from a pre-existing sound
recording and incorporating those notes into his new recording. Sampling
without permission infringes the sound recording copyright and may also
infringe the copyright in the composition. A license is required because
sampling violates the copyright holders exclusive rights to make copies of
her work and distribute it to others.

• If a large amount of music id sampled from the prior recording, the new
song could also be considered a derivative work. License rates are not ;

• governed by statute and depend on factors, such as the amount of the

original song sampled and the popularity of the song and artist.
 P a g e  | 42 
 

(ix) Spaming (E-Mail):-

 
• There is considerable growth of spam in emails. Many countries have
already become hot spots for granting spam as the number of internet
and mobile users increase the spammers make use of innovative
methods to target the digital users. An E-Mail has to move across
many lines to reach its final destination. Thus the email is not
absolutely protected from hackers who wish to know the contents of
the e-mail.
• Here are some other issues to keep in mind when sending e-mail, E-
mailing in general –aside from hackers ,government agents may
access your e-mail. If a government agent has a valid warrant, the
Internet service provider must release the e-mails to the agent.
• The cyberspace is an dangerous an arena as it is attractive , The Data
that is in the web may be safe from any physical damages but the
threat of virtual invasion still persists keeping these issues in mind.

 
 P a g e  | 43 
 

         (x)Uploading & Posting:-

 

• When any work is published in the Internet, there is almost

unrestricted viewing .Thus , when a copyright material is published
the internet without authorization, it becomes a case of infringement
.However , the court have not provided for any straight jacket formula
for arriving at such a conclusion but have delivered mixed responses
subject to the facts of each case.

          
 
 
 P a g e  | 44 
 

 
™ PATENT:- 

WHAT IS THE PATENT?

 
• A patent describes an invention for which the inventor claims the exclusive
right to make, use and sell an invention for a specific period.
• Invention is a new solution to “technical” problem(product, process and new
use)
• A patent is a monopoly of a new invention.
• That invention can be product or a process.
• A patent is an intellectual property right granted by the Government to an
inventor.
• Patent is a legal document granted by government giving an inventor the
exclusive right to make , use , and sell an invention for specified number of
years. Patent are also previously invented items.
• The patent law does not directly affect much of the contents of cyberspace
the patent law only affects original and nonobvious inventions. 
   
 

 
 
 P a g e  | 45 
 

WHAT MAY BE PATENTED?

¾ Process:
• Process, act or method, and primarily
includes industrial or technical processes
¾ Machines
• Self explanatory
¾ Article of manufacture
¾ Compositions of Matter
¾ Designs

 
 P a g e  | 46 
 

Unpatentable Subject Matter:

            
¾ Laws of nature, discovery, mathematical method or
scientific theory
¾ Naturally occurring compounds
¾ Abstract ideas , mere presentation of information
¾ Technology already know
¾ A literary, dramatic, musical or artistic any other
aesthetic creation
¾ A scheme, rule or method for performing any mental
act, playing a game or a program for a computer.

Conditions of Patentability:

1. Novelty- A Product or process to be patented should be new.

It should not be already published or in use or part of the
existing knowledge

2.Non- Obviousness: Invention should not be obvious to the

person skilled in the art to which invention relates.

3.Useful and capable of industrial application.

 P a g e  | 47 
 

 
™Patent Issues In Cyberspace:-
 
• Internet is Software driven .Software enables the networking of
computers and the actual transmission of data . Controversy as to
whether computer software should be protected under copyright law
or patent law is not yet resolved and still remains as an exclusive
concept for intellectual property.
• Patents re granted to invention which are new , novel and useful.
Traditionally , patent have been associated with more industrial or
scientific innovations, such as machinery, manufacturing process,
computer chips and pharmaceuticals. A patent laws available to
protect it.
• Two Important Issues concerned with patent and have created
controversy over the cyberspace :-

(I) Business Method Patent

(Eaxm.Amazon.com)

(II) Software Patent

exam.

1. Apple IOS
2. Google Android
3. Playstore etc.
4. Facebook
5. Microsoft
6. Instagram
 P a g e  | 48 
 

 
™Business Patent Method :-
 

• Sec.3 (k) of the Indian Patent Act,1970 expressly excludes

patenting of business method and computer programme per se
from the subject matter of patentability. Hence in india patent
are not available to computer programme per se and business
method either in the real word or in the cyberspace. But
countries like United States of America and Japan have already
started granting patent for business method and granting patent
for computer software has become well established practice in
these countries.

• In Amazon.com V Barnesandnoble:-
¾ Amazon.com filed a patent application with
USPTO(United States Patent and Trademark
Office) for a business method: “Method and
system for placing a purchase order via a
communication network”.
¾ In this Patent Application, Amazon.com claimed
as its invention a business methodology for
placing an order ,whereby in response to only a
single action performed by a consumer (such as
click of mouse), a requested item may be ordered.
Additional information necessary to complete the
order, such as credit card number and shipping
address ,is obtained from information previous
received from the consumer and stored in a
database by the vendor, This patent was dubbed
as “I-CLICK” patent because users of the
invention need click only once with the mouse on
a hyperlink to complete the purchase of an item,
 P a g e  | 49 
 

When BarnesandNobel, followed the same

method for its operations.
¾ Some commentators have criticized the”1-click”
patent as an example of a patent system gone
astray.These critics contend that the patent system
has been stretched too far with the allowance of
business method patents, and that even if business
method are worthy of patent protection,the US
patent and trademark office is not equipped to
handle the examination of patent application for
this type of innovation.At the same time ,others
held the patenting of business methods as a
natural progression in an ever changing
technology driven world .As it so often happens
,the truth probably lies somewhere between.
• Regardless ,few will dispute that business method patents ,as well as
software patent in general, are having impact on how software and
internet companies are conducting business.
 P a g e  | 50 
 

™Software Patent:-

• Internet is one of man’s profound inventions of the millennium It

can be defines as global network of interconnected computers and
computer networks, The most impeccable quality of internet is that it
is accessible with negligible cost and to almost all corners of the
earth .Internet is Town Square Internet is the quickest source of
information .You can get anything under the Sun with just one
simple click. A Journey of a thousand sites begins with a single
click. However ; the Internet is both a Boon and a ban.

¾ Software Patent Issues in Cyberspace:-

¾ APPLE Sued HTC over iPhone Patents:

• Apple sued phone maker HTC and filed a complaint with the U.S
International Trade Commission. Alleging that the Taiwanese
company is infringing 20 Apple patents related to the iPhone.
• Steve Jobs, Apple’s CEO, said in a statement “We think competition
is healthy, but competitors should create their original technology,
not steal ours.
 P a g e  | 51 
 

(1) Cyber Stalking:-

• Social Media websites such as Facebook, Twitter and LinkedIn, as

well as photo sharing programs like Instagram, make information
about private individuals more readily accessible than ever.
Moreover the anonymity of the Internet allows some to attack their
targets without revealing their own identities. These issues h have
generated attention with several high-profile criminal cases
involving the suicides of children and teenagers who experienced
severe cyberspace.
• Cyber stalking is a criminal practice where an individual uses the
internet to systematically harass or threaten someone .Facebook and
Instagram all other many commonly used online sharing activities
provide cyberstalkers with wealth of information that helps them
plan their harassment; By collecting personal data (Profile Pages on
Facebook&Instagram) and making notes of frequented locations
(Photo tag, Blog posts), the cyberstalker can being to keeping tabs
on an individual’s daily life.
• Creating False online accounts on social networking and dating sites
, impersonating the victim or attempting to establish contact with the
victim by using a false persona.

 
 P a g e  | 52 
 

(2) Cyber Harassment:-

• Online  harassment, sometimes referred to as “Cyberharassment”,

usually pertains to threatening websites and instant messages on
Instagram and facebook website entries .It is often repeated attempts
to target a specific person by directly contacting them, or indirectly
using or their personal information, Causing them distress, fear or
anger.
• Cyberstalking involves using the internet or other electronic means
to stalk a victim and generally refers to a pattern of threatening or
malicious behavior, To be considered cyberstalking, the behaviour
must post a credible of harm to the victim.
 P a g e  | 53 
 

                               (3) Cyber Bullying:-

• Cyber bullying is bullying that takes place over digital devices like
Cell Phones , computers, and tablets. Cyberbullying can occur
through SMS , TEXT and APPS, or online in social sites forums, or
gaming where people can view, participate in , or share content
.Cyberbullying includes sending, posting or sharing negative
harmful, false or mean content about someone else. It can include
sharing personal or private information about someone else causing
embarrassment or humiliation. Some cyberbullying crosses the line
into unlawful or criminal behaviour.

                            
 

                                     
 P a g e  | 54 
 

                            (4) Human Trafficking:- 

• Human trafficking is the trade of humans for the purpose of forced
labour, sexual slavery, or commercial sexual exploitation for the
trafficker or others.
• It is estimated that there are at least 27 million victims of human
trafficking worldwide who are forced to work as salves, sex workers
, soldiers or domestic workers .Human trafficking today is
frequently international in nature and almost involves use of
internet.
• Facebook is increasingly being noted as a tool used in sexual
exploitation. Today, thousands of false facebook profile are
established every week, which are merely links to outside websites
featuring women and men for sale . Members of organized online
extortion rackets have been known to seduce women, men and
children on social network like facebook and other various cell
phones App.
 P a g e  | 55 
 

™TRADE SECRET:-
 
What is a Trade Secret?
 
• A trade secret is a formula , pattern , physical device , idea , process , or
complication of information which is not generally known or reasonably
ascertainable, by which a business can obtain an electronic advantage over
competitors or customers.
• Trade secret are aspects of your company that, if discovered by a competitor
, could significantly impact your bottom line or your ability to complete in
marketplace.
• In some Jurisdictions , such secrets are referred to as “Confidential
Information” or “Classified Information”.
• Reasonable efforts are used to keep it Secret.

                                  
 
 P a g e  | 56 
 

What can be protected as a Trade Secret:-

Trade Secret:
a. Information
b. A formula
c. Pattern
d. Compilation
e. Program
f. Device
g. Method
h. Technique
i. Or Process

Why the Trade Secret Protection is important?

• Trade Secret law seeks to maintain and promote of commercial

ethics and fair dealing.
• A key objective of trade secret law is to provide an incentive for
business to innovate by safeguarding the substantial time and
capital invested to develop competitively advantageous
innovation, both technical and commercial and especially those
that are not patentable or do not merit the cost of patenting
• If not protected by trade secret law ,then competition could use
these innovations without having to shoulder the burden of costs
or risks faced in developing the innovations.
• Patents, trademarks and copyright are obtained through
application to government agencies and defended by lawsuits
against infringers.
• Trade secrets are neglected sibling and yet may represent largest
single contribution to intangible assets.
• Today, value of a company’s intangible assets exceed those of its
tangible assets.
 P a g e  | 57 
 

How to
t Protect Trade
T Secrret:-

1.Emplooy multiplee means off security

2. Physiical Securitty for docss & Prototyypes
3. Best Practices:
P D
Don’t talk about or publicize
p
Your trade secreets.
4. Contaact: Confiddentiality or
o “Non- diisclosure”
Agreeement (for Employees
E s and 3rd Parties).
 
 
Trade Secret Prootection Program:-
P
 P a g e  | 58 
 

IMPACT OF TRADE SECRET THEFT:

1.Scope of harm to victims; for example

• Loss of competitive advantages
• Loss of core Business technologies
• Reduced Profitability
• Loss of Reputation , Image , Goodwill

™ Famous Trade Secret Example….:-

1.Formula for Coco-Cola

 
2.Google Search

           

 
 
 P a g e  | 59 
 

3.WD-40 Formula

             
4. The Big Mac Special Sauce

                 
 

5.Twinkie Cake Recipe & Chocolate Chip Cookies

 
 P a g e  | 60 
 

6. KFC Chicken Receipe

   

™ Secret Recipe (KFC): 

• Kentucky Fried Chicken

• The Secret Recipe of “11 herbs and spices” lies in a bank vault.
Few People Know it, and they are contractually obligated to
secrecy.
• The Ingredients are mixed by two different companies in two
different locations and then combined elsewhere in a third and
separate location.
• To Mix the final formula , a computer processing system is used to
blend the mixtures together and ensure that no one outside KFC has
the complete recipe.
¾ Procter and Gamble Co unit Gillette filed lawsuit against four former
employees for disclosing trade secrets to shaveLogic Inc, their current
employer.
¾ Breached their contracts with Gillette by disclosing highly confidential
information and trade secrets.
 P a g e  | 61 
 

¾ Employees shared information related to technical innovations for

enhancing shaving technology.

¾ Defendant were working in n R & D capacity during their tenure at Gillette.

¾ Shavelogic ha adopted the practice of hiring former Gillette employees and

advisors to gain trade secrets.

¾ Gillette , which is more than a century old, said in the filing that monetary
compensation would be determined at the trial.
 
 

 
 
 
 P a g e  | 62 
 

™Trade Secret Issues in Cyber space:-

 
• Two Type of information can leak in Cyberspace:

¾ Information on Devices, Designs, Processes,

software, designs and many other Industrial
processes.
¾ Information On Individual employees life
possessions employee accumulated
knowledge and experience.
• On Cyberspace, companies not only obtain vital and essential information
free , they also obtain other resources free or almost free.
• For example , Companies can get free or very inexpensive consultancy in
cyberspace that would have required them to hire an expert for a lot more
money.so that’s why the Internet has been mainly used by researchers in
both educational and research institutions exchanging information and
research data.

(i)Misappropriation

(i) Information on Device

(ii)Test Data and Patterns

(iii)Designs, Drawing and Processes

(ii)Cyber Theft (Hacking )

(iii)Cyber Espionage
 P a g e  | 63 
 

(i) Misappropriation:-
 
Acquisition, disclosure or use of trade secret of another by a
person who knows or has reason to know that the trade secret was acquired
by improper means;

Improper means: Includes,

1. Theft
2. Bribery
3. Misrepresentation
4. Breach or inducement of breach of duty to maintain
Secrecy , or Espionage throught electronic or other
way.

• Cyber issues are legislated to concern different legal aspects, only

some of them come into consideration with trade secret
misappropriation.

• Interference in an information system concern preventing the proper

function of the restricted information system, and as such does not
directly concern trade secrets, Interference in an information system
is the target of denial of service attack. As the aim of the interference
in an information system is interfering the functioning of an
information system trade secret do not usually come into
consideration with this type of cybercrimes.

• Offences involving a system for accessing protected services don’t

usually relate to trade secret misappropriation as such , because this
provision solely prohibits selling and other means of providing
 P a g e  | 64 
 

systems used to access a protected service, and the person convicted

for this crime has not used the system.

• However , this can come into consideration indirectly when one has
acquired systems that were used to access a protected service, where a
trade secret services does not concern trade secrets as a such but

• providing tools and system where they then could access the secret
information.
• From this it can be seen, that solely the computer break-in may
directly concern trade secret, but it should be kept in mind ,that of
misuse of business secret requires predicate offence committed. This
means that other cybercrime could be considered as such predicate
offence and be indirectly part of a trade secret misappropriation.

• Of the offences concerning trade secret, solely the prohibition of

business espionage specifically states accessing information system as
a criminalised means to misappropriation of trade secret. Misuse of
business secret requires a predicate offence for it substantiate, and it
could be one of the cybercrimes prohibited in the criminal code.

• Based on the abovementioned, cybercrime that can directly concern

trade secret are computer-break in and its aggravated form, As for
crimes concerning trade secret misappropriation, business espionage
and misuse of the business secret can be related to cybercrime.
Therefore these crimes are taken into considered on the issue of
possible issues with current legislation in relation to trade secret and
cybercrime offences.

• The number of computer break-ins that have come to public

knowledge has substantially increased. The Public Discussion mainly
concentrated on the actual break-in, instead of the possible aim to
access trade secret or other secret information .
 P a g e  | 65 
 

• This is partly because once a computer break-in is discovered ,the

movies of the perpetrator are not known. This Elaborates the
intertwined nature of cybercrimes and trade secret misappropriation.
 P a g e  | 66 
 

(ii)Cyber Theft (Hacking):

• Theft of trade secrets means the theft of ideas , plans, methods,
technologies, or any sensitives information from all types of
industries including manufacturers, financial service and
computer Industry. Trade secret are plans for a higher speed
computer, designs for a highly procedures and these secret are
woned by the company and give it a competitive edge .Theft of
trade secrets damages edge and therefore the economic base of
a business.
• Computer break-in covers act of hacking and hacking is also
stated as an act which can be considered as an unlawful mean to
access trade secret under business espionage computer break-in
can come into consideration with trade secret misappropriation.
• Drawing & Data (Type of Measures)
All of the drawing and data were stored in a secured room,which was
protected by:
1. A Special lock.
2. An alarm system
3. A motion detector
A number of copies of sensitive information was kept to a
minimum and surplus copies were shredded.
 P a g e  | 67 
 

(iii) Cyber Espionage:-

 
• The Pratical challenges of protecting secret are more difficult to
overcome than the legal once, however. The great explosion of
innovation that has brought so many benefits to the world has
also made it easier for thieves to steal valuable business
information.

• Tracing the source of cyber-espionage is notoriously difficult

given the ubiquity and anonymity if the Internet .Estimating
damage to businesses is likewise challenging, in part because
many enterprises do not know that their systems have been
compromised and also because those who do are often reluctant
to report it. Nevertheless , studies show that the problem is
growing and government around the world are looking for ways
to address it.

• For businesses, the issue is not about protecting their own

valuable information, but about avoiding being infected by
secrets belonging to others. In a global market characterized by
easy movement of employees and complex web of connections
among companies’.
 P a g e  | 68 
 

™LANDMARK JUDGEMENT ON IPR

ISUUES IN CYBERSPACE:-
 

 
(A) Yahoo! Inc. V Akash Arora&Anr[1999 (19) PTC201(DEL)]

• The first decision on the protection of IP Right on the

Internet.The first case india regard to cyber squatting was Yahoo
Inc. V Akash Arora. In what is known till date as a land mark
judgment in cybersquatting , the Delhi High Court held that a
domain name served the same function as a trademark and was
therefore entitled to equal protection .

• As the domain names of the plaintiff ‘Yahoo!’and defendant

‘yahoo india!’, were nearly identical and phonetically similar,
there was every possibility that internet users would be confused
and deceived into believing that the domain names had a
common source or a connection.

• The further observed that the disclaimer used by the defendants

was not sufficient because the nature of the Internet is such that
use of similar domain name cannot be rectified by a disclaimer,
and that it did not matter that ‘Yahoo’ is a dictionary word.The
name had acquired uniqueness and distinctiveness and was
associated with the plaintiff.

• A domain name registrant does not obtain any legal right to use
that particular domain name simply because he has registered the
domain name, he could still be liable for Trademark
Infringement.
 P a g e  | 69 
 

(B) The Coca-Cola Company Vs. Bisleri International

Pvt.Ltd[Manu/DE/2698/2009]

• The Delhi High Court held that if the threat of infringement

exists , then this court would certainly have jurisdiction to
entertain the suit.

• It was also held that the exporting of goods from a country is to

be considered as sale within the country form where the goods
are exported and the same amounts to infringement of trademark
.

• In the present matter ,the defendents , Bisleri by a master

agreement, had sold and assigned the trade mark MAAZA
including formulation rights, know –how, Intellectual property
rights, goodwill etc for india only with respect to a mango fruit
drink known as MAAZA to Coco-Cola.

• In 2008, the defendant filed an app to application for registration

of the trade mark MAAZA in Turkey started exporting fruit
drink under the trade mark MAAZA. The defendant sent a legal
notice repudiating the agreement between the plaintiff and the
defendant, leading to the present case. The plaintiff , the Coca-
Cola company also Claimed permanent injunction and damages
for infringement of trade mark and passing off.

• It was held by the Court that the intention to use the trade mark
besides direct or indirect use of the trademark was sufficient to
give jurisdiction to the court to decide on the issue.The court
finally granted an interim injunction against the
defendants(Bisleri) form using the trade mark MAAZA in india
as well as for export market, which was held to be infringement
of trade mark.
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(C ) Microsoft Corporation V. YogeshPopat , 1996

• The defendants were engaged in the business of assembly

and sale of computers since 1996 and were selling
computers loaded with pirated versions of Microsoft
Software .Microsoft placed a trap order with the
defendants through a Microsoft employee and the
defendants sold to this employee a computer preloaded
with Microsoft pirated software.

• Thereafter, Microsoft filed a suit against the defendants

for permanent injunction and also damages. Defendants did
not appear at all and the court granted the damages of Rs. 2
Crore and Injunction.

(D)Ticket Master Corporation VS. Microsoft Corportion

 

• The defendant provided for specific hyperlinks to specific

pages in the Plaintiff’s site. The Policies service information
and advertisement in the plaintiff’s website were bypassed sue
to such hyperlinks and hence a suit was filed. An out of court
settlement was subsequently made and Microsoft sold that
entertainment portion of its site to Ticket Master .The decisions
of the Courts were not unanimous with the treatment of Deep
Linking.There were judicial cleavages with this regard.
 P a g e  | 71 
 

(E) TATA’S SEEK PATENT SECURITY FOR NANO AGAINST COPYCATS:

 
™ Kala Vijayaraghavan&Lijee Philip , ET Bureau Mar 16
,2009 , 09.41 AM IST
 
• MUMBAI: Tata motors has applied for patent protection for
over 37 inventions and innovation linked to its high-profile
Affordable car, Nano, in an aggressive move to protect the
brand against limitation in the ultra-competitive car industry .It
is also close to filing intellectual property rights (IPRs) claims
for Nano in overseas market ,Company officials said.

• The Company has used a number of new concepts and ideas to

develop this vehicle and patents will help in protecting some of
its innovative ideas. According to officials close to the
development.

 
 P a g e  | 72 
 

™ Closure :‐ 
 
As Intellectual Property is one of the valuable assets of any person.
From the foregoing studies it can be concluded that the advent of the
cyberspace means a internet is serious concern in the field that of
Intellectual Property rights. The infringement of IP right over internet
is common now a day. So there is a need a specific provision which
regulate IP Issues in cyberspace It should be protected at any cost since
a person put his skills and labour for creation of Intellectual Property.
On the other hand there is an urgent need for the strict laws in this field,
so that these crimes related To IPR could be avoided in future. The new
domain name dispute law should be intended to give trademark and
service mark. Owners legal remedies against defendants who obtain
domain names” in bad faith” that are identical or confusingly similar to
a trademark .It should act as an important weapon for trademark
holders in protecting their intellectual property in the online world .In
US They have special legislation for prevention of cybersquatting .so
it’s a high time for india to enact such a suitable legislation which will
protect the rights of Copyright , Trademark , Patent and Trade Secret
Various issues involving cyberspace against Intellectual Property.
Legal , economic and public policy research should be undertaken to
determine the extent to which intellectual property rights have to be
protected in cyberspace. Internet being a borderless medium is
responsible for the ‘death of distance’ among nations which has created
international problems, international conventions and treaties seem to
be more appropriate to protect and promote the interest of the
cyberspace entities.
 P a g e  | 73 
 

™ BIBLIOGRAPHY:‐ 
 
 
 
BOOKS AUTHORS

• Issues of Cyberspace • Dr. Georgio Zekos

• Cyber law and Cyber • Dr. Gupta and Agarwal

Security

• Intellectual Property Issues • Mr. Rohas Negpal

in Cyberspace

• Intellectual Property Bare • Justice M.R.Mallick

Act

• Cyber Law in India • Dr.Farooq Ahmad

• Cyber Law and IPR Issues • Mr. Atul Satwa Jaybhaye

• Intellectual Property Right in • Mr. V.K Ahuja

India

• Cyber Security and Cyber • Santanam,Raghu

Crime

   

 
 P a g e  | 74 
 

 
 
™ WEBLIOGRPHY:‐ 
 
 
• www.wipo.int
• www.indiankanoon.org
• www.org/wiki.copyright.com
• www.makeinindia.com/intellectual property
facts
• www.ipindia.nic.in
• http://WWW.Cybergaurds.com
• www.en.wikipedia .org
• www.oznetlaw.net/fact/database
• www.cyberlawindia.com/
• www.cyberlawdb.com
• www.cyberlaws.net
• google.go.in
• study.com
• ask.reference.com
• www.linfo.org/database.html
• In.norton.com
• Serchcybersecurity.com
• Informationweek.com
• www.law.emory.edu
• www.bitlaw.com