Intellectual Property Rights Protection in Cyberspace: An Indian Perspective

Intellectual Property Rights Protection in Cyberspace: An Indian Perspective

Manjula Raghav, Nisha Dhanraj Dewani
Copyright: © 2020 |Pages: 14
DOI: 10.4018/978-1-7998-2367-4.ch010
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Abstract

Development and advancement in information technologies have paved the path for many challenges for the intellectual property rights holders. There are several forms of cybercrimes such as pornography, stalking, cyber fraud, cyber terrorism, etc., that are affecting people, hurdling e-commerce, challenging law, and disturbing the channel of information and communication. No doubt that cybercrimes are offences where the computer is the means of the commission of the offence as well as a target of the offence. Apparently, such offences are generated through electronic means where mens rea has no role to play. This unruly horse is creating several problems in the world of intellectual property, which has the capacity to affect global commerce. This chapter will focus on Indian case laws to showcase the interface between IPR and cyberspace. Also the dealing of issues like cybersqatting, cyberbullying, cyber theft will be discussed in order to check the competency of IPR.
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International Instruments For Protecting Intellectual Property Rights In Cyberspace

There are several international treaties and conventions have taken place for the protection and progress of intellectual property rights. However, there is no specific or particular treaty or convention on IPR in Cyberspace although these treaties can be applied in this context. They are capable of providing international standards for protection and progress of IPR in Cyberspace. These treaties as follows:

  • 1.

    The Paris Convention was adopted in 1883 for protecting industrial property.

  • 2.

    The Berne Convention was adopted in 1886 to provide protection to literary and artistic works.

  • 3.

    WIPO Copyright Treaty (WCT) and WIPO Performance and Phonograms Treaty (WPPT) are known as WIPO Internet Treaties.

  • 4.

    Patent Cooperation Treaty (PCT).

  • 5.

    Trade Related Aspects of Intellectual Property (TRIPS).

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