Cyber integrity and Rules Framed

• 06 June, 2017
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Cyber Security

Cyber Security and Cyber Laws

With the rapid pace of globalization and the pervasive growth of technology in the modern era, the threats to networks, computers, and software systems have increased significantly. Advanced techniques and continuous technological innovations, while beneficial, have also expanded the scope of cyber threats. Unauthorized access, virtual attacks, and the resulting damage are consequences of compromised cybersecurity systems.

To address these challenges and protect users from malware, data breaches, and system disruptions, the Indian Government has enacted several cyber laws aimed at strengthening cybersecurity and ensuring safer digital environments.

Intellectual Property Rights (IPR)

Intellectual Property Rights are legal rights granted to individuals for creations derived from their intellectual effort and creativity. These rights protect works in fields such as literature, music, art, inventions, and scientific discoveries, allowing creators to commercially exploit their work while preventing unauthorized use.

IPR grants creators exclusive rights over their work for a limited duration, ensuring a balance between innovation and public interest. These rights safeguard creators from misuse, reproduction, or exploitation of their work without prior consent.

According to the World Intellectual Property Organization (WIPO), the following activities fall under Intellectual Property Rights:

• Industrial designs
• Scientific discoveries
• Protection against unfair competition
• Literary, artistic, and scientific works
• Inventions in all fields of human endeavour
• Performances of performing artists, phonograms, and broadcasts
• Trademarks, service marks, commercial names, and designations
• All other rights resulting from intellectual activity in industrial, scientific, literary, or artistic fields

Copyright

Copyright refers to a bundle of legal rights granted to creators of literary, dramatic, musical, and artistic works, as well as producers of cinematograph films and sound recordings. These rights include reproduction, communication to the public, adaptation, and translation of the work.

In India, copyright protection is governed by the Copyright Act, 1957, which came into force on 21 January 1958 and was significantly amended by the Copyright (Amendment) Act, 2012. The scope and duration of copyright protection vary depending on the nature of the work.

Copyright Act, 1957

The Copyright Act, 1957 provides three types of remedies against infringement:

• Administrative Remedies: Detention of infringing goods by customs authorities
• Civil Remedies: Injunctions, damages, and account of profits (Chapter XII)
• Criminal Remedies: Imprisonment up to three years and/or a fine up to ₹2,00,000 (Chapter XIII)

These remedies ensure comprehensive protection of copyrighted works.

Information Technology Act, 2000 – An Inside Look

The Information Technology Act, 2000 (IT Act) is India’s primary legislation dealing with cybercrime and electronic commerce. Sections 91 to 94 of the Act originally amended four statutes:

• Indian Penal Code, 1860
• Indian Evidence Act, 1872
• Bankers’ Books Evidence Act, 1891
• Reserve Bank of India Act, 1934

These sections were later omitted, but their effects remain embedded through schedules.

Structure of the IT Act

• Chapter I: Preliminary provisions including title, extent, and definitions
• Chapter II: Authentication of electronic records and electronic signatures
• Chapter XI: Offences and penalties related to cybercrime
• Other Chapters: Due diligence, intermediary liability, and miscellaneous provisions

The Act contains two schedules:

• First Schedule: Documents or transactions to which the Act does not apply
• Second Schedule: Electronic signature or authentication techniques
  (The Third and Fourth Schedules have been omitted.)

Overview of the Information Technology Act, 2000

The IT Act, 2000 (Act No. 21 of 2000), notified on 17 October 2000, is based on the UNCITRAL Model Law on Electronic Commerce, 1996. It provides legal recognition to electronic records and digital transactions, facilitating the growth of e-commerce and strengthening cyber law enforcement in India.

Scheme of the IT Act

The Act introduced amendments through four schedules:

• First Schedule: Expanded the definition of “document” in the Indian Penal Code to include electronic documents
• Second Schedule: Included electronic records within the definition of evidence under the Indian Evidence Act
• Third Schedule: Amended the Bankers’ Books Evidence Act to include electronic records and printouts
• Fourth Schedule: Amended the Reserve Bank of India Act to regulate electronic fund transfers

Salient Features of the IT Act

• Replaced digital signatures with electronic signatures for technological neutrality
• Clearly defines cyber offences, penalties, and breaches
• Establishes mechanisms for adjudication of cyber disputes
• Defines cyber cafés and regulates their operations
• Provides for the Cyber Regulations Advisory Committee
• Ensures overriding effect under Section 81 over inconsistent laws

Conclusion: Intellectual Property in Cyberspace

With the continuous evolution of cyber threats, the virtual marketplace faces increasing challenges in maintaining originality, security, and trust. To protect intellectual property and ensure the effective functioning of e-commerce and cybersecurity systems, strict compliance with cyber laws is essential.

Every technological innovation encounters new threats, and the internet has transformed traditional markets into virtual platforms. To safeguard business interests and promote secure digital commerce, it is vital to establish strong intellectual property management and protection mechanisms within cyberspace.