(..8..)
Information Technology[1]
QUESTION BANK
Q.1. Discuss the salient features of Information Technology Act, 2000.
Q.2. Explain various salient features of Information Technology Act, 2000
I. Introduction-
Information Technology Act, 2000 and Intellectual Property Rights are different subjects. No one falls in the scope of another. However, they are allied because the Information Technology Act prescribes punishment to those who violate intellectual property rights like copyright, designs, trade marks, traditional knowledge, etc.
Information technology means storing information and its transmission through electronic media. The Act provides legal recognition of transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as “electronic commerce” (or ‘E-commerce”), which involve the use of alternatives to paper-based methods of communication and storage of information to facilitate electronic filing of documents with the government agencies.
II. Historical background of the Act-
The Information Technology Act 2000 was an outcome of U.N. General Assembly resolution of 1997. The resolution adopted the Model Law on Electronic Commerce on International Trade Law. In other words, the Information Technology Act 2000 is an outcome of an international resolution on electronic commerce. It is because the utility of computers and the internet concerning modern trade and commerce was well known till then. However, the growing utility of computers and the internet has led to misuse, and cybercrimes have started to grow. The dire need was felt to control these crimes; therefore, the United Nations General Assembly adopted a resolution and model code on information technology. The United Nations resolution and model code led the Indian Legislature to pass the Information Technology Act 2000.
III. Definitions-
We will discuss some important definitions in the Act as follows-
1. “Information” (S. 2 (v))-
Information includes data, messages, text, images, sound, voice codes, computer programs, software and databases, microfilm, or computer-generated microfiche.
2. “Data” (S. 2 (o))-
Data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalized manner and is intended to be processed, or has been processed in a computer system or computer network and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally, in the memory of the computer.
3. “Computer” (S. 2 (1))-
“Computer” means “any electronic, magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication facilities which are connected or related to the computer in a computer system or computer network”.
4. “Computer Network” (S. 2 (J))-
“Computer Network” means the inter-connection of one or more computers or computer systems or communication devices through-
(i) the use of satellite, microwave, terrestrial line, wire, wireless or other communication media; and
(ii) terminals or a complex consisting of two or more inter-connected computers or communication devices, whether or not the interconnection is continuously maintained;
5. Computer System (2 (1)-
“Computer System” means “a device or collection of devices, including input and output support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files which contain computer programmes, electronic instructions, input data and output data that performs logic, arithmetic, data storage and retrieval, communication control and other functions”.
IV. About Information Technology Act, 2000.-
The Information Technology Act 2000[2]comprises 94 sections divided into 13 chapters. The chapters cover subjects like digital signature, electronic governance, attribution, acknowledgement and dispatch of electronic records, security of electronic records, regulation or certifying authorities, duties of subscribers to the digital signature certificate, Cyber Regulation Appellate Tribunal, offences and liabilities or network service providers, etc.
However, the present Act proves unable to protect intellectual property rights. The Act has not made provisions especially to protect intellectual property rights.
V. About Intellectual Property Rights-
Intellectual property rights are those rights which cover the rights and privileges given to individuals who are the owners and inventors of an intellectual work. Intellectual property rights holders get exclusive rights, for some specific period, to make, use, and market the work.
India was one of the founding members of the agreement to establish the World Trade Organization (WTO), which contains the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). Therefore, several Acts have been passed to protect various intellectual property rights, such as
- Trade Marks Act, 1999.
- The Patents Act, 1970.
- The Copyright Act, 1957.
- The Designs Act, 2000.
- The Geographical Indications of Goods (Registration and Protection) Act, 1999.
- The Semiconductor Integrated Circuits Layout Design Act, 2000.
- The Protection of Plant Verities and Farmers’ Rights Act, 20001 etc.
All the rights are highly susceptible to violations through computers and the internet. Even intellectual properties related to computer innovations are highly vulnerable to cybercrimes, specifically copyrights in computer software, Domain names in Trade Marks, etc.
In Yahoo Inc. v. Akash Arora (1999 Arb. L.R. 620 (Delhi High Court))
Facts- This was the first case of the kind. The defendant launched a website resembling the Plaintiff’s website and provided similar services.
Delhi High Court observed that it was an effort to trade on the name and fame of the famous Yahoo trademark. Therefore, Defendant was restrained from using Yahoo’s domain name.Inc.
Similarly, in
Tata Sons Ltd. v. Arono Palmen[3]
Facts– A suit was filed by Plaintiff, a famous Tata Sons Ltd., against Defendant seeking a permanent injunction from using the domain name “www. TATAINFOTECH.IN” or from using any identical or deceptively similar name of the plaintiff.
Delhi High Court injuncted Defendant from using a domain name identical to the plaintiff’s.
- Conclusion– Despite some protections and injunctions, the Information Technology Act has not provided any strongest punishment for violating Intellectual Property rights. It needs to be amended to enforce intellectual property rights more stringently.
[1] माहिती तंत्रज्ञान
[2] Henceforth for the sake of brevity called as “the Act”.
[3] CS No. 563/2005