Page 1 of 12
European Journal of Business &
Social Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 07 Issue 04
April 2019
Available online: https://ejbss.org/ P a g e | 2399
IPR Issues in Cyberspace
POOJA
Research Scholar (UGC NET)
dbs22071968@gmail.com
Phone: +91-9466022550
Abstract: The global economic development has been derived through Internet as a global
medium. Internet provides new intellectual property rights and branding opportunities for
conducting business globally and making it accessible to the consumers world-wide at
affordable price. Again, it has also created new areas for various kinds of Intellectual
Property Rights (IPR) infringement, disputes, cyber offences etc. In recent years, there has
been much publicity about the unlawful distribution of intellectual property-protected music,
films, art, photos, scripts, and software (content) on the Internet. These unauthorized
downloads often violate national laws of copyright. Because of the ease with which digital
files can be downloaded, unauthorized copying of content has been a major problem causing
the loss of millions of dollars in revenue for the owners of these rights. The need of the hour
is to do special efforts to fight such illegal activities to enhance the potential of IT sector in
India. In order to keep the legal regime side by side with this change in the society, the Indian
Parliament legislated the Information Technology Act, 2000. This paper attempts to provide
an insight to the major issues being faced by India in the cyber space with respect to
intellectual property rights and the recent laws to safeguard these rights thereto.
INTRODUCTION:
In the present era, Internet has come up as a global mean to drive global economic
development. Internet provides new intellectual property rights and branding opportunities
for spreading and conducting business globally and making it accessible to the consumers
world-wide at affordable price. Again, it has also created new opportunities for various kinds
of Intellectual Property Rights (IPR) infringement, disputes, cyber offences etc. India’s
growth in the internet space has been appreciable. India has made a huge growth in
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European Journal of Business &
Social Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 07 Issue 04
April 2019
Available online: https://ejbss.org/ P a g e | 2400
Information and Software Technology and is having compounded growth of more than 25%
every year. However, the increasing use of Information Technology (IT), brings with it new
challenges and threats like security threat, including data theft, piracy, hacking, identity theft,
violation of intellectual property rights, etc. The need of the hour is to do special efforts to
fight such illegal activities to enhance the potential of IT sector in India. In order to keep the
legal regime side by side with this change in the society, the Indian Parliament legislated the
Information Technology Act, 2000.
INTELLECTUAL PROPERTY RIGHTS OVER INTERNET
Most of the corporate Intellectual Properties are held in the digital form, Internet provides
access of all the IPR resources at affordable price to public at large. However, infringement
of IPR is also possible through internet, particularly; copying of Copyright material is very
easy and simple. Internet is being termed as the world’s biggest copying machine. In India
there are specific legislations to deal with various kinds of IPR infringement however these
legislations are not capable enough to deal with some of copyright violations in modern era.
The Copyright Act, 1957 provides the prohibition to reproduce the copyrighted work in any
material form including the storing of it in any medium by electronic means, by any
unauthorized person but is not capable to deal with illegal duplication, importation,
distribution and sale of pirated music as it becomes difficult to trace the location of
information copied.
In the recent era, where the major function of internet is sharing of information among
people, the peer-to-peer file sharing services provided by various websites, linking, deep
linking, framing and other innovations which have changed the way people share information
over the world wide web, have given rise to a legal controversy. While the users downloading
software, music, computer games and other copyrighted material are held liable for direct
copyright infringement, the service providers go scot free as the existing Copyright Act has
no provision for making a service provider liable in such a situation. For tracking down
copies of work that infringes IPRs, identifying the infringer and litigating in each concern
jurisdiction, one has to spend a lifetime and fortune.
The Indian Copyright Act, 1957 and the IT Act, 2000 protects the computer software and
other copyright issues over internet. While the Copyright Act grants protection to the
Page 3 of 12
European Journal of Business &
Social Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 07 Issue 04
April 2019
Available online: https://ejbss.org/ P a g e | 2401
computer program as it is granted to other forms of copyrighted work, the technological and
complex nature of the computer programs calls for technically effective protection.
The Indian Copyright Act, 1957 protects computer software along with other forms of
copyrighted work. The Copyright Act includes computer programs in literary works and
gives the general exclusive rights provided to other literary works as well as it grants
extraordinary exclusive rights to the owners of the computer programs like right to sell or
offer for sale, and the right to give on commercial rental or offer for commercial rental. The
Act has also exempted computer programs from ‘fair dealing exception’ (i.e. private use for
research, criticism or review of that work or any other work) which is available in case of
other copyright works.
The IT Act, 2000 provides for punishment for tampering with the ‘source code’ of a
computer program but this protection applies to computer source codes ‘which are required to
be kept or maintained by law for the time being in force’. Hence, the protection accorded by
the IT Act is only for ‘source code’ of computer programs of government agencies and the
‘source code’ of computer programs of private users still stand unprotected.
DATA PROTECTION AND CYBERCRIMES
Internet technology provides for storing a large number of personal Data. But this also creates
a possibility of a threat to the privacy of a cyber consumer. With the increase in online
service provider companies in India, misusing the personal data of a cyber consumer has
become a major problem. However, we lack any specific legislation to protect the personal
data of a person though to a little extent protection may be given under the Copyright Act,
1957.
Countries like US and EU are having strict policies relating to privacy and protection of
personal data. Moreover, it is very important for India, to promote the inflow of foreign
investments and other business opportunities, to have specific data protection and privacy
laws. Though, The Information Technology Act protects privacy rights of personnel only
from government action and it is unclear if such protection can be extended to private actions
as well.
The absence of data protection and privacy law has also been creating obstacles for Indian
companies while dealing with the EU as the data protection directives require a very high
level of protection. India needs to adapt to the changing needs of the time and provide for a
comprehensive data protection regime which will not only help in gaining confidence in
