INDEX

S.NO LIST PAGE NO. SIGN

1 Study of Jurisdictional Aspects in Cyber Law Issues 1-4

2 Study of Jurisdiction under IT Act, 2000. 5

3 Study of Hacking, Digital Forgery. 6-8

4 Study of threat to privacy on internet. 9

5 Study about the difference between related rights and copyright. 10-11

6 Study of Privacy and Data Protection on Internet. 12-13

7 Study about registration process of trademark. 14-16

8 Study about different kind of signs can be used as trademarks. 17

9 Study of Copyright, Related Rights and Trademarks. 18-19

10 Study of Self-regulation approach to privacy. 20

11 Study of intellectual property right (IPR) in India. 21-22

12 Study about impact of the patent system. 23-24

13 Study for Granting of patent. 25

14 Study related to Rights of Patents 26-27

15 Discussion with reference to authentication of Electronic Record 28-29

using Digital
Signatures
1. Study of Jurisdictional Aspects in Cyber Law Issues
The criminal activity on the web (internet) is termed as cyber-crime. Cyber-crime is prevented and protected
from Cyber laws. The non-presence of physical boundaries on the internet and non-effective security to the
data of the user is one of the main reasons for cybercrime.
Cyberspace refers to the virtual computer world, and more specifically, an electronic medium that is used to
facilitate online communication. Cyberspace typically involves a large computer network made up of many
worldwide computer sub-networks that employ TCP/IP protocol to aid in communication and data exchange
activities.

Issues of jurisdiction in cyberspace

Jurisdiction gives power to the appropriate court to hear a case and declare a judgment. In cybercrime
instances, the victim and the accused are generally from different countries, and hence deciding which
jurisdiction will prevail is conflicting.
The internet as stated earlier has no boundaries; thus, no specific jurisdiction can be titled over its use. A user
is free to access whatever he wishes to and from wherever he wishes to. Till the time a user’s online activity
is legal and not violative of any law, till then there is no issue. However, when such actions become illegal
and criminal, jurisdiction has a crucial role to play.
For example, a user committing a robbery in country ‘A’ while sitting in country ‘B’ from the server of country
‘C,’ then which country’s jurisdiction will apply needs to be answered. In this case, the transaction might have
been done virtually, yet the people are present physically in their respective countries governed by their laws
and the court generally decides the jurisdiction of the country where the crime has been actually committed.
In cyberspace, there are generally three parties involved in a transaction: user, server host, and the person with
whom the transaction is taking place, with the need to be put within one jurisdiction. All three parties in this
illustration belong to three different countries, now the laws of ‘A,’ ‘B’ or ’C’ will be prevalent or not, or even
municipal laws will be applicable or international laws are the issues of jurisdiction in cyberspace. The extent
of a court’s competency to hear a cross border matter and apply the domestic state laws is another issue.

Types of Jurisdictions
There are three types of jurisdictions recognized in international law, namely-
Personal Jurisdiction – It is a type of jurisdiction where the court can pass judgments on particular parties
and persons. In the case of Pennoyer v. Neff, The Supreme Court of the US observed that the Due process
enshrined in the constitution of the US constrains the personal jurisdiction upon its implication on the non-
resident, hence there is no direct jurisdiction on the non-residents. However, this restraint was curbed over by
the minimum contact theory which allowed the jurisdiction over the non-residents as well.
Subject-matter jurisdiction – It is a type of jurisdiction where the court can hear and decide specific cases
that include a particular subject matter. If the specific subject matter is of one court but the plaintiff had sued
in any other court then the plea will be rejected and the plaintiff will have to file the case in the court which is
related to that matter. For instance, a complaint regarding a consumer good should be filed in the district
consumer forum rather than district court as district consumer forums specifically look at consumer related
cases. In the same manner, all environmental-related cases are tried in NGT rather than a district court.
Pecuniary Jurisdiction – This type of jurisdiction mainly deals with monetary matters. The value of the
suit should not exceed the pecuniary jurisdiction. There are various limits set for a court that can try a case of
certain value beyond which it is tried in different courts. For example, district consumer forum looks at the
matter not exceeding 20 lakh rupees, State consumer dispute redressal commission which has pecuniary
jurisdiction of more than 20 lakh rupees but not exceeding 1 crore, National consumer dispute redressal

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commission which has pecuniary jurisdiction involving cases of more than 1 crore rupees in India. It is
dependent upon the claim made in proceedings and is structured in hierarchical order.

Prerequisites of jurisdiction
There are three prerequisites of valid jurisdictions that are needed to be followed. A person is compelled to
follow the rules and regulations of the state. The state has the power to punish a person violating such laws.

Prescriptive Jurisdiction – This type of jurisdiction enables a country to impose laws, particularly for a
person’s activity, status, circumstances, or choice. This jurisdiction is unlimited. Hence, a country can enact
any law, legislation on any matter, even where the person’s nationality is different, or the act happened at a
different place. However, International law prevents any state from legislating any such law contrary to other
countries’ interests.

Jurisdiction to Adjudicate – Under this jurisdiction, the state has the power to decide the matter on a
person concerned in civil or criminal cases despite the fact that the state was a party or not; a mere relationship
between both is sufficient. It is not necessary that a state having the prescribed jurisdiction must also have
jurisdiction to adjudicate.

Jurisdiction to Enforce – This jurisdiction depends on the existence of prescriptive jurisdiction; hence if
prescriptive jurisdiction is absent, then it cannot be enforced to punish a person violating its laws and
regulations; however, this jurisdiction is not exercised in an absolute sense and a state cannot enforce its
jurisdiction on a person or the crime situated or happened in a different country.
Jurisdiction to prescribe is based on various theories-

Subjective territoriality– It lays down that if the act is committed in the territories of the forum state, then
its laws will be applicable to the parties. The act of the non-resident person in the forum state is the key element
under it. For example- A country can make a law criminalizing an act in its territory, and then the subject
aspect of the territoriality will recognize it.

Objective territoriality – It is invoked when an act is committed outside the forum state’s territorial
boundary, yet its impact is on the forum state. It is also known as ‘Effect Jurisdiction.’ It was established in
the case of United States v Thomas[4] in which the defendant published phonographic material and to see and
download it, he provided the subscribers with a password after getting a form filled which included their
personal details, and the plaintiff claimed it to be violative of its domestic laws, the court held that “the effect
of the defendant’s criminal conduct reached the Western District of Tennessee, and that district was suitable
for accurate fact-finding,” and the court has the jurisdiction.

In the landmark case of Playboy Enterprise, Inc. v Chuckleberry Publishing, Inc., the defendant operated a
website in Italy on which obscene photographs were displayed, and some of its users were the citizens of the
USA. The court found it to be against US laws and banned the website from falling under US jurisdiction;
however, the court does not have the jurisdiction to put a complete ban on the use by the other users of different
states.

Nationality – It is applied to the offender who is the national of the state; for example, a person of a state
commits an offense in a foreign country that is punishable in the domestic laws, then the state has the power
to punish its citizen.

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Universality – The acts which are universally acclaimed as crimes such as hijack, child pornography. A
cyber-criminal can be convicted in any country for committing such a heinous crime. It presumes that the
country has jurisdiction to prosecute the offender of a cyber-crime.
The Test evolved of Jurisdictional Aspects in Cyber Law
There are several tests that determine the jurisdiction in the cases of cyber-crime.

Minimum Contacts Theory

This test is applicable where both or any of the parties are outside the territorial jurisdiction of the court. In
the landmark judgment in Washington v International Shoe Company, this theory was evolved by the US
Supreme Court.
After this case, the court laid down three criteria-
“The non-resident defendant must do some act or consummate some transaction with the forum or perform
some act by which he purposefully avails himself of the privilege of conducting activities in the forum, thereby
invoking the benefits and protections.
the claim must be one which arises out of or results from the defendant’s forum-related activities, and exercise
of jurisdiction must be reasonable.”
In the case of CompuServe Inc v Patterson, The court held that contracts related to cyberspace are also covered
under the domain of minimum contacts theory.

Sliding Scale Theory

Sliding Scale theory is also known as Zippo Test. It is the most accepted test in deciding personal jurisdiction
in cyberspace cases. On the basis of the interactivity of the websites, the jurisdiction is decided. The more the
number of interactivities, the more the courts have personal jurisdiction over it in the forum state.
For a passive website, the courts have almost no jurisdiction, while in the middle spectrum site, the court may
or may not have jurisdiction; however, in the case of a highly interactive site, the court has jurisdiction.
In the landmark case of Zippo Manufacturer v Zippo.Com[10], the plaintiff Zippo Manufacturer of lighters in
Pennsylvania sued the defendant Zippo.com for an infringing trademark. The defendant had a lot of
interactivity; hence the personal jurisdiction will be applicable to the defendant.

Effects Test and International targeting

Few conditions are required to be satisfied for the Effect test, mainly the action taken expressly against the
forum state with the knowledge and intention that it will injure the state. If the court thinks fit that the
defendant’s action caused injuries to the forum state, then personal jurisdiction is asserted in cyberspace cases
where no contact is present. In the landmark case of Calder v Jones, The Supreme Court of the US observed
that the court in the state can exercise personal jurisdiction on non-residents. In this case, the editor and writer
of a national magazine published a defamatory article on the residents. The facts of the case are that the
plaintiff Shirley Jones sued the distributor, the writer, and its editor Calder of a national magazine, defaming
her as an alcoholic. Jones was a resident of California while the article was written and edited in Florida. Jones
sued the defendants in the court of California because the magazine had a vast circulation in the state. The
court held that the court of California has personal jurisdiction over the defendants. In Panavision
International v Toeppen, Toeppen, the defendant was indulged in cyber-crime by using the plaintiff’s
trademark commercially and selling it back to him for a hefty amount. The California court held that by
applying the effects test, the court had personal jurisdiction over the non-resident defendant.

Conclusion

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Despite having laid down various tests to figure out jurisdiction, it is still debatable in the courts of law to
ascertain the jurisdiction in cyber-crime cases involving more than one country. The criteria to determine the
jurisdiction are different in different countries. Hence, a test of jurisdiction might qualify in one country but
not qualify in another, so where the disputed parties are of different states, it is very difficult to acclaim the
jurisdiction of one nation over the other. In such a situation more than one test should be incorporated in
deciding the jurisdiction.

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2. Study of Jurisdiction under IT Act, 2000.
“Information Technology Act, 2000 in section 1(2) states that the Act extends to the whole of India and applies
also to any offence or contravention thereunder committed outside India by any person.”

Further, “Section 75 states that subject to the provision of sub-section (2), the provision of this act shall also
apply to any offence or contravention committed outside India by any person irrespective of his nationality.
For the purpose of sub section (1), this act shall apply to an offence or contravention committed outside India
by any person if the act or conduct constituting an offence or contravention that involves a computer, computer
system, or computer network located in India.”

This provides prescriptive jurisdiction in India, and any act committed violative of this Act in India by a
resident, or a non-resident will be punishable.

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 3. Study of Hacking, Digital Forgery
Hacking:
Hacking is nothing but identifying weakness in computer systems or networks to exploit it to gain access to
its data and sources. Hacking is an attempt to invade a private/public/ corporation/organisations network via
computer to gather information without permission. In simple words, it is the unauthorised or unconsented
access to or control over the computer network and security systems for some wrong or illicit needs and
purpose. It is the deliberate and intentional access or infiltration of a computer program without valid consent
from its owner.
These include threats through the web, communications, and email, social media scams, data breaches, cloud
and data storage compromises, and critical data breaches. The sole objective of hackers is to steal confidential
data or embezzlement of funds causing business disruptions, etc.

Methods of hacking-
 Phishing – This simply means duplicating the original website to gain access to the users’ information like
account password, credit card details etc. It is the most common hacking technique in which the hackers
will either send you a fake message with a fake invoice or ask to confirm some personal information or
entice the person with some free stuff.

 Virus attack – By this method of hacking, the hackers release the virus into the files of the website which
can corrupt or destroy the important information stored in our computer if they are downloaded or get inside
our computer system.

 UI redress – In this method, a fake user interface is created by which when the user clicks on it, it redirects
them to another vulnerable website. For instance, if we have to download a song, as soon as we click on the
“download” tab, a new page is redirected which is usually a fake website.

 Cookie theft – Sometimes, the website containing information about the users in the form of cookies is
hacked using special tools. These cookies can be decrypted and read to reveal one’s identity which can be
further used to impersonate the person online. Cookies are generally stored as plain text or in some form of
encryption.

 DNS spoofing – The cache data of a website which the user might have forgotten is used by hackers to
gather information about users. Here, a user is forced to navigate to a fake website disguised to look like a
real one, with the intention of diverting traffic or stealing the credentials of the users.
After discussing the methods of hacking, it is relevant to discuss the legality of hacking in India.

Indian legal provisions for hacking

Section 43 and Section 66 of the Information Technology Act, 2000 cover the civil and criminal offenses of
data theft and hacking respectively.
According to Section 66 of the IT Act, the following are the essentials for an offence to count as hacking:
There should be the malicious intention of the accused to tamper or break into the computer of the other person
and steal or destroy its data or sources.
A wrongful act or damage to the data must be done pursuant to the wrong intention. Also, according to Section
378 of the Indian Penal Code,1860 which relates to “theft” of movable property also applies to theft of any
data online or otherwise with the two most important parts of crime. When a person takes away or steals the

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information in order to move it away from the access of the authorised user, it can be termed as theft under
Section 378 of IPC. If such an act fulfils all the essentials of the theft, the act committed will attract penal
consequences under IPC as well.
Furthermore, laws of torts as well, such as trespass to the person and property, can be applied, as well, since
there is trespass to a computer system which is an intangible property. Therefore, any kind of unauthorised
intrusion in the computer sources governed by a bad intention can come under the purview of criminal trespass
which can make a person liable for the tortious liability as well.

Punishment
Under the Information and Technology Act, According to Section 66, the punishment is imprisonment up to
3 years, or a fine which may extend up to 2 lakh rupees, or both.
According to Section 43, liability is to pay damages by way of compensation to the person affected by the
stealing of the data. Section 66B entails punishment for receiving stolen computer resources or information.
The punishment includes imprisonment for one year or a fine of rupees one lakh or both. The maximum
punishment for theft under Section 378 of the IPC is imprisonment of up to 3 (three) years or a fine or both.

Remedies
As soon as cybercrime i.e., hacking is committed, a person should complain about the same to the cyber cell.
Following are the steps to be followed for reporting hacking in India:

STEP 1: Visit https://cyber crime.gov.in/Accept.aspx

STEP 2: Select ‘Report other cyber crimes’ from the menu.

STEP 3: Choose ‘File a Complaint.’

STEP 4: Read the conditions thoroughly and acknowledge them.

STEP 5: Mobile number needs to be registered along with name and State.

STEP 6: Complete all the relevant details about the offence witnessed.

One can also report the offence anonymously.

Case Law : Kumar v. Whiteley

Facts
The accused, i.e Kumar gained unauthorised access to the Joint Academic Network (JANET) and deleted,
added files, and changed the passwords to deny access to the authorised users which led to a loss of Rs 38,248
to the users.

Verdict
The Additional Chief Metropolitan Magistrate of Chennai sentenced N G Arun Kumar, the accused to undergo
rigorous imprisonment for one year with a fine of Rs 5,000 under Section 420 IPC (cheating) and Section 66
of the IT Act (Computer related Offense).

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Digital Forgery
Digital forgery is falsely altering digital contents such as pictures, images, documents, and music perhaps for
economic gain. It may involve electronic forgery and identity theft.
Forgeries are dangerous because they are frequently difficult to spot as fake. As a result of digital forgeries,
the victims of these activities may suffer financial loss as well as a loss of reputation.

Problems of digital forgery

The originality and validity of financial, legal, and medical documents and data, as well as other high-value
assets, is crucial and imperative. In many circumstances, figuring out the originality and validity of a picture
or data is a difficult and painstaking task.
The victims of these acts may suffer from financial loss and loss of reputation as a consequence of digital
forgery.
Documents under legal laws
Not all documents which are forged are considered to be an offence of forgery. To constitute forgery the false
writing must have a legal efficacy as well as significance. The documents which have a legal repercussion
are-
 Deeds
 Prescriptions
 Wills
 Medical documents
 Government documents
 Stock papers
 Property papers
 Patents

Forgery under Indian Law

The provisions of the IPC in respect to forgery were updated by Section 91 of the Information Technology
(IT) Act to embrace electronic records as well. The Indian Penal Code has been amended to include Section
29A, which defines electronic records.
Section 464 of the IPC was amended by Section 91 of the IT Act to include a false electronic record. Under
Section 464, a person is said to make a false electronic record:
1.Who makes or transmits any electronic record or part of an electronic record dishonestly or fraudulently, or
affixes any digital signature on any electronic record, or makes any mark denoting the authenticity of a digital
signature, with the intent of making it appear that such electronic record or part of an electronic record or
digital signature was made, executed, transmitted, or affixed by or by the authority of a person by whom or
whose affixed .
2.Who, without lawful authority, dishonestly or fraudulently alters an electronic record in any material part
thereof after it has been made, executed, or affixed with a digital signature by himself or by any other person,
whether such person is alive or dead at the time of such alteration, by cancellation or otherwise.
3.Who deceptively or fraudulently causes any person to sign, execute, or alter an electronic record, or to affix
his digital signature to any electronic record, knowing that such person cannot, or that he does not know the
contents of the electronic record or the nature of the alteration, due to insanity or intoxication.
PUNISHMENT FOR FORGERY-
Under Section 465 of the Indian Penal Code, the punishment for the offence of forgery has been prescribed-
1) Imprisonment to the extent of 2 years;
2) Or fine;
3) Or both.

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 4. Study of threat to privacy on internet.

The Internet is a rich source of personal information about potential online consumers. Some of the website
owners track consumer activity online and collect information on personal likes and dislikes. The data
collected in this way is valuable to a web company, as it is not only possible to bring products and services to
the market, but they can also use this data to sell advertising space on their websites. Personal data may be
recorded by government agencies, various service providers, and other organizations, such as insurance
companies, banks, hospitals, schools, credit card companies, telephone service providers, etc. These personal
data can be misused if they fall into the wrong hand.
Internet privacy involves the right or mandate of personal privacy concerning the storing, repurposing,
provision to third parties, and displaying of information pertaining to oneself via the internet.
Modernization, industrialization, and appearance of innovation there have been advancement in the economy
yet addition in a hike in the number of crime percentages and fraudulent activities. This paradigm shift has
brought a lot of ethical and juridical problems such as infringement of the right to privacy. Nowadays in this
techno-tech world, all transactions are done via means of the internet. Personal data has been shared online
which has risen the level of individuals being trapped in the snare of noxious activities. With innovation in
coding, any individual can without much of a stretch hack into accounts to recover individual, essential
information and archives.
The issue of privacy related to the body, cyberspace, identity, etc has existed from the beginning when the
technological revolution had sowed its seed. But this issue got the media coverage and people got to know
about the right to privacy only after the 2017 Judgement.
Justice Dr D.Y Chandrachud in his landmark judgment on K.S Puttuswamy v Union Of India, popularly
known as the Aadhaar case, very well have addressed the challenges to privacy which is dealt in Article 21 of
the Indian Constitution and also the constitutional interpretation of liberty of an individual in the context of
social order. In the Aadhaar project, the government gathered numbers and demographic biometric data which
was sensitive data to let its subject profit offices which individuals thought could be abused effectively with
most recent innovation. In this milestone judgment, Quorum of nine appointed judges of the Supreme Court
pronounced the right to privacy as a major right under part III of the constitution. The Right to privacy of
various groups can be encroached by the use of technology.
Relevant Sections of the IT Act
 Section 43A of the IT Act creates a liability on a body corporate (including a firm, sole proprietorship or
other association of individuals engaged in commercial or professional activities) which possesses, deals or
handles any sensitive personal data or information in a computer resource that it owns, controls or operates
to pay damages by way of compensation, to the person affected if there is any wrongful loss or wrongful
gain to any person caused because of the negligence in implementing and maintaining reasonable security
practices and procedures to protect the information of the person affected.
 Section 72 A of the IT Act mentions that any person (including an intermediary) who, while providing
services under the terms of a lawful contract, has secured access to any material containing personal
information about another person, with the intent of causing or knowing that he is likely to cause wrongful
loss or wrongful gain discloses, without the consent of the person concerned, or in breach of a lawful
contract, such material to any other person, shall be punished with imprisonment for a term which may
extend to three years, or with fine which may extend to five lakh rupees, or with both.

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5. Study about the difference between related rights and copyright
Copyright laws grant authors, artists and other creators protection for their literary and artistic creations,
generally referred to as “works”.
A closely associated field is “related rights” or rights related to copyright that encompass rights similar or
identical to those of copyright, although sometimes more limited and of shorter duration. The beneficiaries of
related rights are: performers (such as actors and musicians) in their performances; producers of phonograms
(for example, compact discs) in their sound recordings; and broadcasting organizations in their radio and
television programs.
Works covered by copyright include, but are not limited to: novels, poems, plays, reference works,
newspapers, advertisements, computer programs, databases, films, musical compositions, choreography,
paintings, drawings, photographs, sculpture, architecture, maps and technical drawings.

Copyright belongs to the author by virtue of the creation of the work. This means that no formalities such as
registration are needed for a work to enjoy copyright protection. (Example: When a writer writes a novel, the
work is already protected and the author has a copyright on it.)
The essence of copyright is that it constitutes a monopoly of the author over the exploitation of their work. As
such, copyright guarantees the author:

• respect for their moral interests and

• respect for the economic benefits of the exploitation of their work.

Types of copyright works, for example, are the following:

• spoken works such as speeches, sermons and lectures;
• written works such as belletrist works, articles, manuals, studies and computer programs;
• musical works with or without words;
• theatrical or theatrical and musical works and puppetry works;
• choreographic works and works of pantomime;
• photographic works and works produced by a process similar to photography;
• audio-visual works;
• works of fine art such as paintings, graphic works and sculptures;
• works of architecture such as sketches, plans, and built structures in the fields of architecture, urban
planning and landscape architecture;
• works of applied art and industrial design;
• cartographic works;
• presentations of a scientific, educational or technical nature (technical drawings, plans, sketches,
tables, expert opinions, three-dimensional representations and other works of a similar nature).
This is an open list of more or less typical examples of copyright works, all of which must meet the
conditions listed above. It is also important to remember that the quality or artistic value of a work is
irrelevant when assessing whether it is a copyright work or not.

Copyright protection is not afforded to:

• ideas, principles or discoveries;
• official legislative, administrative or judicial texts;
• folk literary and artistic creations.

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Related Rights
Related rights are the rights related to copyright, that have their special subject matter of protection, which is
mainly related to copyright works. These rights are called the rights related to copyright or simply related
rights, or the rights neighbouring to copyright or simply neighbouring rights.
Pursuant to the Copyright and Related Rights Act, related rights are:
1. right of performers in their performances;
2. right of producers of phonograms in their phonograms;
3. right of audio-visual producers in their videograms;
4. right of broadcasting organisations in their programme signals;
5. right of publishers of press publications in their press publications;
6. right of producers of non-original databases in their non-original databases;
7. right of publishers in their written editions.

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6. Study of Privacy and Data Protection on Internet.

Data protection is of utmost importance to the Indian judiciary and can only be enhanced for legitimate reasons
such as national protection and public interest.
The terms data protection and data privacy are often used interchangeably, but there is an important difference
between the two. Data privacy defines who has access to data, while data protection provides tools and policies
to actually restrict access to the data. Compliance regulations help ensure that user’s privacy requests are
carried out by companies, and companies are responsible to take measures to protect private user data.
By protecting data, companies can prevent data breaches, damage to reputation, and can better meet regulatory
requirements. Data protection solutions rely on technologies such as data loss prevention (DLP), storage with
built-in data protection, firewalls, encryption, and endpoint protection.
Data protection is a set of strategies and processes you can use to secure the privacy, availability, and integrity
of your data. It is sometimes also called data security.
A data protection strategy is vital for any organization that collects, handles, or stores sensitive data. A
successful strategy can help prevent data loss, theft, or corruption and can help minimize damage caused in
the event of a breach or disaster.
Data protection principles help protect data and make it available under any circumstances. It covers
operational data backup and business continuity/disaster recovery (BCDR) and involves implementing aspects
of data management and data availability.

Key data management aspects relevant to data protection:

Data availability—ensuring users can access and use the data required to perform business even when this
data is lost or damaged.
Data lifecycle management—involves automating the transmission of critical data to offline and online
storage.
Information lifecycle management—involves the valuation, cataloging, and protection of information assets
from various sources, including facility outages and disruptions, application and user errors, machine failure,
and malware and virus attacks.

Data Protection vs Data Privacy

1. Data privacy is focused on defining who has access to data while data protection focuses on applying those
restrictions. Data privacy defines the policies that data protection tools and processes employ.

Creating data privacy guidelines does not ensure that unauthorized users don’t have access. Likewise, you can
restrict access with data protections while still leaving sensitive data vulnerable. Both are needed to ensure
that data remains secure.

2. Another important distinction between privacy and protection is who is typically in control. For privacy,
users can often control how much of their data is shared and with whom. For protection, it is up to the
companies handling data to ensure that it remains private.

Data Protection Technologies and Practices to Protect Your Data

1.Data discovery—a first step in data protection, this involves discovering which data sets exist in the
organization, which of them are business critical and which contains sensitive data that might be subject to
compliance regulations.

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2.Data loss prevention (DLP)—a set of strategies and tools that you can use to prevent data from being
stolen, lost, or accidentally deleted. Data loss prevention solutions often include several tools to protect against
and recover from data loss.

3.Storage with built-in data protection—modern storage equipment provides built-in disk clustering and
redundancy.

4.Backup—creates copies of data and stores them separately, making it possible to restore the data later in
case of loss or modification. Backups are a critical strategy for ensuring business continuity when original
data is lost, destroyed, or damaged, either accidentally or maliciously. Learn more in our guide to data
availability.

5.Snapshots—a snapshot is similar to a backup, but it is a complete image of a protected system, including
data and system files. A snapshot can be used to restore an entire system to a specific point in time.

6.Replication—a technique for copying data on an ongoing basis from a protected system to another
location. This provides a living, up-to-date copy of the data, allowing not only recovery but also immediate
failover to the copy if the primary system goes down.

7.Firewalls—utilities that enable you to monitor and filter network traffic. You can use firewalls to ensure
that only authorized users are allowed to access or transfer data.

8.Authentication and authorization—controls that help you verify credentials and assure that user
privileges are applied correctly. These measures are typically used as part of an identity and access
management (IAM) solution and in combination with role-based access controls (RBAC).

9.Encryption—alters data content according to an algorithm that can only be reversed with the right
encryption key. Encryption protects your data from unauthorized access even if data is stolen by making it
unreadable.

10.Endpoint protection—protects gateways to your network, including ports, routers, and connected
devices. Endpoint protection software typically enables you to monitor your network perimeter and to filter
traffic as needed.

11.Data erasure—limits liability by deleting data that is no longer needed. This can be done after data is
processed and analyzed or periodically when data is no longer relevant. Erasing unnecessary data is a
requirement of many compliance regulations, such as GDPR. For more information about GDPR, check out
our guide: GDPR Data Protection.

12.Disaster recovery—a set of practices and technologies that determine how an organization deals with a
disaster, such as a cyber-attack, natural disaster, or large-scale equipment failure. The disaster recovery process
typically involves setting up a remote disaster recovery site with copies of protected systems, and switching
operations to those systems in case of disaster.

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7. Study about registration process of trademark.
A trademark is a visual representation of a name, word, label, device or numeric characters utilized by a
business to differentiate its goods and/ or services from other similar goods and/ or services deriving from a
different business. A trademark works as an exclusive identity of the goods and/ or services that a person is
offering/ selling from other such goods/ services.

Benefits of a Trademark registration

The greatest benefit to having a registered trademark is to be able to safeguard one’s brand as well as the
business by instrumenting to the compassion of one’s business. In addition to this, having a strong brand can
act as a direct link between the customer and the product by making sure they are reliable and associated to
the business for a lasting period of time.

There are many other benefits, for instance,

 A trademark registration gives credibility to the source of the good and service.
 A registered trademark guarantees quality good and service
 A registered trademark assists in the advertisement of goods as well as services.

Significance of a Trademark registration

 A TM provides exclusive identity
Ever since the market place has got crowded with numerous companies and brands, it has become close to
impossible to differentiate among them. Therefore, the only demarcation between companies for
exclusivity to attract customers to be able to stand out is by getting an exclusive trademark registered for
one’s brand and consequently build the business’ prestige over it.
 A TM is never- ending
Registration of trademarks come with a validity of 10 long years, which can further be renewed very easily
after every 10 years before expiration and therefore, a trademark can last as long as the business is alive
or even longer!
 A TM works as a shield
For every entrepreneur, it is fundamental to make sure that his/ her brand is safeguarded against
competition. Now, in case the trademark that the individual has been working to build already has a
registered trademark by someone else, then not only does that individual lose business and goodwill in the
market but also loses the privilege to prohibit others from using the same trademark. Therefore, shielding
the trademark shall safeguard the trademark/ business, which further assists the individual by preventing
others from using similar trademark.
 A TM is economical
The cost of a trademark registration is only a one- time cost. Additionally, the time period and procedure
of a trademark registration has also been reduced satisfactorily. A trademark registration now takes about
6 months to 1 year to process.
Moreover, once the trademark is registered, the same is valid for a time period of 10 years which can be
easily renewed every 10 years before expiry of the trademark.
 A TM is an asset
A registered trademark is an absolute asset for the business/ brand/ company which directly brings home
goodwill. As a result, the desirability of a trademark thrives with the growth of the business. In fact, a
registered trademark can be sold, transferred or purchased or even be utilized as a security to obtain a loan,
which is similar to any of the other tangible assets.

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Step by step procedure to register a trademark
The process to get a trademark registered involves filing of the trademark registration application, examination
of the trademark, publication or advertisement of the trademark, opposition (objections) if raised/ found,
registration of the trademark and renewal of the trademark after every 10 years.
The procedure to register a trademark is simple, however, it is recommended to employ/ get assistance from
an expert trademark lawyer for the registration procedure to make it easier and dependable.

Step 1: To search for a trademark

The applicant must be careful while choosing his/ her trademark. Since there are already tons of different
types of trademarks available, once a trademark is chosen, it is essential to carry out a public search on the
trademarks database which is available with the Trade Marks Registry, to ensure that the trademark is unique
and that there is no other trademark which is either similar or identical to his/ her trademark.
The trademark search discloses all the types of trademarks that are already available in the market, either
registered or unregistered. The search further tells whether the applied trademark has a competition for the
same trademark.

Step 2: To file the trademark application

The application for registration of the trademark can either be filed in a single- class or a multi- class, totally
depending on the goods and services the business pertains to.
The registration application form is Form TM- A, which can be either filed online through the official IP India
website or physically at the Trade Marks Office depending on the jurisdiction of the trademark.
The application for trademark registration has to be supported with multiple documents, furnishing complete
details of the trademark for which the registration is sought. Moreover, in case the applicant is claiming prior
use in the trademark, then a user affidavit has to be filed, supporting the usage along with the evidence of its
prior usage.

Step 3: Examination of the trademark application by the government authority

Post the filing of the trademark application, a mandatory examination report is issued by the Examiner after
an extensive examination of the trademark application, in consonance with the guidelines of the Trade Marks
Act, 2016.
The examination report by the authority may or may not disclose some objections which can either be absolute,
relative or procedural. This examination report by the Trademark Authority is issued within a period of 30
days of having filed the registration application.
A reply to the examination report is required to be filed within a period of 30 days after receiving the report,
asserting the arguments and evidence against any objections to waive them off.

Step 4: Post- examination

After the filing of the reply to the examination report, the Examiner (Trademark Authority) may appoint a
hearing if the Examiner is not entirely satisfied by the reply filed, or in case the objections are not met. After
the said hearing, the Examiner may accept the mark and subsequently forward the application for publication
in the journal, or reject the said application if any objection still persists.

Step 5: Advertisement of the trademark

Once the registration application has been accepted, the said trademark is advertised and also published in the
Trade Marks Journal for a period of 4 months. The aim behind the publication and advertisement is to invite
the general public to file an opposition against the registration of the mark.
The Trade Marks Journal is available on the official Registry website, which gets updated every Monday of
the week.

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Step 6: Opposition from the general public
Post the advertisement and publication of the trademark in the journal, any aggrieved person can file a notice
to oppose against the registration of the advertised/ published trademark. This notice to oppose the trademark
has to be filed vide Form TM- O within 4 months of the mark’s publication in the Trademark Journal. In case
the applied for trademark is opposed/ objected, then the due process of law has to be followed, which includes
filing the counter- statement application, evidence as well as hearing in order to get the trademark registered.

Step 7: Registration of the trademark

The final step towards the entire procedure is registration, where the application proceeds to registration after
conquering the objection and/ or the opposition against the said registration of trademark.
Besides this, in case there has been no objection against the registration of the trademark during the
advertisement/ publication period of 4 months, then the trademark is issued an auto- generated registration
certificate within 1 week. Once the registration is complete, it is valid for a period of 10 years, after which it
would be required to be renewed within a prescribed time period.

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8. Study about different kind of signs can be used as trademarks.
The three symbols that can be used are the circled R (®), the little capital letters TM (™), and the little capital
letters SM (℠).

1.Registered trademark symbol

The registered trademark symbol (®) denotes that the good in question is registered in that country. This offers
the highest level of protection that a registered trademark receives. It lets people know that this is a trusted,
registered product and can discourage competitors from infringing on the asset you have registered. In the
simplest form, it functions as a green light for consumers who know they can trust that it’s the product they’re
looking for and serves as a red light for competitors looking to capitalize off of your brand through
infringement.

2.Trademark symbol
A trademark symbol (™), is a mark that represents goods, like clothing or sunglasses. This symbol indicates
that you are claiming rights within that mark and will potentially deter others from using it. Additionally, the
TM symbol can provide common law trademark rights to the user. This is the symbol you should use while
you are waiting for your application to be reviewed by the USPTO to obtain a federal registration.

3.Service mark symbol

Trademark symbol SM stands for service mark. Service marks are marks that represent services as opposed
to goods.

When to Use Each Symbol?

Registered Trademark (®) – after registration is approved

One is not allowed to use the circled R before he receives the registration. If you apply for the trademark and
then begin using the circled R, it can be grounds for the government to deny the trademark application, because
using that circled R is actually a violation of federal law unless you own the trademark registration.

Trademark (™) – when claiming rights to a good without a registration

The ™ symbol is to be used when claiming rights to a good without a trademark registration. It can offer
common law trademark rights to the user of the symbol and is the correct symbol to use in the interim while
waiting for your registered trademark application to be approved.

Service Mark (℠) – when claiming rights to a service without a registration

The ℠ symbol is to be used when claiming rights to a service without a trademark registration. The use of this
mark is similar to that of the ™ except that it is used when claiming a service as your own. This is also a
symbol to be used while waiting for your registered trademark application to be approved.

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9. Study of Copyright, Related Rights and Trademarks
Copyright
Copyright is a form of intellectual property protection granted under Indian law to the creators of original
works of authorship such as literary works, dramatic, musical and artistic works, cinematographic films and
sound recordings.
Copyright law protects expressions of ideas rather than the ideas themselves. Copyright belongs to the author
by virtue of the creation of the work. This means that no formalities such as registration are needed for a work
to enjoy copyright protection. (Example: When a writer writes a novel, the work is already protected and the
author has a copyright on it) .The essence of copyright is that it constitutes a monopoly of the author over the
exploitation of their work. As such, copyright guarantees the author:
• respect for their moral interests and
• respect for the economic benefits of the exploitation of their work.

Types of copyright works, for example, are the following:

• spoken works such as speeches, sermons and lectures;
• written works such as belletrist works, articles, manuals, studies and computer programs;
• musical works with or without words;
• theatrical or theatrical and musical works and puppetry works;
• choreographic works and works of pantomime;
• photographic works and works produced by a process similar to photography;
• audio-visual works;
• works of fine art such as paintings, graphic works and sculptures;
• works of architecture such as sketches, plans, and built structures in the fields of architecture, urban
planning and landscape architecture;
• works of applied art and industrial design;
• cartographic works;
• presentations of a scientific, educational or technical nature (technical drawings, plans, sketches,
tables, expert opinions, three-dimensional representations and other works of a similar nature).
This is an open list of more or less typical examples of copyright works, all of which must meet the conditions
listed above. It is also important to remember that the quality or artistic value of a work is irrelevant when
assessing whether it is a copyright work or not.
Copyright protection is not afforded to:
• ideas, principles or discoveries;
• official legislative, administrative or judicial texts;
• folk literary and artistic creations.

Related Rights
Related rights are the rights related to copyright, that have their special subject matter of protection, which is
mainly related to copyright works. These rights are called the rights related to copyright or simply related
rights, or the rights neighbouring to copyright or simply neighbouring rights.
Pursuant to the Copyright and Related Rights Act, related rights are:
1. right of performers in their performances;
2. right of producers of phonograms in their phonograms;
3. right of audio-visual producers in their videograms;
4. right of broadcasting organisations in their programme signals;
5. right of publishers of press publications in their press publications;

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6. right of producers of non-original databases in their non-original databases;
7. right of publishers in their written editions.

Trademark
A trademark is a word or symbol, or combination thereof used by manufacturer or vendor in connection with
a product or service. A trademark is any sign that individualizes the goods of a given enterprise and
distinguishes them from goods of its competitors.
A trademark is used to identify goods made by specific producer. Trademarks can also take the forms of
phrases, words, or symbols. Distinctive sounds, scents, or even shapes and colors can also be registered as
trademarks.

Types of Trademarks:
Trademarks can be classified into 4 types:
Trademark –It is a mark which includes any word, name, symbol, or any combination which is used in
commerce to identify and differentiate the products of a manufacturer from products of others. In short,
Trademark is a brand name.
Service Mark –It is a mark which includes any word, name, symbol, or any combination which is used in
commerce to identify and differentiate the services provided by one provider from services provided by others.
It is used in service business.
Certification Mark –It is a mark which includes any word, name, symbol, or any combination which is
used in commerce by other persons with owner’s consent and certifies them regional, material, mode of
manufacture, or other characteristics of owner’s goods .
Collective Mark –It is a mark which includes any word, name, symbol, or any combination which is used
in commerce by members of an association or group or organization.

Advantages of Trademarks:
The advantages of Trademarks are as follow:

 It provides additional revenue stream to the owner’s through licensing.

 It provides increased customer recognition to the brands.
 It provides legal protection to the company using a particular trademark.
 It promotes the goodwill of the brand.
It encourages participation from other brands through co-branding, brand extension.

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10. Study of Self-regulation approach to privacy.

Industry self-regulation has operated as the main mechanism for protecting privacy on the Internet. During
this time, hundreds of profitable businesses rapidly grew by using new methods and technologies. These firms
then created many of the benefits currently enjoyed today. This e-commerce explosion flourished because
companies, both new and established, could efficiently implement innovations under the flexible principles
provided by self-regulation.
Self-regulation works by placing decision-making power on those closest to the technology and business
methods. This protects future opportunities better than other approaches because those with actual experience
are more likely to know what innovations are possible. Empowering those closest to technology also creates
standards which can respond more quickly to innovation because people with field experience generally have
a better understanding of what has changed.
While self-regulation seems well-equipped to preserve economic benefits and open doors to future innovation,
the question remains as to whether it can sufficiently protect personal privacy. On one hand, companies seem
to have a strong incentive to protect personal privacy. Even the implication that a business sells the personal
data it collects from customers could tarnish its goodwill. In fact, "business consulting firms now routinely
encourage the adoption and promotion of privacy policies as a way to present a positive client image. Others
claim that self-regulation works because it has already resolved several privacy problems. For example, in
1999, IBM and others influenced many in the industry to publish privacy statements. Since then, self-
regulation caused several firms to change their behavioural advertising plans and drove others out of the
market after public outcries over privacy invasions.

The most common approach to privacy regulation is privacy self-management. This approach provides people
with various rights to help them exercise greater control over their personal data. Some of these rights include:
 right to notice about practices regarding personal data
 right to access personal data
 right to correct errors in personal data
 right to deletion of personal data
 right to data portability
 right to opt in (or opt out)
 right to object to data processing (and stop it)
 right to request information about data collection and transfer
Privacy self-management means that people manage their own privacy by reading privacy notices and finding
out about the data being collected about them and how it is being used. Then, after informing themselves
about this knowledge, people can choose how to control the collection and use of their personal data – they
can request that processing be stopped, that data be deleted, that they be opted out of the sale of their data, and
so on.

Privacy self-management, although laudable, is fraught with challenges. People often don’t know enough to
make meaningful choices about privacy. People don’t understand the risks of allowing their data to be used
and shared in certain ways. Moreover, privacy self-management doesn’t scale very easily. Managing privacy
might work for a handful of sites, but people do business with hundreds – even thousands – of sites. People
will have to spend a ton of time learning about how all these companies collect and use their data and will
really struggle in making the appropriate risk decisions about how to respond to what they learn.

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11. Study of intellectual property right (IPR) in India.
Intellectual Property Rights originated during the Renaissance in Italy in the 13th century. With their
implementation, an individual was able to protect and earn money from their invention. Soon, this system of
patents and copyrights spread across Europe. By the 19th century, it became widely recognized across
industrialized countries that allowing the inventor ownership of literary, artistic, creative or scientific works
stimulated further innovation. The result was a massive economic growth, in which intellectual property rights
played an important role.

The World Intellectual Property Organization classifies the following to be protected as intellectual property
rights:

 Trademarks including service marks, designations and commercial names

 Inventions
 Industrial designs
 Original creations in industrial, artistic, scientific or literary fields. These include discoveries, works,
musical compositions, and performances.
Further, the Agreement on Trade Related Intellectual Property Rights (TRIPS) was negotiated by the World
Trade Organization and was implemented with effect from January 1, 1995. It is the most comprehensive and
exhaustive agreement of its kind till date. Most countries of the world are signatories to this agreement.

TRIPS Agreement protects the following areas:

 Trademarks and service marks

 Industrial designs
 Copyrights and similar rights
 Geographical indications which specify the origin
 Trade secrets
 Design layout of assimilated circuits
 Test data
 Patents including protection of new plant varieties

IPR India
India is a TRIPS Agreement compliant country. In recent decades, a number of laws have been passed or
amended to bring them on par with world protections. Some of these laws are:

 Patents Act, 1970

 Indian Trademarks Act, 1999
 Indian Copyright Act, 1957
 New Designs Act, 2000
 Geographical Indications of Goods (Registration & Protection) Act, 1999
 Protection of Layouts for Integrated Circuits Act, 2000
 Protection of Plant Varieties and Farmers Rights Act, 2001
 Biodiversity Act, 2002
The intellectual property rights in India which are protected under these laws:

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Patents
After three separate amendments - the latest in 2005 - this law offers international level protection. Some of
the latest inventions protected under its ambit are those related to the pharmaceutical, chemical, and food
industries.

Trademarks
Although an Act in this regard existed from 1958, a new Act was passed in 1999 to make it TRIPS-compliant.
Today, Indian trademark registrations enjoy the full protection of Indian law.

Copyrights
The existing Act was amended several times, the last being in the year 2000. Today, it protects communication
channels of telecasting and broadcasting as well as emerging software.

Designs
This piece of legislation is fulfilling its purpose on a global scale. It conforms to international trends in design
administration and commercial and technical details.

Geographical Indications
India's biological diversity has allowed it to enjoy some of the rarest biological resources in the world. The
Geographical Indications of Goods (Registration & Protection) Act, 1999 was implemented in 2003. It
mandatorily requires the source of biological material employed in the invention to be disclosed.

Plant Varieties
To protect and sustain the most crucial economic sector i.e. agriculture, the Protection of Plant Varieties and
Farmers Act, 2001 was enacted. It promotes the development of new varieties as well as conservation of
existing ones. Till date, 114 crops and their variants have been registered for protection. The initiative has also
allowed for availability of better seed quality for farmers.

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12. Study about impact of the patent system
The impact of the patent system are derived from its roles in promoting innovation, and encouraging
investment, economic growth, knowledge sharing and the efficient use of resources. These aspects of the
patent system are briefly discussed below.
Promoting innovation
1. Innovation benefits the community by creating new and improved goods and services that meet social needs.
For example, innovations in medical research may produce new diagnostic tests or treatments, which improve
community health.
2. Patents promote innovation through the grant of limited monopolies, as a reward to inventors for the time,
effort and ingenuity invested in creating new products and processes. The potential for financial returns adds
an incentive to the traditional rewards of scientific innovation, such as academic recognition and promotion
within research institutions. Without the incentive provided by patents, private investors may be reluctant to
invest, resulting in greater calls on government funding or a failure to develop and exploit new technology.
3. The role of patents as an incentive for innovation and investment in research was widely acknowledged in
submissions, including by research and healthcare organisations.
Investment and economic growth
1.Possessing a patent may help a company to grow by capitalising on the market potential of its inventions.
Small companies may use patents to attract financial backing. In addition, patents stimulate the growth of
national industry because local companies that hold patents can attract overseas investment and develop
products for export. Profits generated by patent exploitation can be invested in further research and
development, which may stimulate commercial and industrial growth.
2. Patents also benefit companies by providing a system for trading knowledge internationally through licence
agreements. The grant of licences to international companies to exploit locally developed inventions provides
returns to inventors and access to foreign markets. The grant of licences to Australian companies to
manufacture inventions developed overseas can improve the skill and know-how within the Australian
community.
3. However, patents may have adverse economic effects. Licence fees may drive up the price of goods and
services that utilise the patented invention. There are also transaction costs associated with seeking the grant
of a patent and enforcing patent rights. Fees must be paid before a patent application will be examined or
granted, and to maintain patent rights once granted. Asserting patent rights, or challenging those of a
competitor, may be costly and difficult for small and medium-sized enterprises because claims of infringement
may need to be pursued through the courts.
4. Patents may also have adverse effects on the balance of payments, especially for countries, which are net
importers of intellectual property. This is because expenditure on licence fees or royalties for the use of patents
owned by foreign entities may exceed the income earned from the use, by foreign entities, of local inventions.
Resource use and knowledge sharing
1. Patents promote knowledge sharing by requiring the details of the patented invention to be placed in the
public domain in return for the exclusive right to exploit the invention. In the absence of this exchange,
inventors might protect the details of new inventions through secrecy. The disclosure requirements of the
patent system are based on the idea that ‘scientific and technical openness benefits the progress of society
more than do confidentiality and secrecy’.
2. By encouraging knowledge sharing, patents reduce the duplication of research effort and encourage
researchers to build on existing inventions. Researchers may study a patented product and find ways to
improve upon it. Access to patented inventions may also facilitate research that would not otherwise be
possible. For example, access to a patented research tool may enable vital research into the causes of a genetic
disorder and lead to the creation of a genetic test or treatment. This research may not have occurred if the tool

23
had remained secret. Due to the cumulative nature of much genetic research, knowledge sharing may be
particularly important in this context.
3. However, patents may also inhibit research by discouraging knowledge sharing prior to filing for patent
protection. The results of new research may be withheld until an inventor is in a position to apply for a patent
and the invention is sufficiently well developed to ensure that the patent will be granted.

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13. Study for Granting of patent
Procedure for grant of patent in India:
The procedure for a patent grant in India starts after the patentability search which determines the novelty of
the invention. However, if the invention is patentable, one has to draft a patent application that includes the
description of the invention. After drafting a patent application, the procedure for a patent grant starts by filing
the patent application. The step by step process for obtaining a patent grant is as follows:
Patent filing application:
The first step in the procedure for a patent grant is filing the patent application. Also, a patent application must
contain specifications of the invention and other relevant details of the invention. One can file both a
provisional and a complete application for their invention to get a grant of patent in India. A provisional
application need only contain a description of the invention. A complete application requires full details
including claims related to the invention
Publication of the application:
After filing, every application goes to the Indian patent office. Also, the Indian patent office publishes the
patent application in the official patent journal. Moreover, the patent application comes in the public domain
after the patent office publishes it. Indian patent office publishes the patent application after 18 months of the
filing date. However, if one requests, he can get an early publication within one month of the request. The date
of the publication is important as the rights of the invention starts from the date of publication.
Examination of the application:
The next step in the procedure is the examination of the patent application. The examination process, unlike
publication, does not happen automatically by way of filing of the Indian patent application. The applicant has
to specifically make a request for examining their patent application. The patent application will not move
ahead to the examination cell if a request pertaining to it is not made. The examination takes place to determine
whether the invention meets the statutory requirements for patentability or not. After the request of the
examination, it will eventually land up on the desk of the examiner. The examiner then examines the
application taking into account the prior art information of the invention.
Objection by the examiner:
After an examination of the report, there is a possibility of an examiner raising the objections. During the
examination, the examiner scrutinizes the application in accordance with the patent act. Based on the review
of the application, the examiner will issue an examination report to the applicant. Also, the first such
examination report is known as First Examination Report (FER). The examiner will state all the objections
pertaining to the patent application.
Office Action Response:
Once examiner issues the First Examination Report, the applicant has to successfully overcome the objections
to receive a patent grant. The whole process may involve responding to examination reports, appearing for
hearing, etc. Also, the total duration given to respond is 6 months from the issuing date of FER. This 6-month
duration can be extended for a period of another 3 months by filing a request to the IPO.
Patent Grant:
This is the final step in getting a grant of patent in India. Once the patent application overcomes all the
objections of the examiner, the patent office will grant a patent to the applicant. After getting the patent, the
IPO publishes it in the patent gazette. It is the online patent application database where publication of all the
patent applications takes place.

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14. Study related to Rights of Patents
Patent rights are a set of intellectual property and financial rights that the government grants to inventors for
a certain period of time when a patent is filed to protect against patent infringement. It gives the patent owner
the right to keep others from producing, selling, importing, or using that invention.
In India, the Patent law identifies the exclusive Rights and Obligations of Patentee to gain certain commercial
advantages out of the invention invented by him/her. Such Rights and Obligations of Patentee are provided to
boost the inventor to invest in the new innovative offices, and should also realize that the developments done
by them will be ensured and protected by the law and hence no other person has the capacity to make a
duplicate of their inventions or creations.
Such protection is provided for a certain time period (for the most part, 20 years) amongst which the inventor
will have certain selective Rights and Obligations of Patentee as per the Patent Act, 1970. When a patent
comes in all reality, certain exploitative Rights and Obligations of Patentee are presented as an incentive for
the revelation of the creation or invention of the Patentee to people at large.
These controlling Rights and Obligations of Patentee are, generally, for a time period of 20 years and are also
assignable, thus enabling the Patentee of the Patent to get a license for the invention and maximize the profit
associated with such an invention.
A registered Patent should confer the following exclusive Rights on its owner:
1.where the Patent’s subject matter is a product, to prevent any third parties, which is also not having the
consent of the owner, from the following acts of using, making, offering for selling, sale, or importing for
these purposes such product of the owner;
2.where the Patent’s subject matter is a process, to prevent any third parties, which is also not having the
consent of the owner, from the following acts of using, making, offering for selling, sale, or importing for
these purposes at least the product that is obtained directly by such a process.
The Rights of Patentee as per the Patent Act, 1970
A grant of Patent in India gives the Patentee the exclusive model to utilize or make the patented invention or
utilize the patented procedure related to the invention. Certain Rights and Obligations of Patentee are
enshrined under the Patent Act, 1970.
Right to exploit the Patent
When the new invention is a product, the Patentee has the exclusive rights to use, make, import, or sell for
these purposes related to an invention in India. On the other hand, when the invention of the inventor is a
procedure or process of manufacturing of any article or substance, the right to exploit means the exclusive
right exercise or use the procedure or method in the territory of India.
Right to Grant License
The Patentee of a Patent is given the right to grant license or transfer rights or enter into some arrangement
for some consideration. The assignment or license to be valid and legitimate it is required to be in writing and
should be registered with the Controller of Patent. Unless a document of assignment of a Patent is not
registered, it is not admitted as evidence of title of the Patent, and such a rule is applicable to the assignee, not
the assignor. (As per Section 69(5) of the Patent Act, 1970)
Right to Surrender
By giving notice in the prescribed manner, the Patentee of a Patent has the right to surrender a Patent at any
time and at his/her own discretion. The advertisement for such an offer of surrender is required to be done in
the Journal. The publication is done to give an opportunity to the people to oppose the offer of surrender of
the Patentee. This is done when the Patentee apprehends his/her non-performance of the Patent in the future
and upon which he/she decides to surrender the Patent.
Right to sue for Infringement
The Patentee has the right to sue for Infringement of Patent in District Court has the jurisdiction to try the suit.

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Right to Use and Enjoy Patent
The Patentee of the Patent has the exclusive right to exercise, make, utilize, convey or offer or the patented
substance or article in India or to practice or utilize or the process or techniques associated with the invention.
Such rights can be exercised either by the Patentee himself/herself or by his/her licensees or agents.

27
15. Discussion with reference to authentication of Electronic Record
using Digital Signatures
Digital Signatures is used to validate electronic records. Digital Signatures authentication has been as per the
procedure in Section 3 of IT ACT,2000.
Authentication is a process to confirm the identity of a person or to prove the integrity of the information.
Subject to section 3, any subscriber may authenticate an electronic record by affixing its digital signatures.
The authentication shall be affected by the use of asymmetric crypto and hash function which envelop and
transform the initial electronic record into another electronic record.
Asymmetric crypto system-It is a system of secure key price consisting of private for creating digital
signature and a public key to verify the digital signatures.

Hash Function-Hash function means an algorithm mapping or translation of one sequence of bits into another,
generally smaller, set known as “Hash Result” such that an electronic record yields the same hash result every
time the algorithm is executed with the same electronic record as its input making it computationally
infeasible.
(a) to derive or reconstruct the original electronic record from the hash result produced by the algorithm;

(b) that two electronic records can produce the same hash result using the algorithm.
(3) Any person by the use of a public key of the subscriber can verify the electronic record.

(4) The private key and the public key are unique to the subscriber and constitute a functioning key pair.
Verification- Any person with the use of public key of the subscriber can verify the electronic record. The
private and public key are unique to the subscriber and constitute a functioning key pair.

In case of electronic transmission of legal or business documents, it is necessary to ensure that they are
authentic. Section 3 provides the authentication of electronic records is to be affected by the use of
Asymmetric crypto system.
An encryption software program takes the normal readable text and scrambles the unreadable coded text or
“cipher text”. The recipient the uses another software program (decryption program) to decrypt such ciphertext
back into normal plain text. Anyone who intercepts the message will, therefore, not be able to read or tamper
or read with the message unless he has the key.
In asymmetric crypto system, each person will have two corresponding and matched keys, one called the
private key kept secure with such person and another called the public key which the person shares with other
through CA or special databases. These two keys public key and private key are used to encrypt and decrypt
the message respectively.
Digital signature process involves the following steps-

1) To obtain digital signature, apply in prescribed form to the certifying Authority (CA) together with the
relevant documents.
2) On approval by CA, it issues a digital certificate and also provides a ‘private key’ and a ‘public key’ to the
applicant.
On receiving a digital certificate, the holder can use his distinct keys for the transmission of data or other
purposes.
3) The sender prepares the message and applies ‘hash function’. This ‘hash function is also called the
‘message digest’.

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4) The sender encrypts this ‘message digest’ further using his own ‘private key’ and attaches his digital
signature to the message. Therefore, he sends the digital signature and the encrypted message or
unencrypted message to the recipient electronically.
5) The recipient uses the sender’s ‘public key’ to verify the sender’s digital signature.

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