IMPACT OF CYBER LAWS AND ITS PREVENTION IN IT INDUSTRY

 

Information technology is the technology used for manipulate or store the data ;digital data(0,1).today in the modern world with the increment in technology cyber crimes are increases too.we have to acquire some knowledge over technology rules and Ethics to use PC/COMPUTER and Internet.AS,computer Ethics term was 1st introduced in middle of 1970's some of the laws we should  know always ,which is described below --

What Is Patent Law?

 

Patent law is the area of law that relates to intellectual property rights. These are also often known as patent rights, and they are used to protect the rights of a group or individual over their own original inventions. Patent laws cover the regulation and enforcement of these intellectual property rights. Patent law in the US is also responsible for the creation of the US Patent and Trademark Office, which is the body that administers patent law.A patent is the right to a specific invention that is granted by a particular government. Patent rights can be held by an individual or by a group, such as a company. They may be held by the original inventor of the patented process or product, but they can also be transferred to another person or group. The patent laws prevent anyone other than the holder of the patent from making use of the protected idea, without obtaining permission from the patent holder. If someone does try to use the patented idea illegally, then the patent laws specify the legal action that the patent holder can take against them.Patent laws specify the types of inventions that can be patented and the process through which a patent can be obtained. Patent laws vary between different countries. In the United States, an invention must meet three criteria if it is going to be eligible for a patent. It must be a new idea, it must have some sort of use or purpose, and it must be non-obvious, so it is not possible to patent an idea that anyone could have.Patent law also specifies the process for dealing with the enforcement of patents in cases of patent infringement. If a patent holder feels that their rights have been violated, then they can make use of patent law in order to enforce their rights. However, pursuing this kind of legal action can be expensive and very complicated, so it can be difficult for small businesses or individual inventors to pursue claims against large companies.

Some attorneys specialize in patent law. It is possible to obtain a patent without using the services of a lawyer, but a patent attorney may be hired to help to ensure that the patent is obtained properly and that it will be enforceable under patent law. Patent attorneys can also provide up-to-date advice on patent law, which can be important, particularly when dealing with patents in areas of technology that are developing rapidly. Patent attorneys can also be used when dealing with patent infringement problems, when they can help the patent holder to deal with the complexities of the laws governing these types of cases.

Patent law is a complex, but important area of law. It provides important protection for anyone who has created an original idea and it determines which inventions can be made use of by other people. If you are interested in finding out more about what patent law means for inventors and businesses, then you may want to spend some time exploring the fedcirc.us website, where you will find some useful information about the importance of patents and how they work.

 

 PATENT LAW:

Patent law is a specific area of law that encompasses the legal regulation, jurisprudence, and
enforcement of specific intellectual property rights known as patent rights. A patent is a government
issued right granted to individuals or groups that protects their original inventions from being made,
used, or sold by others without their permission for a set period of time. While patents can be legally
obtained without the use of an attorney, an attorney who specializes in patent law can help ensure that
their client’s patent is enforceable by law. Because patent law pertains to intellectual property, which
is like any other property in that it can be legally sold, exchanged, traded, or abandoned, the finer
points of patent law are frequently amended as technology changes. This is another reason why an
attorney specializing in patent law is of significant use to those seeking a patent.
Basically, A Patent is a legal monopoly, which is granted for a limited time by a country to the owner
of an invention. Merely to have a patent does not give the owner the rights to use or exploit the
patented invention. That right may still be affected by other laws such as health and safety regulation
or the food and drugs regulation or even by other patents. The patent, in the eyes of the law, is a
property right and it can be given away, inherited, sold, licensed and can even be abandoned. As it is
conferred by the government, the government, in certain cases even after grant or even if it has been,
in the meantime, sold or licensed, can revoke it.

• A Patent gives an inventor the right for a limited period to stop others from making, using,
selling or importing an invention without the permission of the inventor. That is why patent is
called a "negative right"
• Patents are generally concerned with functional and technical aspects of products and
processes and must fulfill specific conditions to be granted.
• Most patents are for incremental improvements in known technology - evolution rather than
revolution. The technology does not have to be complex.
• Patent rights are territorial; an Indian patent does not give rights outside of India.
• Patent rights last for up to 20 years in India and in most countries outside India.
• Depending on where you wish your patent to be in effect, you must apply to the appropriate
body. In India, this is The Indian Patent Office. There are various Patent Offices around the
world. Alternatively, a Patent Agent can apply on your behalf.
 

REQUIREMENTS OF PATENT LAW:

The invention must be useful, novel (new), and non obvious. If so, the inventor is entitled to patent protection, and the government is obliged to give it. Patent protection excludes all others except the patent holder from making, using, selling or offering to sell the patented invention. However if another invention which has patent is used in the actual physical creation of the new invention, the patent owner may have to obtain certain rights from the first patent holder.

ADVANTAGES OF PATENT LAW:

Some of the more obvious advantages of patent law is that the patent owner holds exclusive right to the invention and that others must pay either a license fee or obtain some other type of right to produce or manufacture the patented item. Additionally a company may invent something that is not necessarily useful to the company’s overall goals at the time, and then they would have to decide whether the lengthy and sometimes expensive patent application process is in their best interest.

COPYRIGHT LAW:

The Copyright Act, established in 1976, is located in Title 17 of the U.S. Code, from sections 101
through 122.Copyright refers to laws that regulate the use of the work of a creator, such as an artist or
author. This includes copying, distributing, altering and displaying creative, literary and other types of
work. Unless otherwise stated in a contract, the author or creator of a work retains the copyright.
For a copyright to apply to a work, it must be an original idea that is put to use. The idea alone cannot
be protected by copyright. It is the physical use of that idea, such as an illustration or a written novel
that is covered under copyright law.
It is also be defined as, “As a copyright holder, you have the exclusive right to reproduce or make
copies of a creative work. You can also distribute or sell copies; make a derivative work (for example,
turn a novel into a movie); and perform or display the work publicly”.

Copyrightable Material are includes, Creative works, including literature, art and music, can be
copyrighted if they are original and have been put in tangible form. A copyright is a form of protection
by the laws of the United States to authors of “original works of authorship.” This includes literary,
dramatic, musical, artistic and certain other intellectual works. This protection is available to both
published and unpublished works. Material not protected by copyright (or otherwise protected) is
available for use by copyrighted work can prevent others from copying, performing or otherwise using
the work without the author’s consent.
There are four main forms of remedies in the event that copyright infringement takes place:
1. An injunction to stop the production of further copies.
2. A demand that all copies are surrendered to the copyright owner.
3. Damages for losses suffered by the copyright owner.
4. An account of profits made by the infringer.
 

ADVANTAGES OF COPYRIGHT LAW:

 1. LEGAL RESOURSE:

Federal copyright law prohibits authors from suing for breaches of copyright law unless the work has been registered with the U.S. Copyright Office. This means that if someone steals your work, you cannot file a lawsuit until the work has been registered. While you might think that you’ll be able to register the work as soon as copyright infringement is an issue, there will be added expense and time lost. You’ll have to pay more to expedite the copyrighting process, and filing your lawsuit will become more complicated. Not to mention, the judge or jury who hears your case will wonder why you didn’t initially copyright your work, which can work in the favor of the defendant in your case.

2. DAMAGES:

The plaintiff in a copyright infringement case can sue for the actual infringement of the copyright even if the registration was completed after the infringement occurred. However, the plaintiff will not be entitled to statutory damages and court fees unless the registration was completed in a “timely manner”. Currently, a timely manner is considered within three months of publication of the creative work. This means that if you don’t copyright your work, you will not be entitled to statutory damages when and if an infringement occurs. In this case, the plaintiff will be required to prove actual damages.

3. SPEED:

Typically, copyright infringement cases involve the perpetrator’s ability to profit from the use of a copyrighted creative work. If you win a copyright lawsuit in court, then the infringer will be required to take the copyrighted work off the market, but this could be months or years after the actual infringement took place. If, however, you have copyrighted your work by registration, then you are entitled to the removal of the copyrighted work from the market immediately. This means that gratification is much faster, and will expedite the process of removing the offending material from the market.

CYBER CRIME:

Information is a resource which has no value until it is extracted, processed and utilized. Information technology deals with information system, data storage, access, retrieval, analysis and intelligent decision making. Information technology refers to the creation, gathering, processing, storage, presentation and dissemination of information and also the processes and devices that enable all this to be done. Information technology is affecting us as individual and as a society. Information technology stands firmly on hardware and software of a computer and tele-communication infrastructure. But this is only one facet of the information Technology, today the other facets are the challenges for the whole world like cyber crimes and more over cyber terrorism. When Internet was first developed, the founding fathers hardly had any inkling that internet could transform itself into an all pervading revolution which could be misused for criminal activities and which required regulations. With the emergence of the technology the misuse of the technology has also expanded to its optimum level the examples of it are:

• Cyber stalking  • Cyber harassment  • Cyber fraud  • Cyber defamation  • Spam  • Hacking  • Trafficking  • Distribution  • Posting and dissemination of obscene material including pornography   • Indecent exposure and child pornography etc.

The misuse of the technology has created the need of the enactment and implementation of the cyber laws but whether this cyber laws are capable to control the cyber crime activities, the question requires the at most attention. There can be no one exhaustive definition about Cybercrime. “Cyber terrorism is the premeditated, politically motivated attack against information, computer systems, computer programs, and data which result in violence against property, government and people at large.” OR we can say  "Acts those are punishable by the Information Technology Act". A simple sturdy definition of cyber crime would be, "unlawful acts wherein the computer is either a tool or a target or both".

TYPES OF CYBER CRIME:

1. Privacy violation:

The law of privacy is the recognition of the individual's right to be let alone and to have his personal
space inviolate. The right to privacy as an independent and distinctive concept originated in the field of
Tort law, under which a new cause of action for damages resulting from unlawful invasion of privacy was
recognized. In recent times, however, this right has acquired a constitutional status, the violation of which
attracts both civil as well as criminal consequences under the respective laws. The intensity and
complexity of life have rendered necessary some retreat from the world. Man under the refining influence
of culture, has become sensitive to publicity, so that solitude and privacy have become essential to the
individual. Modern enterprise and invention have, through invasions upon his privacy, subjected him to
mental pain and distress, far greater than could be inflicted by mere bodily injury. Right to privacy is a
part of the right to life and personal liberty enshrined under Article 21 of the Constitution of India. With
the advent of information technology the traditional concept of right to privacy has taken new dimensions,
which require a different legal outlook. To meet this challenge recourse of Information Technology Act,
2000 can be taken.
The various provisions of the Act aptly protect the online privacy rights of the citizens. Certain acts have
been categorized as offences and contraventions, which have tendency to intrude with the privacy rights
of the citizens.

2. Secret information appropriation and data theft:

The information technology can be misused for appropriating the valuable Government secrets and data
of private individuals and the Government and its agencies. A computer network owned by the
Government may contain valuable information concerning defense and other top secrets, which the
Government will not wish to share otherwise. The same can be targeted by the terrorists to facilitate their
activities, including destruction of property. It must be noted that the definition of property is not
restricted to moveables or immoveable alone.

3. Demolition of e-governance base:

The aim of e-governance is to make the interaction of the citizens with the government offices hassle free
and to share information in a free and transparent manner. It further makes the right to information a
meaningful reality. In a democracy, people govern themselves and they cannot govern themselves
properly unless they are aware of social, political, economic and other issues confronting them. To enable
them to make a proper judgment on those issues, they must have the benefit of a range of opinions on
those issues. Right to receive and impart information is implicit in free speech. This, right to receive
information is, however, not absolute but is subject to reasonable restrictions which may be imposed by
the Government in public interest.

4. Distributed denial of services attack:

The cyber terrorists may also use the method of distributed denial of services (DDOS) to overburden the
Government and its agencies electronic bases. This is made possible by first infecting several unprotected
computers by way of virus attacks and then taking control of them. Once control is obtained, they can be
manipulated from any locality by the terrorists. These infected computers are then made to send
information or demand in such a large number that the server of the victim collapses. Further, due to this
unnecessary Internet traffic the legitimate traffic is prohibited from reaching the Government or its
agencies computers. This results in immense pecuniary and strategic loss to the government and its
agencies.
It must be noted that thousands of compromised computers can be used to simultaneously attack a single
host, thus making its electronic existence invisible to the genuine and legitimate citizens and end users.
The law in this regard is crystal clear.

5. Network damage and disruptions:

The main aim of cyber terrorist activities is to cause networks damage and their disruptions. This activity
may divert the attention of the security agencies for the time being thus giving the terrorists extra time and
makes their task comparatively easier. This process may involve a combination of computer tampering,
virus attacks, hacking, etc.

In India Information Technology Act, 2000 deals with the cyber crime problems. It has some positive as well as negative aspects.

 

Positive Aspects of the IT Act, 2000:

1. Prior to the enactment of the IT Act, 2000 even an e-mail was not accepted under the prevailing
statutes of India as an accepted legal form of communication and as evidence in a court of law. But the IT
Act, 2000 changed this scenario by legal recognition of the electronic format. Indeed, the IT Act, 2000 is
a step forward.
2. From the perspective of the corporate sector, companies shall be able to carry out electronic commerce
using the legal infrastructure provided by the IT Act, 2000. Till the coming into effect of the Indian Cyber
law, the growth of electronic commerce was impeded in our country basically because there was no legal
infrastructure to regulate commercial transactions online.
3. Corporate will now be able to use digital signatures to carry out their transactions online. These digital
signatures have been given legal validity and sanction under the IT Act, 2000.
4. In today’s scenario, information is stored by the companies on their respective computer system, apart
from maintaining a back up. Under the IT Act, 2000, it shall now be possible for corporate to have a
statutory remedy if any one breaks into their computer systems or networks and causes damages or copies
data. The remedy provided by the IT Act, 2000 is in the form of monetary damages, by the way of
compensation, not exceeding Rs. 1, 00, 00,000.
5. IT Act, 2000 has defined various cyber crimes which includes hacking and damage to the computer
code. Prior to the coming into effect of the Indian Cyber law, the corporate were helpless as there was no
legal redress for such issues. But the IT Act, 2000 changes the scene altogether.

The Grey Areas of the IT Act, 2000:

1. The IT Act, 2000 is likely to cause a conflict of jurisdiction.
2. Electronic commerce is based on the system of domain names. The IT Act, 2000 does not even touch
the issues relating to domain names. Even domain names have not been defined and the rights and
liabilities of domain name owners do not find any mention in the law.
3. The IT Act, 2000 does not deal with any issues concerning the protection of Intellectual Property
Rights I the context of the online environment. Contentious yet very important issues concerning online
copyrights, trademarks and patents have been left untouched by the law, thereby leaving many loopholes.
4. As the cyber law is growing, so are the new forms and manifestations of cyber crimes. The offences
defined in the IT Act, 2000 are by no means exhaustive. However, the drafting of the relevant provisions
of the IT Act, 2000 makes it appear as if the offences detailed therein are the only cyber offences possible
and existing. The IT Act, 2000 does not cove various kinds of cyber crimes and Internet related crimes.
This Include:-

a) Theft of Internet hours

b) Cyber theft   c) Cyber stalking  d) Cyber harassment   e) Cyber fraud g) Misuse of credit card numbers h) Chat room abuse 5. The IT Act, 2000 has not tackled several vital issues pertaining to e-commerce sphere like privacy.