el7eetan: IT Law

الجمعة، 22 مارس 2013

What is intellectual property law?

Intellectual property is that area of law which concerns legal rights associated with creative effort or commercial reputation and goodwill. The subject matter or intellectual property is very wide and includes literally and artistic works, films, computer programs, inventions, design and marks used by traders for their goods or services. The law deters others from copying or taking unfair advantage of the work or reputation of another and provides remedies should this happen. There are several different forms of rights or areas of law giving rise to rights that together make up intellectual property including Copyright, Patents and Trademarks.

Copyright law is one of the intellectual property law which includes protecting the photography, sound recordings, films and broadcasting, computer programs, databases, preparatory material and associated documentation(in printed or electronic form) from being unauthorized copying, uses or distribution. As with any other literary work, the copyright in a computer program is infringed by making, without the copyright owner's license, a copy of the program or of a substantial part of it. Substantiality is an issue of quality and therefore the copyright subsisting in a computer program can be infringed if the 'essence' of the program is copied, even if the part copied is relatively small quantitatively.

Any human being who invents, their inventions are protected by the law called patents law. The inventor his invention cannot exclude rivals from manufacturing or using it. But he could expect an income commensurate with the extent of the use of his invention by others. Where revenue derived from this use very substantially exceeds his R and D costs, it may well provide him with a substantial benefit.

Along with patents and copyright, trademarks constitute a key component of system of intellectual property rights. Trademark is any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. It may in particular, consist of words, designs, letters, numbers or sale of goods or their packaging. Details of trademarks are recorded in the register of trademarks, a document which is open. Microsoft and Google both are the examples of registered trademarks.

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What is Cyber Crime and What are the types?

Cyber crime refers to all the activities done with criminal intent in cyberspace or using the medium of Internet. These could be either the criminal activities in the conventional sense or activities, newly evolved with the growth of the new medium. Any activity, which basically offends human sensibilities, can be included in the ambit of Cyber crimes.

Because of the anonymous nature of Internet , it is possible to engage in a variety of criminal activities with impunity, and people with intelligence, have been grossly misusing this aspect of the Internet to commit criminal activities in Cyberspace.

The field of the Cyber crime is just emerging and new forms of criminal activities in Cyberspace are coming to the forefront each day. For example, child pornography on Internet constitutes on serious cyber crime. Similarly, online pedophiles, using Internet to minor children into sex, are as much cyber criminals as any others.

There are basically Three major categories of Cyber crimes which are:

Cyber Crimes against persons: Cyber crimes committed against persons include various crimes like transmission of child-pornography, harassment of any one with the use of a computer and cyber stalking. The trafficking, distribution, posting, and dissemination of obscene material including pornography, indecent exposure, and child pornography, constitutes on of the most important cyber crimes today. Similarly, Cyber harassment is a distinct cyber crime. Various kind s of harassment's can and do occur in cyberspace, or through the use of cyberspace. Harassment can be sexual, racial, religious or of any other nature.
Cyber crime against property: The second category of Cyber crimes is Cyber crimes against all forms of property. These crimes include unauthorized computer trespassing through cyberspace, computer vandalism, transmission of harmful programs and unauthorized possession of computerized information.
Cyber crimes against Government: Third category of Cyber crimes is Cyber crimes against Government. Cyber Terrorism is one distinct kind of crime in this category. The growth of Internet has shown that the medium of cyberspace is being used by individuals and groups of threaten international governments as also to terrorize the citizens of a country. This crime manifests itself into Cyber Terrorism when and individual "cracks" into a government or military maintained website, for the purpose of perpetuating terror.