Consumer Protection Act

Unit V
Before the enactment of the consumer
Protection Act,1986 a person aggrieved
by the defective goods or deficiency in
service had to approach the ordinary
civil court to get his grievances
redressed.
 WHAT IS A COMPLAINT?

“Complaint” means any allegation in writing made by a

compliant that
• The goods bought by him or agreed to be bought
by him suffer from one or more defects .
• Goods which will be hazardous to life and safety
when used are being offered for sale

What is Unfair Trade Practice ?

Unfair trade practice means a trade practice which,
for the purpose of promoting the sale, use or supply
of any goods or for the provision of any services
 Who can file a complaint ?
• A Consumer
• One or more consumers
• Central or state govt
• Recognized consumer association
• Husband of a Consumer
• An Insurance company
• User of goods.
 Who is a Consumer ?

A person who has purchased goods for a

consideration .
 Objectives of the act

 Right to be safety
 Right to Inform
 Right to choose
 Right to be heard
 The right to seek redresses against unfair trade
practices or exploitation of consumers
 Right to Consumer Education
 CONSUMER DISPUTE
• A person where the person against whom the
complaint is made, denies or disputes the
allegations contained in the complaint.
 CONUMER DISPUTE REDRESSAL AGENCIES

• District forum headed by District judge

• jurisdiction- district State Commission headed by Judge of

High Court

• jurisdiction- whole state National Commission headed by

Chief Justice Of India, jurisdiction- entire nation.
CYBER CRIME
 Introduction

Defining cyber crimes, as “acts that are punishable by

the information technology act” would be unsuitable
as the Indian penal code also covers many cyber
crimes. In simply we can say “unlawful acts where in
the computer is either a tool or a target or both”.
Cyber Criminal

Cyber crime encompasses any criminal act

dealing with computers and networks (called
hacking). Additionally, cyber crime also
includes traditional crimes conducted through
the Internet.
 Types of Cyber Crime
 FINANCIAL CRIMES: This would include cheating, credit card frauds,
money laundering etc.
 CYBER PORNOGRAPHY: This would include pornographic website,
magazines, produced using computer and the internet to download and
transmit pornographic pictures, photos, writings etc.
 SALE OF ILLEGAL ARTICLES: This would include sale of narcotics,
weapons, & wildlife etc. by posting information on websites, auction
websites, and bulletin boards or simply by using email communication.
 ONLINE GAMBLING: There are million of websites, all hosted on servers
abroad, that offer online gambling. In fact, it is believed that many of
these websites are actually fronts for money laundering.
• INTELLECTUAL PROPERTY CRIME: These include software piracy,
copyright, trademarks misuse, theft of computer source code etc.
• EMAIL SPOOFING : A spoofed email is one that appears to originate from
one source but actually has been sent from another source
• FORGERY: Counterfeit currency notes, postage & revenue stamps, mark
sheet etc. by the help of computers, printers, and scanners. E.g. Outside
many college across India, one finds touts soliciting the sale of fake mark
sheets or even certificates. These are made using computer & high quality
scanners and printers.

• DATA DIDDLING: altering raw data just before a computer processes it and
then changing back after the processing is completed

• VIRUS: Viruses are program that attach themselves to a computer or a file

and then circulate themselves to other files and to other computers on a
network. They usually affect the data on a computer, either by altering or
deleting it & also eat up all the available space on a computer’s memory

• LOGIC BOMBS: These are event dependent programs. This implies that
these programs are created to do something only when a certain event
occurs.

• HACKING: This occurs when someone forcefully takes control of a website

like by cracking the password and later changing it.

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• THEFT OF COMPUTER SYSTEM: In this involves the theft of a computer,
some parts of a computer etc.

• PHYSICALLY DAMAGING A COMPUTER SYSTEM: This crime is committed

by physically damaging of the computer system or internet
• WEBJACKING
• EMAIL SPAMMING
• BANKING CRIMES
• PEDOPHILES - sexual or indecent acts – teens
• DEFAMATION - Wrong Information
• SALES - ILLEGAL
• INVESTMENT CRIMES

 .

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Cyber Laws
Cyberspace
• Coined in 1980s by Science friction writer William Gibson.

• Cyberspace like physical space comprises of four sub

concepts i.e. place, distance, size and route.
• In general Cyberspace represents the new medium of
communication, electronic communication, which is fast
outmoding, or even replacing more traditional methods of
communication.

This includes computers, networks, the internet, software, data

storage devices (such as hard disks USB disks etc), websites, emails
and even electronic devices such as cell phones, ATM machines etc.
• Unique features- borderless space, dynamic, anonymity, speed, cost
effective, marked with rapid technological advances.
 Objectives
• To facilitate electronic storage of data

• To facilitate electronic filing of documents with

government department

• To give legal recognition for keeping books of account by

bankers in electronic form

• To facilitate and give legal sanction to electronic fund

transfers between banks and financial institution
 Electronic Commerce

• Electronic commerce, commonly known as e-

commerce, ecommerce, eCommerce or e-comm,
refers to the buying and selling of products or
services over electronic systems such as the Internet
and other computer networks.
E-commerce can be divided into:

• E-tailing
• Web contacts
• Electronic Data Interchange (EDI), the business-to-business
exchange of data
• E-mail and fax and their use as media for reaching prospects
and established customers (for example, with newsletters)
• Business-to-business buying and selling
• The security of business transactions
 DIGITAL SIGNATURE

Digital signature is a process of

authentication of any electronic records
by a subscriber by means of an
electronic method in accordance with
the provisions.
 DIGITAL SIGNATURE CERTIFICATES

Are electronic files that are used to identify people and

resources through internet.

 Certifying authority to issue digital signature certificates.

 Grant of certificates.

 Representation upon issuance of digital signature certificates.

 Suspension of digital signature certificates.

 Revocation of digital signature certificate.

 Notice of suspension or renovation.

 ELECTRONIC GOVERNANCE

Electronic governance means lawful recognition of various

electronic records and digital signatures. Under this chapter
various rules and laws has been described by government.

It includes following aspects:

• Legal recognition of electronic records.
• Legal recognition of digital signatures.
• Retention of electronic records.
• Publications of rules and regulations in Electronic Gazette.
 CYBER OFFENCES

• Cyber offences to be investigated only by a Police Officer not

below the rank of the Deputy Superintendent of Police.
• Tampering with computer source documents.
• Publishing of information which is obscene in electronic form.
• Breach of confidentiality and privacy.
• Hacking
• Misrepresentation
• Publishing Digital Signature Certificate false in certain
particulars and publication for fraudulent purposes.
Intellect
ua l Proper
ty Rights

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 Introduction
• Intellectual property (IP) refers to creations of
the mind: inventions, literary and artistic
works, and symbols, names, images, and
designs used in commerce.

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Why protect intellectual property?
• Protection of IP rights is an incentive to human creativity
Promotes respect for individual artists, and enables them to
earn livelihoods Prevents infringement and “free riding” IP
serves as an instrument for cultural, social, economic and
technological development.

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 Types of IP Right
• Patents
• Trade Marks
• Designs
• Copyrights
• Geographical Indications
• Industrial Designs
• Trade Secrets
• Utility Models

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Indian Copyright Act 1957

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 What is Copyright?
• The legal right granted to an author,
composer, playwright, publisher, or distributor
to exclusive publication, production, sale, or
distribution of a literary, musical, dramatic, or
artistic work
 Definition of Copy rights
• “The exclusive right given by law for a certain
term of years to an author, composer etc to
print, publish and sell copies of his original
work”
 Rights to the Owner
· make copies of the work
· distribute copies of the work
· perform the work publicly (such as for plays, film,
or music)
· display the work publicly (such as for artwork, or
any material used on the internet or television)
· make “derivative works” (including making
modifications, adaptations or other new uses of a
work, or translating the work to another media)
 Whose Right are Protected?
• Copyright protects the right of author
 Forms of Copy rights
• Economic Rights
Several exclusive rights typically attach to the holder of a
copyright:-
 to produce copies or reproductions of the work and to sell
those copies (including, typically, electronic copies)
 to import or export the work
 to create derivative works (works that adapt the original work)
 to perform or display the work publicly
 to sell or assign these rights to others
 to transmit or display by radio or video
• Moral Rights
(i) Right of paternity
(ii) Right of integrity
Patent Law

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 What is a Patent?
• A Patent is an exclusive monopoly granted by
the Government to an inventor over his
invention for limited period of time.
Who can obtain a Patent?
• An inventor or any other person/company
assigned by the inventor can obtain the patent
over his invention.

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 Why one should go for a patent?
• To enjoy the exclusive rights over the invention. If the
inventor does not get the patent rights over his
invention and introduce his product/process based
on his invention in the market, any body can copy his
invention and exploits it commercially.
• To debar others from using, selling or working out his
invention, the inventor must go for getting a patent.

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 Essentials of Design for Registration
 New & conceptual design.
 Design must relate to the attribute of the product.
 Applicable on any article in the process.
 It should appear or be visible on the finished product
 Design should not include any trade mark, property mark, or
artistic work.
 Any principle of construction would not be a registrable
design.
 It should be distinguishable from known design or the
combination of known.

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 Duration of Registration

 Total term – 15 yrs

 Initially 10 yrs thereafter 5 more yrs can be extended.
 Payment of Rs. 2,000 needs to be made against extention of
term along with the application to the controller.
 This could be done before the expiry of 10 yrs or immediately
after registration.

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TRADEMARK

J 40
Trademark

Word

Signature

Name

Device

VisualLabel
Symbol
Numerals

Combination of Colors

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 Trademark..
Key Role
Important
Enables inform of
the consumers
Key Role
Important
Consumer
Industrial
to identify
Enables inform
Originof
Property
thethe
consumers of
Consumer
Industrial
the
to identify
Rights
Economy Property
Goods/Services
the Origin of
the Goods/Services
Rights
Economy

Th
e
ori
gin
at
or
of
th
e
go
od
s
ge
ts
pr
ot
ec
tio
n
for
th
e
m
ar
k

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 Functions of Trademarks
It identifies the It guarantees its
product and its unchanged
origin quality

It creates an
It advertises
image for the
the product product
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 Benefits of Trademark

The Regd. ●
The Regd. Proprietor of a trade mark can stop other
traders from unlawfully using his trade mark, sue
for damages and secure destruction of infringing
Proprietor goods and or labels.

The Trademark registry average

The
●

earns a revenue of Rs.30 crores a

Government year.

●
The Trade Marks Registration system is driven by
The Legal professionals and legal advisors(Agents) who act for
the clients in the processing of the trade marks
professionals application.
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• Thank you