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Interface Between Technology and Law: Moving Towards Digital India

This document is the introduction to a paper titled "IPR in Cyberspace" presented at an international conference on the interface between technology and law in India. The paper discusses how both intellectual property law and cyber law have been impacted by new technologies and the growth of the internet. It notes that key issues like copyright infringement and domain name violations occur online but current laws do not adequately address protecting intellectual property in cyberspace. The introduction argues that a special legislation is needed to properly enforce intellectual property protection on the internet.

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aruba ansari
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178 views

Interface Between Technology and Law: Moving Towards Digital India

This document is the introduction to a paper titled "IPR in Cyberspace" presented at an international conference on the interface between technology and law in India. The paper discusses how both intellectual property law and cyber law have been impacted by new technologies and the growth of the internet. It notes that key issues like copyright infringement and domain name violations occur online but current laws do not adequately address protecting intellectual property in cyberspace. The introduction argues that a special legislation is needed to properly enforce intellectual property protection on the internet.

Uploaded by

aruba ansari
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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INTERNATIONAL CONFERENCE

ON
Interface between Technology and Law:
Moving towards Digital India
[5th November, 2018]

TITLE: IPR IN CYBERSPACE

Author: Aruba Ansari


BA.LLB 7th Semster
+919760201966
[email protected]
Glocal Law School, Mirzapur Pole, Saharanpur

Co-author: Mohan Kumar Pal


BA..LLB 7th Semster
+918384842578
[email protected]
Glocal Law School, Mirzapur Pole, Saharanpur

1|Page
Keywords: Cyber Law, Cyber-squatting, Copyright, Trademark, Patent, IPR issues and
challenges.

Intellectual property (IP) is a longstanding field of legal practice that traces its roots back
to the U.S. Constitution and before. Cyber law, by contrast, is a very new area of law that
combines innovative legal theories with new takes on traditional doctrine. Both have been
significantly impacted by the development of new technology and the growth of the Internet.
So, for example, copyright questions have been complicated by Internet users’ ability to
readily reproduce material online, and criminal law has developed to respond to the wide range
of offenses that can now be committed online. Both IP and cyber law, therefore, are now
expanding fields of increasing importance. There are opportunities for students and lawyers
interested in these issues in many practice settings, ranging from registering patents to antitrust
litigation to criminal prosecutions to policy work. IP and cyber law attorneys work in
government, nonprofits, the private sector, and abroad. Often they work at the cutting edge of
technological or legal developments and engage with some of today’s most pressing issues.
They defend the patents of the world’s largest, most innovative companies and protect the
rights of the general public; they work for large, high profile law firms and for small NGOs.

Information Technology Act 2000 does not mention a single word about Intellectual
Property protection while Infringement of IPR is one of the most challenging area in
cyberspace. As well as Copyright and Domain names violations do occur on the internet but
Copy Right Act 1957 & Trade Mark Act 1999 are silent on that which specifically deals with
the issue. Therefore we have no enforcement machinery to ensure the protection of domain
names on net. Time has come where we must enact special legislation for the protection of
Intellectual property in cyberspace. The paper provides an overview of the major IP and cyber
law issue areas.

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