Professional Documents
Culture Documents
Technological & Legal Environment
Technological & Legal Environment
LEGAL ENVIRONMENT
MODULE 3
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
TECHNOLOGY: A DEFINITION
APPROPRIATE TECHNOLOGY
• Cost reduction
• Improved product quality
• Increased productivity
• Shorter turnaround period
• Informed decision making
• Innovations
DIGITAL INDIA Prepared By;
A flagship programme of the Government of India with a vision to transform India into a Hirva Nathwani
digitally empowered society and knowledge economy. 91900449009
BBA(FM0 SEM-3
Marwadi University
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
CONTENTS
• Key people: Ravi Shankar Prasad, Minister of Electronics and Information Technology of India.
• Launched as in order to ensure the Government's services are made available to citizens electronically by improved online
infrastructure ,by increasing Internet connectivity and making the country digitally empowered in the field of technology.
• The initiative includes plans to connect rural areas with high-speed internet networks.
• Website: digitalindia.gov.in
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
Vision: The vision of Digital India programme is to transform India into a digitally empowered society and knowledge
economy.
Vision Areas: The Digital India programme is centered on 3 key vision areas
Seamlessly integrated
High speed internet as a services across Universal Digital
core utility departments or Literacy
jurisdictions
Services available in
Cradle to grave digital Universally accessible
real time through online
identity digital resources
& mobile platforms
Participation in digital
All citizen entitlements All
& financial space
to be portable and documents/certificates
through mobile &
available on cloud available on cloud
banking
[B] SERVICES:
Crop Insurance
Mobile App
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
[C] EMPOWERMENT:
5 YEARS OF DIGITAL INDIA
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
INFORMATION
TECHNOLOGY ACT
2000
HTTPS://WWW.INDIACODE.NIC.IN/BITSTREAM/123456789/1999/3/A2000-21.PDF
(SOURCE)
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
• In 1996, the United Nations Commission on International Trade Law (UNCITRAL) adopted
the model law on electronic commerce (e-commerce) to bring uniformity in the law in different
countries.
• Further, the General Assembly of the United Nations recommended that all countries must
consider this model law before making changes to their own laws. India became the 12th
country to enable cyber law after it passed the Information Technology Act, 2000.
• While the first draft was created by the Ministry of Commerce, Government of India as the
ECommerce Act, 1998, it was redrafted as the ‘Information Technology Bill, 1999’, and passed
in May 2000.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
OBJECTIVES
• The Information Technology Act, 2000 provides legal recognition to the transaction done via
electronic exchange of data and other electronic means of communication or electronic
commerce transactions.
• This also involves the use of alternatives to a paper-based method of communication and
information storage to facilitate the electronic filing of documents with the Government
agencies.
• Further, this act amended the Indian Penal Code 1860, the Indian Evidence Act 1872, the
Bankers’ Books Evidence Act 1891, and the Reserve Bank of India Act 1934. The objectives of
the Act are as follows:
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
OBJECTIVES (CONT…)
• Grant legal recognition to all transactions done via electronic exchange of data or other electronic means of
communication or e-commerce, in place of the earlier paper-based method of communication.
• Give legal recognition to digital signatures for the authentication of any information or matters requiring
legal authentication
• Facilitate the electronic filing of documents with Government agencies and also departments
• Facilitate the electronic storage of data
• Give legal sanction and also facilitate the electronic transfer of funds between banks and financial institutions
• Grant legal recognition to bankers under the Evidence Act, 1891 and the Reserve Bank of India Act, 1934,
for keeping the books of accounts in electronic form.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
FEATURES
• All electronic contracts made through secure electronic channels are legally valid.
• Legal recognition for digital signatures.
• Security measures for electronic records and also digital signatures are in place
• A procedure for the appointment of adjudicating officers for holding inquiries under the Act is finalized
• Provision for establishing a Cyber Regulatory Appellant Tribunal under the Act. Further, this tribunal will handle all appeals made
against the order of the Controller or Adjudicating Officer.
• An appeal against the order of the Cyber Appellant Tribunal is possible only in the High Court
• Digital Signatures will use an asymmetric cryptosystem and also a hash function
• Provision for the appointment of the Controller of Certifying Authorities (CCA) to license and Senior police officers and other officers
can enter regulate the working of Certifying Authorities. The Controller to act as a repository of all digital signatures.
• The Act applies to offences or contraventions committed outside India
• any public place and search and arrest without warrant
• Provisions for the constitution of a Cyber Regulations Advisory Committee to advise the Central Government and Controller.
THE SECURITIES AND
EXCHANGE BOARD OF INDIA
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
The Securities and Exchange Board of India Act, 1992 was enacted by the
Indian Parliament “to provide for the establishment of a Board to protect
the interests of investors in securities and to promote the development of,
and to regulate the securities market and for matters connected therewith
or incidental thereto”.
Several powers enjoyed by the Securities Contracts (Regulation) Act and the
Companies Act have been delegated to the SEBI to strengthen its hand as a capital
market regulator. The SEBI now functions under the overall control and direction
of the Ministry of Finance, Government of India.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
POWERS
To carry out its responsibilities under the Act, the Board is clothed with
the same powers as are vested in a Civil Court in respect of the following
matters, namely:
• The discovery and production of books of account and other documents
at such place and such time as may be specified by the Board
• Summoning and enforcing the attendance of persons and examining
them on oath
• Inspection of any books, registers and other documents of stockbrokers,
sub-brokers, and share transfer agents, etc.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
ORGANIZATION
SHORTCOMINGS
INTELLECTUAL PROPERTY
IP can be split into two types: (i) Industrial property that takes into
account inventions (patents), trademarks, industrial designs and
geographic indications of source; and (ii) Copyright that covers literary
and artistic works such as novels, poems and plays, films, musical
works, artistic works like drawings, paintings, photographs and
sculptures, and architectural designs.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
LEGISLATIVE FRAMEWORK
The following are some of the IPR-related, activity-specific legislations passed in India:
• Design : Design Act 2000
• Trademark : Trademarks Act, 1999
• Copyright : The Copyright Act, 1957 as amended in 1983, 1984 and
PATENT
• A patent is a protection document that certifies the priority, authorship, and property right
to invention (utility model). An invention is a result of intellectual activity of a human
being in any field of technology. It can be a product or a process that provides a new way
of doing something as well as the novel use of a product or process already known. In
order to be protected by a patent an invention must conform to certain conditions that are
prescribed in the corresponding laws and regulations of a country where the protection is
applied for. Among such conditions are the following:
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
CONTINUE…
CONTINUE….
• The scope of the granted legal protection is defined by the patent claims. The
interpretation of the patent claims shall be accomplished within the patent description and
relevant drawings.
• A patent owner has an exclusive right to use and dispose the invention as well as to
prohibit others from using this invention without the owner’s consent within the patent
validity term. After the expiration of the patent validity term the invention becomes
available to commercial exploitation by others.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
TRADEMARKS
FUNCTIONS OF TRADEMARKS
REGISTRATION OF TRADEMARKS
• Any person who has the legal claims of a trademark can apply to the
Registrar of Trademarks for its registration.
• The application shall be made in the name of an individual, partners of a
firm, a Corporation, any government department, a trust or joint
applicants claiming to be the proprietor of the trademark.
• The application shall be filled in the office of the Trademarks Registry
within whose territorial limits the principal place of business in India of
the applicant is located. In the case of joint applicants it shall be filled in
the office of the Trademarks Registry within whose territorial limits the
principal place of business in India is situated.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
(CONTINUED)
• With regard to the acceptance or rejection of application, the Registrar may accept the
application absolutely or subject to such amendments, modifications, conditions or
limitations, if any, as he may think fit, or refuse the application.
• In the event of a rejection or conditional acceptance of an application, the Registrar shall
put in writing the grounds for such refusal or conditional acceptance and the materials
used by him in arriving at his decision.
• Once a trademark is registered, the applicant will receive from the Registrar a certificate
in the prescribed form, sealed with the seal of the Trademarks Registry. The duration of
the registration of a trademark is 10 years, but may be renewed from time to time
according the provisions of the Act.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
COPYRIGHT ACT
• India has one of the most up-to-date copyright protection laws in the world,
governed by the Copyright Act, 1957.
• A major landmark in the sphere of copyright during 1999 was the amendment
to the Copyright Act of 1957 to make it fully attuned with the provisions of the
TRIPS Agreement. Called the Copyright (Amendment) Act, 1999, this amended
law became effective from 15 January, 2000.
• The Copyright Act, 1957 lays down mandatory punishment for piracy
of copyrighted matter in accordance with the gravity of the offence to
deter infringement, in compliance with the TRIPS Agreement.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
OTHER IPRS
• Geographical indications
• Industrial designs
• Integrated circuits
• Trade secrets
COMPETITION ACT
2002
THE REGULATION OF COMPETITION
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
COMPETITION
OBJECTIVES
• Encourage competition
• Prevent abuse of dominant position
• Protect the consumer
• Ensure a level playing field to participate in the Indian economy
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
FERA: OBJECTIVES
MAIN PROVISIONS
• All foreign companies that sought approval under FERA, save those in
shipping and airlines, had to convert themselves into
Indian companies.
• A minimum of 74 per cent of shareholding by foreign principals would
be permitted only in case of companies that produced (a) certain specified
items listed in the Industrial Policy of 1973; or (b) primarily export-
oriented commodities; or (c) goods employing state-of-the-art technology;
or (d) tea; or (e) companies engaged in trading not exceeding 25 per cent
of ex-factory value of production or having a turnover of less than INR 50
million.
(CONTINUED)
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
The Foreign Exchange Management Act (FEMA), 1999 has repealed the Foreign
Exchange Regulation Act (FERA) 1973. The FEMA consolidates and amends the Act
relating to foreign exchange.
FEMA was passed by Lok Sabha on 2 December, 1999. It extends to the whole of India
and applies to all branches, offices and agencies outside India owned or controlled by any
Indian national.
It also applies to any contravention there under committed outside India by any person to
whom this Act applies. The Act came into force with effect from 1 June, 2000.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
OBJECTIVES
FEMA has the following twin objectives: (i) to facilitate external trade and
payments and (ii) to promote the orderly development and maintenance of
foreign exchange market in India. In other words, the objective of FEMA is
to consolidate and amend FERA so as to promote foreign trade, while
promoting the country’s foreign exchange market.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
PROVISIONS
• Such person shall be liable to penalty up to twice the sum involved in such contravention
• An Appellate Tribunal for Foreign Exchange shall be established by the Central
Government to hear appeals against the orders of the adjudicating authorities
• If anybody does not make full payment of the penalty he shall be liable for civil
imprisonment
• The Act empowers the Central Government to suspend or relax, either for a specific
period or indefinitely the operation of all or any of the provisions of FEMA.
PUBLIC, PRIVATE &
COOPERATIVE
SECTORS
PUBLIC SECTOR IN
INDIA
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
OBJECTIVES
(CONTINUED)
ORGANIZATION
• Departmental
• Government companies where at least 50 per cent are owned
• Public corporations or statutory corporations
• Other forms
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
CONTROL
• De-reservations
• Policy regarding sick units
• Memorandum of understanding
• Navaratnas among PSUs
• Disinvestment of shares
• Under-pricing of shares
• Squandering away assets to finance deficits
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
ACHIEVEMENTS
• Rapid industrialization
• Diversification of country’s industrial structure
• Sizeable contribution to the country’s export earnings
• Cutting down imports
• Significant contribution to balanced economic development
• Significant increase in employment opportunities
• Growth in capital formation
• Substantial contribution to central government revenues
• Implementing the country’s objectives
• Judicious use of the country’s resources
• Broadening the technological base
• Meeting social obligations
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
Since 1951, the private sector has been assigned a complementary role
to the public sector. Over the years, private sector confronted several
problems, much of it from the government that adopted policies and
practices that were inimical to its growth. When the government
realized its mistake it started reversing its policy in 1991.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
• Manufacturing
• Services
• Banking and insurance
• Transport
• Community and social services
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
CO-OPERATIVE SECTOR
• Our industrial policy statements have emphasised the role of the co-
operative sector in the industrialisation of the country, especially by
developing cottage, village and small-scale industries.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022