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Home > Books for Students > Patent and Trademark > Trade Mark |
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
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.
- Kerala Law Times
TABLE OF CASES XVIII
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
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
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
Introduction 149
What is linking? 149
Types of linking 150
How a link works? 151
Legal issues involved in linking 152
Conclusion 165
Introduction 166
What is framing? 167
Legal issues involved in framing 167
Conclusion 174
Metatags 175
Legal issues in metatagging 175
Conclusion 184
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
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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