Cyber Law And Intellectual Property

Cyber Law And Intellectual Property

An important part of cyber law is intellectual property. Intellectual property can include areas like inventions, literature, music, and businesses. It now includes digital items that are offered over the internet. IP rights related to cyber law generally fall into the following categories:

Copyright 

This is the main form of IP cyber law. Copyrights  provide protection to almost any piece of IP you can transmit over the internet. This can include books, music, movies, blogs, and much more.

Patents

Patents are generally used to protect an invention. These are used on the internet for two main reasons. The first is for new software. The second is for new online business methods.

Trademarks/Service Marks

Trademarks and service marks are used the same online as they are in the real world. Trademarks will be used for websites. Service marks are used for websites that provide services.

Trade Secrets

Trade secret laws are used to protect multiple forms of IP. This includes formulas, patterns, and processes. Online businesses can use trade secrets protections for many reasons. However, it does not prevent reverse engineering.

Domain Disputes

This is related to trademarks. Specifically, domain disputes are about who owns a web address. For instance, the person who runs a website may not be the person who owns it. Additionally, because domains are cheap, some people buy multiple domains hoping for a big payday.

Contracts

Most people don’t think contracts apply online. This is not the case. For example, when you register for a website, you usually have to agree to terms of service. This is a contract.

Privacy

Online businesses are required to protect their customer’s privacy. The specific law can depend on your industry. These laws become more important as more and more information is transmitted over the internet.

Employment

Some employee contract terms are linked to cyber law. This is especially true with non-disclosure and non-compete clauses. These two clauses are now often written to include the internet. It can also include how employees use their company email or other digital resources.

Defamation

Slander and libel law has also needed updating because of the internet. Proving defamation was not altered substantially, but it now includes the internet.

Data Retention

Handling data is a primary concern in the internet age. An area where this has become a big issue is in terms of litigation. In lawsuits, it is now common to request electronic records and physical records. However, there are no current laws that require keeping electronic records forever. This is not true for physical records.

Jurisdiction 

Jurisdiction is a key part of court cases. Cyber crime has complicated this issue.

Protecting IP can be difficult over the internet. An example of this would be the popularity of pirated movies and music. Each business that relies on the internet needs to develop strategies for protecting their IP. Governments can also take part in this process. In 1999, India did just this by updating their IP laws.

Article By – Harshita C. Jadhav

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