Contemporary Legal Issues

3.1 Right to Information (RTI) Act, 2005

• Enacted: October 12, 2005 (Observed as Information Day)
• Purpose: Citizen empowerment; first law concerning information access.
• Who can seek information? Any Indian citizen. No further qualification needed.
• Definition of "Information": All documents and other records related to a public authority. Broad definition encompassing digital formats (documents, records, memos, press releases, emails, office orders, logbooks, etc.).

Rights under RTI:

• Examine files and documents.
• Extract notes.
• Obtain certified copies (crucial for proving ownership, etc.).
• Obtain certified samples of materials used in government work (promotes transparency).
• Obtain hard and soft copies of electronic information.

Application Process:

• Written application: No specific format required; assistance available from Information Officers if needed.
• Nominal fee: Waived for BPL (Below Poverty Line) individuals.
• Reason not required: Applicant need not state reason for information request.
• Personal information not required: Applicant need not disclose personal information.
• Submission: To Public Information Officers (PIOs).

Public Authority:

• Institutions established under a special Act of Parliament.
• Bodies established by State Legislative Assemblies.
• Institutions fully or partially financed by the government.
• Institution established under Constitutional .
• Institutions fully or partially owned by the government.

Duties of Public Authorities:

• Proactively disclose information to the public.
• Maintain organized records for efficient information retrieval.
• Appoint an Information Officer.
• Appellate officers are provided for appeals.

Processing of Applications:

• Transfer: Applications incorrectly filed are transferred to the relevant department within 5 days.
• Rejection: Applications concerning national security, foreign government confidences, information prohibited by law, or court orders are rejected. Written reasoning for rejection is mandatory.
• Appeals: Available if the applicant is dissatisfied with the provided information or rejection. Appellate officers guide the appeal process.

Time Limits:

• General information: 30 days
• Life and death matters: 48 hours
• Third-party information: 40 days (30 + 10)
• Transferred applications: 35 days (30 + 5)

Third Party:

• A person or organization requesting information about another person or organization (other than the citizen/applicant and the public authority).

Information not accessible under RTI:

• Information affecting sovereignty, integrity, and security of the country.
• Information prohibited by law or court order.
• Information infringing parliamentary or state assembly privileges.
• Cabinet documents.
• Information infringing copyright.
• Information covered by the Official Secrets Act.
• Information affecting trade competitiveness or business activities (related to trade secrets under IPR).
• Information held by security and investigating agencies.
• Information held in confidence with foreign governments.

Appeals:

• Reasons for appeal: Non-provision of information, delays exceeding time limits, incorrect information, unjustified rejection, or excessive charges.
• Appeal to: Appellate Officer (30 days) then State Information Commissioner (90 days). The State Information Commissioner's decision is final.

Penalties:

• ₹250 per day, increasing by ₹50 per day, up to a maximum of ₹2500.

3.2 Cyber Laws

• Definition: Crimes involving computers or the internet. Includes instances where internet use facilitates other crimes.
• Jurisdictional challenges: Cybercrimes often transcend national boundaries. International treaties address this.
• Common cybercrimes:
  • Criminal Hacking: Unauthorized access to a computer system and extraction or deletion of information. (Ethical hacking exists for good purposes).
  • Salami Attack: Small amounts of money are stolen from many accounts simultaneously, often unnoticed.
  • Phishing & Vishing: Threatening messages (text/email - phishing) or calls (vishing) to extort information or money.

3.2 Cyber Laws & IT Act (Partial)

3.2.1 Cyber Crimes:

• Definition: Crimes involving computers or the internet, including those facilitated by internet use.
• Jurisdictional Challenges: Often transcend national borders; addressed through international treaties.
• Common Cybercrimes:

Cybercrime Type	Description
Criminal Hacking	Unauthorized access to a computer system; information extraction or deletion. Ethical hacking exists for legitimate purposes.
Salami Attack	Stealing small amounts from many accounts simultaneously, often unnoticed.
Phishing	Extorting information or money via threatening text messages or emails.
Vishing	Extorting information or money via threatening phone calls.
Cyber Squatting	Registering domain names of established companies and selling them back at inflated prices.
Botnet	Attaching a computer to a network of other compromised computers for malicious use.
Spoofing	Stealing a computer's identity and misusing it.
Virus	Malicious software program designed to attack computers; deleting or stealing information.
Website Defacement	Accessing a website and posting illegal or illicit content.
Cyber Defamation	Defamation committed using a computer.
Cyber Threatening/Denial of Service	Threatening to prevent someone from using services they are entitled to.
Piracy	Unauthorized copying and use of copyrighted material.
Cyber Terrorism	Terrorism using the internet or computers; threats to national unity, integrity, and security.

3.2.2 Information Technology Act (2000):

• Objectives:
  • Legal recognition of electronic documents and digital signatures. (Amended in 2009 to include electronic signatures).
  • Legal recognition of electronic transactions.
  • Defining cybercrimes and providing punishments.
• Scope: Applicable throughout India, but jurisdictional challenges exist; addressed through international treaties. Extra-territorial application if Indian resources are targeted from outside India (similar to Section 4, IPC).
• Key Sections & Punishments: (Specific details of punishments omitted as requested; only section numbers mentioned)
  • Section 65: Tampering with computer source documents.
  • Section 66: Hacking (includes publishing offensive information, receiving stolen computers, using others' passwords, cheating using computers, and publishing private pictures).
  • Cyber Terrorism (carries the most significant punishment under this Act).

Indian Cyber Law & Intellectual Property Rights (IPR)

4. Indian IT Act Continuation & Jurisdictional Scope:

• Applicability: Nationwide in India.
• Jurisdictional Challenges: Limited to India; needs expansion via international treaties.
• Extra-territorial application: Similar to Section 4, IPC; applies if Indian computer resources are targeted from outside India. Enforcement challenges exist if the perpetrator is outside India.
• Purpose: To define cybercrimes, provide punishments (absent before the Act), and make online legal documents admissible as evidence (broader definition in the new Indian Evidence Act). The Act covers a wide range of cybercrimes including theft of electronic information, misuse of digital signatures, and theft or purchase of stolen electronic equipment. The Act's scope is intentionally broad to adapt to future technological developments.
• Cyber Terrorism: Included in the IT Act and carries the most severe punishment. Defined as terrorism involving the internet or computers, posing a threat to India's unity, integrity, and security.
• Key Sections & Punishments: (Punishment details omitted)
  • Section 65: Tampering with computer source documents.
  • Section 66: Hacking (includes publishing offensive information, receiving stolen computers, using others' passwords, cheating using computers, and publishing private pictures).
  • Cyber Terrorism (most severe punishment).

5. Intellectual Property Rights (IPR):

• Definition: Properties generated by the human mind lacking physical existence but usable commercially (e.g., patents, copyrights, trademarks, geographical indications). An idea transformed into physical existence and registered for commercial use.
• Nature of IPR: Provides a monopoly to the creator; exclusive rights, preventing others from using the creation without permission. This is similar to the concept that if one thing is included in a set, others are automatically excluded.
• Protection & Promotion Organizations:
  • World Trade Organization (WTO)
  • World Intellectual Property Organization (WIPO)
• Agreements & Conventions:
  • TRIPS (Trade-Related Aspects of Intellectual Property Rights)
  • UCC (Universal Copyright Convention)
  • Berne Convention
  • These agreements are necessary due to the non-territorial nature of IPR. WIPO established in 1967 (UN organization).

5.1 Types of IPR:

IPR Type	Description	Protection Duration	Governing Act	Key Considerations
Patent	Protects scientific inventions (product or process).	20 years (renewable)	Patents Act 1970	Product patents allowed; process patents require international treaties. Evergreening possible with significant improvements.
Copyright	Protects artistic and literary works (literature, music, films, software code).	Lifetime + 60 years	Copyright Act 1957	Automatic; no registration needed. Concept of "copyleft" (removing copyright for public welfare).
Trademark	Unique identity for products (words, symbols, images, logos).	10 years (renewable)	Trademarks Act 1999	Broad scope.
Trade Dress	Unique outer shape and packaging of a product.	10 years (renewable)	Trademarks Act 1999	Similar to trademark, but evolved concept.
Design	Protects the aesthetic aspects of a product (shape, pattern, etc.); includes interior design.	Varies	Designs Act
Integrated Circuit	Protects the design of integrated circuits.	Varies	Semiconductor Integrated Circuit Design Act 2000	Introduced after TRIPS agreement.
Plant Variety	Protects new plant varieties developed through research.	15 years	Protection of Plant Varieties and Farmers' Right Act 2001	Granted by tribunal upon approval.
Geographical Indication (GI)	Protects products specific to a geographical location due to its climatic conditions.	Varies	N/A	Cannot be replicated outside the specific geographical area.

5.2 Traditional Knowledge:

• Excluded from IPR protection because it's pre-existing and not attributable to a single inventor (e.g., Neem, Turmeric). India maintains a database to prevent unauthorized IPR claims by others.

5.3 Intellectual Property Rights (IPR) - Continued

Continuing from the previous section on various forms of IPR, this section details further types and their characteristics:

5.3.1 Traditional Knowledge and its Protection:

• Traditional knowledge (TK) (e.g., uses of Neem, Turmeric) is excluded from standard IPR protection due to its pre-existing nature and lack of a single inventor.
• India maintains a TK database to prevent unauthorized IPR claims on traditional knowledge by others. This database allows for verification of existing knowledge before any IPR claim can be granted.

5.3.2 Trademarks:

• Definition: Any word, symbol, image, logo, etc., providing unique product identity.
• Registration: Registered with the Trademark office.
• Duration: 10 years, renewable for subsequent 10-year periods.
• Governing Act: Trademarks Act 1999
• Example: Logos, NIRMA logo, text on slides.

5.3.3 Trade Dress:

• Definition: Unique outer shape and packaging of a product providing unique identity (e.g., Coca-Cola bottle). Evolved from trademark concept.
• Registration: Similar to trademarks.
• Duration: 10 years, renewable.
• Governing Act: Trademarks Act 1999

5.3.4 Designs:

• Definition: Protects aesthetic aspects of a product (shape, pattern, etc.), including interior designs.
• Duration: Varies.
• Governing Act: Designs Act.

5.3.5 Integrated Circuits:

• Definition: Protects the design of integrated circuits.
• Duration: Varies.
• Governing Act: Semiconductor Integrated Circuit Design Act 2000 (introduced post-TRIPS agreement).

5.3.6 Plant Varieties:

• Definition: Protects new plant varieties developed through research.
• Protection: Monopoly granted by a tribunal after approval.
• Duration: 15 years.
• Governing Act: Protection of Plant Varieties and Farmers' Right Act 2001.

5.3.7 Geographical Indications (GIs):

• Definition: Protects products specific to a geographical location due to its climatic conditions (e.g., Bikaneri Bhujia, Pashmina shawls).
• Characteristics: Product quality depends on specific geographical conditions; cannot be replicated elsewhere.
• Duration: Varies.
• Governing Act: Geographical Indications of Goods (Registration and Protection) Act 1999 (previously covered under TRIPS).

Table Summarizing IPR Types and Key Features:

IPR Type	Definition	Duration	Governing Act	Key Characteristics
Trademarks	Unique identifier (word, symbol, image, etc.)	10 years (renewable)	Trademarks Act 1999	Broad scope
Trade Dress	Unique outer shape and packaging	10 years (renewable)	Trademarks Act 1999	Similar to trademark, evolved concept
Designs	Aesthetic aspects of a product (shape, pattern, interior design)	Varies	Designs Act
Integrated Circuit	Design of integrated circuits	Varies	Semiconductor Integrated Circuit Design Act 2000	Introduced after TRIPS agreement.
Plant Variety	New plant varieties developed through research	15 years	Protection of Plant Varieties and Farmers' Right Act 2001	Monopoly granted by tribunal upon approval.
Geographical Indication	Products specific to a geographical location due to its climatic conditions	Varies	Geographical Indications of Goods (Registration & Protection) Act 1999	Cannot be replicated outside the specific geographical area.