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Copyright and Trademark Laws relating to Computers Copyright and Trademark Laws relating to Computers
Copyright and Trademark Laws relating to Computers
by Pankaj Jain and Pandey Sangeet Rai
Edition: 1st Edition, 2005.
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Copyright and Trademark Laws relating to Computers
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Product Details:
Format: Paperback
Pages: 288 pages
Publisher: Eastern Book Company
Language: English
Dimensions: 24.2 CM X 1.67 CM X 16 CM
Shipping Weight: 0.368
Publisher Code: B/830
Date Added: 2006-02-01
Search Category: Lawbooks
Jurisdiction: Indian
Overview:

With the advent and spread of Information Technology, there is an increasing awareness amongst the users with regard to their rights in this domain. It is now common knowledge that Intellectual Property rights exist in computers also.

This book deals with the copyright and trademark issues pertaining to computers and the Internet. Copyright disputes in the field of computer software and programs and databases have been dealt with, in detail. The author has done an extensive comparative study on the jurisdiction issues relating to intellectual property and Internet disputes.

This edition has been produced after an extensive and painstaking research. The Appendix includes relevant acts like Copyright Act, 1957, Trade Marks Act, 1999, ICANN Policy and Rules, WIPO Copyright Treaty, 1996 etc.

This well researched work will definitely prove ideal for the Judges, lawyers and law officers in this field and law students. This book will also be useful for the IT Professionals and Software Companies to make them conversant with the legal implications of events occurring in their daily work routine.

Reviews

 

  • Kerala Law Times:

 

    Copyrights and trade marks, patents, designs and other such intangible properties are the various kinds of intellectual property. With the advent of technology modern forms of intellectual property like Semi Conductor Chips, Protection of Plant Varieties, Data Protection, Protection of geographical etc. came into being. The world has witnessed the growing importance of affairs relating to the computer. It accumulates comprehensive data of both general and confidential nature, which can be viewed through the internet from any country across the world. Some of the IPR issues which are faced in e-commerce are, domain names, protection of copyright and related rights, patents and patentable subject matters, trade marks and unfair patents, online service providers liability and counterfeit products, hyperlinking, music and audio visual works, piracy and data protection issues. Courts are however finding it difficult to resolve disputes of copyrights and trade marks in computers. Courts often have to rely on their own interpretations of existing statutes to make them applicable to each disputes. The learned authors have endeavored to supply basic information to all those who are interested in intellectual property and e-commerce. This edition has been published after extensive and pains taking research. Appendix includes relevant Acts like Copyrights Act, 1957, and Trade Marks Act, 1999, ICANN Policy and Rules, WIPO Copyright Treaty, 1996 etc. This work will prove ideal for Judges, Lawyers and law officers in this field, law students I.T. Professionals and software companies.

Table Of Contents:
                   TABLE OF CASES XVIII

I. Introduction
                       Basic concept and the nature of intellectual property 2
                       What is Intellectual property law 4
                       Intellectual property in Computers 5
                       Evaluation of the legal frame work in new or
                       existing intellectual property laws by various countries 10

II. Copyright and the Computers
                       Definition 51
                       Meaning of Copyright 13
                       Computer Software/Program and Copyright 14
                       Databases 44
                       Copyright and the Internet 54
                       Who is liable for copyright infringement? 62
                       Defences available in infringement disputes
                       relating to the copyrighted work 73
                       European Union Directives 81
                       International scenario 82
                       Conclusion 86

III.Domain Names and Intellectual Property
                       Introduction 88
                       Domain names 89
                       Domain name and the trademark 95
                       Domain name disputes 98
                       Types of Domain Name Disputes 99
                       Liability of domain name registrant 136
                       ICANN 137
                       Leading cases decided by WIPO 141
                       Conclusion 147

IV. Linking
                       Introduction 149
                       What is linking? 149
                       Types of linking 150
                       How a link works? 151
                       Legal issues involved in linking 152
                       Conclusion 165

V. Framing
                       Introduction 166
                       What is framing? 167
                       Legal issues involved in framing 167
                       Conclusion 174

VI. Metatagging
                    Metatags 175
                       Legal issues in metatagging 175
                       Conclusion 184

VII. Cyber Jurisdiction in Intellectual Property
                     Introduction 186
                        Jurisdiction 187
                        What is personal jurisdiction? 188
                        Internet Jurisdiction 189
                        Cases of cyberspace jurisdiction 191
                        Cyber jurisdiction in international cases 201
                        Indian Scenario 204
                        Conclusion 213

APPENDICES
                        1. WIPO Copyright Treaty, 1996 (Extracts)215
                       2. ICANN Uniform Domain Name Dispute Resolution Policy 218 
                       3. ICANN Rules for Uniform Domain Name Dispute Resolution Policy 224
                       4. Digital Millennium Copyright Act of 1998 (Extracts) 235
                       5. Indian Internet Domain Name Dispute Resolution Policy 248
                       6. Trade Marks Act, 1999 (Extracts) 251
                       7. Copyright Act, 1957  Extracts) 259
                   GLOSSARY271
                   SUBJECT INDEX 283

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