Module 3: Intellectual Property Issues and Cyberspace

Thomas Jefferson view of invention or creation cannot be a

subject matter of property was rarely acknowledged in the civilized
world and US Constitution itself made a provision to empower the
inventors and creators by conferring exclusive rights on them.
Intellectual Property (IP) can be loosely defined as creations of
human mind. The impetus for the development of intellectual
property law, at its inception, was to ensure that sufficient
incentives exist to lead to innovation and the creation of new and
original works and products.
The physical world has been relatively successful at erecting
barriers to prevent acts that would limit this innovation, in the
form of copyright, trademark and patent regulations.
 This enabled Intellectual Property Rights (IPR) owners to use or
disclose their creations without fear of loss of control over their
use, thus helping their dissemination.
It is generally assumed that IPR help encourage creative and
inventive activity and make for orderly marketing of proprietary
goods and services.
 But with the advent of internet, copying has become so simple
and easy that rampant violation of intellectual property is taking
place affecting the rights of IPR owners.
 Introduction
When intellectual property laws were first drafted, computer
technology did not exist.
At that time, it was not foreseen that it would be necessary to
protect information stored by digital means, nor was it foreseen that
information would become such a sought after commodity.
The Internet, Software, Business methods for e-commerce
applications & electronic databases are relatively new territories
where innovators have created an environment in which information
exists in plentiful quantities and available to many people.
Human rights and intellectual property, two bodies of law that
were once strangers, are now becoming increasingly intimate
bedfellows.
 For decades the two subjects developed in virtual isolation from
each other.
But in the last few years, an explosion of international standard
setting activities that beginning to map previously uncharted
intersections between intellectual property law on the one hand and
human rights law on the other.
Human rights concerns have been asserted in a number of
contexts as counterweights to the expansion of intellectual
property rights.
 Human rights issues are relevant in a range of issues that
intersect with intellectual property protection, including: freedom
of expression; public health; education and literacy; privacy;
agriculture; technology transfer; rights of indigenous peoples.
 At the same time, creators of intellectual property are asserting
human rights bases for the protection and expansion of
intellectual property rights.
What distinguishes digital media from conventional media are
six characteristics that will make it difficult for existing categories
of intellectual property law to adjust to the protection of works in
digital form. They are
1) the ease with which works in digital form can be replicated.
2) the ease with which they can be transmitted.
3) the ease with which they can be modified and manipulated.
4) the equivalence of works in digital form.
5) the compactness of works in digital form and
6) the capacity they have for creating new methods of searching
digital space and linking works together.
 Copyright law & Cyberspace
Copyright infringement in cyberspace is a form of Intellectual
Property Theft, which can lead to significant security issues 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.
A copyright is an intellectual property right granted by a
government that gives the owner exclusive right to use, with some
limited exceptions, original expressive work.
Examples of materials entitled to copyright protection include
original works of fiction, non-fiction, music, architectural design,
artistic paintings, and sculptures. Copyright law in the United
States is governed by the Copyright Act of 1976.
 Conceptual Framework

In order to receive copyright protection, a piece of work must meet

the following requirements:
Original expression: The work must a unique expression of
thought or idea that is not already published in the public domain.
Basically, the work must be significantly new and different from
other works.
For example, you cannot rip the title page off of a Harry Potter
book, rename it Harold Zotter and claim a copyright over the
material.
You also should note that you cannot copyright an idea, just the
expression of an idea.
For example, you can't copyright the idea of superstring theory, but
you can have a copyright on your essay explaining superstring theory.
Reduced to Tangible Form: You must reduce your work into a tangible
form (a physical form), such as printing your novel or writing music onto
sheet paper or putting it in an audio recording.

If you hold a copyright over a piece of work, your exclusive rights

include:

1. Reproducing the work
2.Creating derivative work from your original work, such as a sequel to
your novel
3.Distributing copies of the work - in other words, selling or giving away
your work to others
4.Performing your work, such as reading a chapter of your book at a
local library event
5.Displaying your work, such as showing your sculpture at a local art
gallery
Of course, you are free to license or sell the copyright to your
own work.
You don't have to transfer all your rights.
 For example, an artist may give an art gallery permission to show
the artist's work but not to reproduce the work.
• You may give a magazine a license to publish your short story or
commentary but only for a one-time publication.
 Registration

1.You do not have to register your work for copyright protection.

You actually are protected by copyright law the moment your
original expression is reduced to a tangible form.

2.You can register your work at any time.

3.Registration with the U.S. Copyright Office is required if you want

to pursue a court action to stop copyright infringement.

4.A copyright is effective during the life of the author plus 70 years,
but can be renewed in certain circumstances.
 Cyberspace
“It is domains characterized by the use of electronics and the electromagnetic spectrum to
store, modify and exchange data via networked systems and associated physical infrastructures.
In effect, cyberspace can be thought of as the interconnection of human beings through
computers and telecommunication without regard to physical geography.”
With the onset of modern technology, more importantly the internet, copyright protection
assumed greater significance.
Now a days, copyright law has been incorporated and put into usage to protect internet items.
 It protects original work or work that is fixed in a tangible medium i.e.; it is written, typed or
recorded.
 In fact, the internet was introduced in 1960 and WWW in 1990’s; which clearly established
the fact that copyright which a manual operation was hitherto got transformed into
electromagnetic operation.
Although the current copyright laws do provide protection to copyright owners, it also has
some shortcomings as to the effectiveness of copyright protection being enforced on the
people.
Thus the boundaries nature of internet calls for a stronger and mightier relationship in other
jurisdictions and close cooperation with international organisations.
It is therefore the duty of the society that needs to be educated about the necessity of
copyright protection in order to check, control and also prevent any unauthorized usage.
Cyberspace is a virtual world, which technically exists only in
computer memory, but it is interactive and pulsing with life.
The advantage in cyberspace is that one can meet and talk to new
people, read, publish research, hear music, watch video, look at art,
purchase and sell things, access to the government documents,
send e-mails, download software and receive technical support.
 One-way cyberspace is a living organism emendable to frequent
changes to suit the demands of the public.
 Now a days, people are so accustomed to the cyberspace that it
has become a part of our daily life and are more dependent on it
even for a slightest need for example to book a movie ticket, they go
online, so is the importance of cyber space.
 Copyright In Cyberspace
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.
Copyright Infringement

1.Copyright in a work is infringed when the work is copied without

the consent of the copyright owner.

2.A copyright law deals with the form in which the work is
expressed.
It doesn’t monopolise the idea of information.

3. As a medium, it allows a person to access a large amount of

information and to copy that information in the same state as it is
displayed.
A domain name is your website name.
What is a domain name?

 A domain name is the address where Internet users can access

your website.
 A domain name is used for finding and identifying computers on
the Internet.
 Computers use IP addresses, which are a series of number.
However, it is difficult for humans to remember strings of
numbers.
Because of this, domain names were developed and used to
identify entities on the Internet rather than using IP addresses.
A domain name can be any combination of letters and numbers,
and it can be used in combination of the various domain name
extensions, such as .com, .net and more.
The domain name must be registered before you can use it.
 Every domain name is unique.
No two websites can have the same domain name.
 If someone types in www.yourdomain.com, it will go to your
website and no one else's.
Why you need a Domain Name?
On the Internet, your domain name is your unique
identity.
Any individual, business or organization planning to have
an Internet presence should invest in a domain name.
 Having your own domain name, website and email
addresses will give you and your business a more
professional look.
 Another reason for a business to register a domain name
is to protect copyrights and trademarks, build creditability,
increase brand awareness, and search engine positioning.
With Website.com's premium plans, as a domain name is
one of the most crucial tools to build your reputation, we
include your custom domain name in your plan for free.
 Free Domain Names
Free Domain Names are sometimes available from certain
providers, and are usually in the form of [yourname.webhost.com].
A domain name in this format is also known as a sub domain.
Although a sub domain is free and functional on the Internet, it
has its limitations:

1.Your professional image will not be as strong as having a custom

domain name.

2.It is not easy for your visitors to find your website, as now they
need to remember your website name as well as your host's URL.

3.You will not be able to transfer the sub domain to another web
host.
 IDN Domain Names
IDN are domain names that are written in foreign languages, like Chinese,
Japanese or Russian.
 IDN stands for Internationalized Domain Names.
IDN domain names allow people from all over the world to communicate
websites, domain names and URLs in their native languages.
Most domain names registered to date are written using the 26-character
Latin/English alphabets and numbers, an encoding called ASCII. IDN allows for
the use of non ASCII characters in domain names.
 When an IDN is registered, the foreign characters are encoded in Puny code
using a number of algorithms.
 Puny code is simply an ASCII version for the IDN, allowing it to resolve with
the current internet system.
Punycode domains can be identified by the "xn-" beginning.
Law relating to Semiconductor Layout & Design
Semiconductor Integrated Circuit Layout Design(SICLD) Act,
2000, has come into operation in India w.e.f. 4th September 2000.

The Registry maintains the Register of Layout-Designs and

records in it the registered layout-designs with the names,
addresses, and descriptions of the proprietor and such other
matters related to the registered layout-designs.

Procedure for Registration of Layout design

Any person who wants to register his layout-design is required to

apply in writing to the Registrar Semiconductor Integrated Circuits
Layout-Design Registry in the concerned territorial jurisdiction, as
per the procedure prescribed in the SICLD Act, 2000.

The Registrar after scrutiny may refuse the application or may

accept it absolutely or with amendments or modifications, as he
may consider necessary.
Prohibition of registration of certain layout-designs
The SICLD Act, 2000 prohibits the registration of certain Layout
designs.
Layout design  which is not original is prohibited.
Similarly, the registration of layout design which has been
commercially exploited anywhere in India or a convention country
has been prohibited.
Layout design which is not inherently distinctive or which is not
inherently capable of being distinguishable from any other
registered layout-design also cannot be registered.
 The Act, however, provides that a layout-design which has been
commercially exploited for not more than two years from the date
on which an application for its registration has been filed either in
India or a convention country shall be considered as not having
been commercially exploited.
According to SICLD Act, 2000, layout-design is to be considered
as original if it is the result of its creator’s intellectual efforts and is
not commonly known to the creators of layout-designs and
manufacturers of semiconductor integrated circuits at the time of
its creation. 
The Act further provides that a layout-design consisting of
such combination of elements and interconnections that
are commonly known among creators of layout-designs and
manufacturers of semiconductor integrated circuits shall be
considered as original if such combination taken as a whole
is the result of its creator’s intellectual efforts.
 Furthermore, this Act provides that where an original
layout-design has been created in execution of a
commission or a contract of employment, the right of
registration to such layout-design shall belong, in the
absence of any contractual provision to the contrary, to the
person who commissioned the work or to the employer.
 Registration
According to the  SICLD Act, 2000, Registrar shall register the
layout-design in the register, if the application  has not been
opposed within the prescribed time limit or the application has
been opposed and the opposition has been decided for the
applicant. The date of making the application is considered to be
the date of registration of layout-design.
After registration, the Registrar issues certificate of registration
sealed with the seal of the Semiconductor Integrated Circuits
Layout-Design Registry.
Registration gives exclusive rights to the creator of layout-design
for 10 years. It enables him to exploit the creation commercially
and in the case of infringement, get reliefs permitted under the
Act.
Once the layout design is registered, the original registration and
all subsequent assignments and transmissions of layout-design are
admissible as a  prima facie evidence of its validity. 
It cannot be held invalid on the ground that it was not a register
able layout design except upon evidence of originality and if such
evidence was not submitted to the Registrar before.
The Act confer all the powers of a civil court to the Registrar for
the purposes of receiving evidence, administering oaths, enforcing
the attendance of witnesses compelling the discovery and
production of documents and issuing commissions for examination
the of witnesses.
It can also refer disputes to the Appellate Board.

Duration of registration
As per SICLD Act, 2000, the registration of a layout-design is
done only for ten years w.e.f.  from the date of filing an application
for registration or from the date of first commercial exploitation
anywhere in India or any country, whichever is earlier.

Infringement of layout-design
Only a registered proprietor of the layout-design or a registered
user can make use the layout design. What will constitute the
infringement of layout design has been explained in detail in the
SICLD Act, 2000.
Under the Act any person who infringes the layout design shall
be liable to pay the proprietor of the registered layout-design,
  royalty to be determined by negotiation between registered
proprietor and that person or by the Appellate Board.
Such royalty is negotiated keeping in view the benefit that
accrued to the person who has infringed the layout design as per
the SICLD Act, 2000.
The users/purchaser of infringed layout design is entitled to the
immunity from infringement under this Act.
Use of registered layout-design with the written consent of the
registered proprietor of a registered layout-design also shall not
constitute infringement.
Also, where any person creates a layout design by application of
independent intellect which is identical to a registered layout-
design, then, such act  shall not constitute infringement of the
registered layout-design.
Use of registered layout-design by registered users

When registered layout-design is intended to be allowed to be

used by some other person, then such person is required to be
registered with the Registrar as registered user.

Registered proprietor and the proposed registered user shall

have to make a joint application in writing to the Registrar in a
prescribed manner along with agreement in writing (or a
authenticated copy ) , entered into between them with regard to
use of  layout design showing   particulars of the relationship,
existing or proposed, including the degree of control by the
proprietor over the permitted use which this relationship will
confer.

The particulars should also clarify   whether  the proposed

registered user shall be sole registered user and mention the place
and duration of permitted use. After getting the compliance of
requirements under the Act, the Registrar registers the proposed
registered user.
The Registrar has powers under the Act to cancel the registration as a registered
user of layout design on some of the following grounds:
1. registered user has not  used the layout-design  in accordance with the agreement

2. the proprietor or the registered user misrepresented, or failed to disclose some

material facts at the time of application which would have an adverse bearing on the
registration of the  registered user

3. the circumstances have changed since the date of registration in such a way that at
the date of such application for cancellation they would not have justified registration
of the registered user

4. that the registration ought not to have been effected having regard to right vested
in the applicant by a contract in the performance of which he is interested

5. registration may be cancelled by the Registrar if the layout-design is no longer

registered
6. registration may be cancelled by the Registrar of his motion or
on the application in writing  by any person on the ground that any
stipulation in the agreement between the registered proprietor
and the registered user regarding the topographical dimensions of
the layout design is either not being enforced or is not being
complied with

7.  The Registrar is required to issue notice in respect of every

application received for cancellation of registration of registered
user to the registered proprietor and each registered user (not
being the applicant) of the layout-design. 

8.However, before cancelling of registration, the registered

proprietor shall be given a reasonable opportunity of being heard.

9. Thus, it would be seen that  the  SICLD Act, 2000  Act has been
enacted to provide for the protection of Intellectual Property of
semiconductor integrated circuits layout-designs and matters
connected therewith or incidental thereto.