Module 8- IT and IPR

Dr. Shivangi Sinha

[PhD, LLM, BBA LLB]
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Contents:-

 IT and IPR : Laws relating to Trademark, Copyrights, Designs,

Trade Secrets & Patents,

 IPR Procedures & documentation,

 Non-Disclosure/Confidentiality agreements,

 Trade Secrets Vs. Patents,

 IPR protection & infringements and enforcements.

 Overview of IT Law, Jurisdiction, Penalties and Offences

 1. IT and IPR : Laws relating to Trademark, Copyrights,
z Designs, Trade Secrets & Patents

 With the rapid growth of the digital world, intellectual property

rights (IPR) face new challenges like online piracy, unauthorized
distribution, and digital theft.

 In India, the Information Technology Act, 2000 (IT Act) plays a key
role in protecting intellectual property in the digital space.

 Intellectual Property Rights (IPR), encompassing patents,

copyrights, trademarks, and trade secrets, are crucial in the
Information Technology (IT) sector, protecting innovations and
creations in software, data, and technology.
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Importance of IPR in IT:-
Protecting Innovation:

• IPR allows creators and innovators to benefit from their work, encouraging
further development and investment in the IT sector.

Business Competitiveness:

• Protecting IPR can give businesses a competitive edge, allowing them to

differentiate their products and services.

Revenue Generation:

• IPR can be a valuable asset, generating revenue through licensing fees, sales,
and other forms of monetization.

Legal Protection:

• IPR provides legal protection against unauthorized use, copying, or infringement

of intellectual property.
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Examples of IPR in IT:-

• Software: Copyright protects the source code and functionality of

software programs.

• Databases: Database rights protect the compilation of data,

while copyright protects the underlying data itself.

• Algorithms: Patents can protect novel algorithms and processes.

• Websites: Trademarks protect brand names and logos used on

websites, while copyright protects the content and design of the
website.

• Data: Trade secrets can protect confidential data and information

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Laws relating to Trademark, Copyrights,
Designs, Trade Secrets & Patents:-

 In India, intellectual property rights are protected by laws including the

Trademarks Act, 1999, the Copyright Act, 1957, the Designs Act, 2000, and
the Patents Act, 1970, each addressing different types of creations and
inventions.

1. Trademarks:

• Protection: The Trademarks Act, 1999, protects brand names, logos, and
other distinctive marks used to identify and distinguish goods and services.

• Duration: Trademark registration is valid for 10 years and can be renewed

indefinitely.

• Purpose: To prevent others from using similar marks that could cause
confusion in the marketplace.
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2. Copyright:

• Protection: The Copyright Act, 1957, protects original works of authorship, including
literary, dramatic, musical, and artistic works.

• Duration: The protection for written, visual, and performing works lasts for the lifetime of
the author plus 60 years after their passing. Sound recordings and motion picture
creations are shielded for 60 years following the year of publication.

• Purpose: To ensure that creators have the exclusive right to control the reproduction,
distribution, and adaptation of their works.

3. Designs:

• Protection: The Designs Act, 2000, protects the aesthetic appearance of products, such
as their shape, configuration, or pattern.

• Purpose: To encourage innovation and creativity in the design of products.

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4. Patents:

• Protection: The Patents Act, 1970, protects inventions, including processes, products, and methods
of manufacturing.

• Duration: The typical patent term in India is 20 years from the filing date.

• Purpose: To incentivize innovation and encourage the development of new technologies.

5. Trade Secrets:

• Protection: While there is no specific legislation for trade secrets in India, they are protected under
common law and contractual obligations.

• Duration: Trade secrets are protected as long as they are kept confidential and not publicly known.

• Purpose: To protect confidential business information that gives a company a competitive

advantage.

In India, trademarks are valid for ten years from the date of registration and can be renewed
indefinitely. As long as they are kept secret, trade secrets are valid forever in India. The typical patent
term in India is 20 years from the filing date. The duration of copyright protection varies by type of work
in India
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2. IPR Procedures & Documentation:-

 Intellectual Property Rights (IPR) documentation refers to the legal

documents that prove ownership or rights for creations of the mind,
such as inventions, literary and artistic works, and trademarks.

What is IPR Documentation?

• Definition: IPR documentation encompasses documents that

establish ownership or rights related to intellectual property,
including patents, copyrights, trademarks, and other forms of IP
protection.

• Purpose: These documents are crucial for proving ownership,

enforcing rights, and potentially earning recognition or financial
benefits from creations.
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Types of IPR:-

IPR encompasses various forms, including:

• Patents: Rights granted to inventors for inventions, requiring novelty, non-obviousness, and
industrial applicability.

• Copyright: Legal rights granted to creators of original works, such as literary, dramatic, musical,
and artistic works.

• Trademarks: Distinctive signs, designs, or expressions used to identify and distinguish goods or
services.

• Industrial Designs: The visual appearance of a product, including features like shape,
configuration, pattern, and color.

• Geographical Indications: Indications that identify goods as originating from a specific

geographical location.

• Layout Designs of Integrated Circuits: Protection for the layout design of integrated circuits.

• Trade Secrets: Confidential information that gives a business a competitive advantage.

• Plant Varieties: Protection for new plant varieties.

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Importance of IPR Documentation:

• Proof of Ownership: IPR documentation serves as evidence of

ownership or rights to intellectual property.

• Enforcement of Rights: It's crucial for enforcing IPR in case of

infringement or disputes.

• Commercialization: IPR documentation is essential for commercializing

inventions and creations, enabling inventors to reap financial benefits.

• Protection of Innovation: It encourages innovation by providing

creators with the means to protect their creations and reap the rewards
of their work.
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Agreements:-

 A Non-Disclosure Agreement (NDA), also known as a Confidentiality Agreement,

is a legally binding contract that protects sensitive information, including intellectual property
(IPR), by preventing the unauthorized disclosure or use of that information.

Key Elements of a Non-Disclosure Agreement (NDA):

• Definition of Confidential Information: Clearly outlines what information is

considered confidential, including trade secrets, proprietary data, and
intellectual property.

• Scope of Confidentiality: Specifies the purpose for which the confidential

information can be used and any limitations on its use.

• Obligations of the Receiving Party: Defines the obligations of the party

receiving the confidential information, such as not disclosing it to unauthorized
individuals or using it for purposes other than those agreed upon.
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• Exclusions from Confidential Treatment: Identifies any information that is not

considered confidential, such as information already in the public domain.

• Term of the Agreement: Specifies the duration for which the confidentiality obligations
remain in effect.

• Remedies for Breach: Outlines the consequences for violating the agreement, such as
legal action or monetary damages.

• Parties Involved: Clearly identifies the parties entering into the agreement.

Types of NDAs:

• Unilateral: One party discloses confidential information to the other, who is obligated to
keep it secret.

• Bilateral: Both parties agree to keep each other's confidential information secret.

• Multilateral: More than two parties agree to keep each other's confidential information
secret.
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Why use an NDA?

• Protect Trade Secrets: NDAs help protect valuable trade secrets and
prevent competitors from gaining access to confidential information.

• Safeguard Intellectual Property: They safeguard intellectual

property, such as inventions, designs, and software, from unauthorized
use or disclosure.

• Maintain Competitive Advantage: By protecting confidential

information, NDAs help businesses maintain a competitive edge in the
marketplace.

• Protect Sensitive Data: They protect sensitive data, such as

customer lists, financial information, and business strategies, from
being leaked.
 4. Trade Secrets Vs. Patents:-
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 Patents and trade secrets are both forms of intellectual property protection, but they differ
significantly in how they are obtained, what they protect, and how long the protection
lasts. Patents protect inventions by granting exclusive rights for a limited time (typically 20
years), while trade secrets protect confidential information, such as formulas or processes,
indefinitely as long as they remain secret.

Patents:

• What they protect: Novel, useful, and non-obvious inventions or processes.

• How they are obtained: By filing a patent application with a patent office and undergoing
an examination process.

• Public disclosure: Patent applications and granted patents are public records, meaning the
invention is disclosed to the public.

• Duration of protection: Typically, 20 years from the filing date.

• Cost: Patent applications and maintenance can be expensive, involving fees and legal costs.

• Examples: A new drug, a novel manufacturing process, or a specific type of software

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Trade Secrets:

• What they protect: Confidential information that gives a business a competitive

advantage, such as formulas, processes, customer lists, or designs.

• How they are obtained: By taking reasonable measures to maintain the secrecy
of the information.

• Public disclosure: Trade secrets are not disclosed to the public, and their
confidentiality is key to protection.

• Duration of protection: Indefinite, as long as the information remains a secret.

• Cost: Maintaining a trade secret is generally less expensive than obtaining and
maintaining a patent, as there are no filing fees or legal processes.

Examples: The Coca-Cola formula, the KFC secret recipe, or the algorithm for
Google's search rankings.
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5.IPR Protection & Infringements and
Enforcements:-
 Intellectual Property Rights (IPR) protection and enforcement are crucial for
safeguarding creators' and innovators' interests, preventing unauthorized use or
duplication of their creations, and fostering innovation.

1. What are IPRs?

• IPRs are legal rights granted to creators and inventors to protect their creations,
which can include inventions, trademarks, designs, creative content, and other
intangible assets.

• They provide exclusive rights to use, distribute, and profit from their creations.

• Examples of IPRs include patents (for inventions), copyrights (for creative

works), trademarks (for brands), and trade secrets (for confidential information).
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2. Why is IPR Protection Important?

• Encourages Innovation: IPRs incentivize creators and inventors to invest

time and resources in developing new products, services, and technologies.

• Promotes Economic Growth: Strong IPR protection can lead to increased

investment, job creation, and economic competitiveness.

• Protects Creators' Rights: IPRs ensure that creators receive recognition

and compensation for their work, preventing others from unfairly benefiting
from their creations.

• Facilitates Fair Trading: IPRs help to establish a level playing field in the
marketplace, preventing unfair competition and promoting fair trading
practices.
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Continued:-

3. What is IPR Infringement?

• IPR infringement occurs when someone uses, copies, or distributes

a protected creation without the permission of the rights holder.

• Examples of infringement include counterfeiting, piracy, and

unauthorized use of trademarks, patents, or copyrighted material.

• Infringement can have significant economic consequences for rights

holders, undermining their investments in innovation and
marketing.
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4. How are IPRs Enforced?

• Legal Action:-Rights holders can take legal action against infringers to stop the
infringement and seek remedies, such as damages or injunctions.

• Civil and Administrative Procedures:-IPR enforcement can involve both civil

and administrative procedures, depending on the type of IPR and the jurisdiction.

• Border Measures: Customs authorities can play a role in enforcing IPRs by

preventing the import or export of infringing goods.

• Criminal Procedures: In some cases, IPR infringement can be a criminal

offense, leading to fines or imprisonment.

• International Agreements: International agreements, such as the TRIPS

Agreement, establish minimum standards for IPR protection and enforcement.
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• Complexity: IPR law can be complex, and navigating it requires

specialized knowledge and expertise.

• Geographical Scope: IPR protection and enforcement can vary

across different countries and jurisdictions.

• Evolving Landscape: The digital environment and globalization

have created new challenges and opportunities for IPR protection and
enforcement.

• Importance of Education and Awareness: Educating the public

and stakeholders about IPRs is crucial for promoting respect for
intellectual property and preventing infringement.
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6. Overview of IT Law, Jurisdiction, Penalties and
Offences :-

 The Information Technology Act, 2000 (IT Act) in India addresses cybercrimes,
offering legal recognition to electronic documents and digital signatures, and
outlines offences and penalties for cyber-related activities, including jurisdiction
for cybercrime cases.

 Objectives: The IT Act aims to provide legal recognition to e-commerce and

facilitate the storage of electronic records by the government.

 Jurisdiction: The IT Act applies to offences committed outside India if the act
involves a computer, system, or network located in India.

 Jurisdiction for cybercrime cases is determined by the location of the computer

or network involved, or the location of the victim.
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Continued:-

 Amendments: The IT Act has been amended, including the Information

Technology Amendment Act, 2008, which expanded the definition of
cybercrime and added new penalties for various offences.

 Digital Signatures: The IT Act provides legal recognition for digital

signatures, ensuring the validity of electronic contracts and transactions.

 Electronic Records: The Act also addresses the security and

admissibility of electronic records in legal proceedings.
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Offences and Penalties:
 Section 43: Penalties for accessing, damaging, or disrupting computer systems, networks, or data
without authorization, including penalties for introducing viruses or causing denial of access.

 Section 65: Penalties for tampering with computer source documents, including imprisonment and
fines.

 Section 66: Penalties for hacking or other computer-related offences.

 Section 66A: (Repealed) Penalties for sending offensive messages through communication services.

 Section 66B: Penalties for dishonestly receiving stolen computer resources or devices.

 Section 66C: Penalties for identity theft.

 Section 66D: Penalties for cheating by impersonation.

 Section 66E: Penalties for capturing, publishing, or transmitting images of a private area of a person
without consent.

 Section 67: Penalties for publishing or transmitting obscene material in electronic form.
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Thank you…!!