UNIT IV DIGITAL PRODUCTS AND LAW

Digital Innovations and Developments as Knowledge Assets – IP Laws, Cyber Law and Digital Content Protection – Unfair Competition – Meaning and Relationship between Unfair Competition and IP Laws – Case Studies.

PART A

1

What are the cyber laws in India?

Cyber law refers to the legal principles and regulations governing the use of the internet and digital technologies. Cybercrimes are covered under Information Technology Act (IT Act) and the Indian Penal Code. The IT Act, 2000, which came into force on October 17, 2000, deals with cybercrime and electronic commerce.

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2

What is Unfair Competition Prevention Act?

The term unfair competition is a broad term covering a wide variety of deceptive practices in the marketplace. Trademark infringement has long been considered to be unfair competition. The law of unfair competition continues to evolve with changes in the marketplace so that deceptive infomercials and false advertising on the Internet can be prohibited.

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3

List out the commonly alleged forms of unfair competition

  • Passing off (selling one’s goods as those of another)
  • Misappropriation (the taking of another’s intangible commercial property right)
  • False advertising (making false or deceptive representations about the nature of one’s own goods or services)
  • Dilution (use of a mark that is likely to cause blurring or tarnishment of another’s famous trademark or service mark)
  • Infringement of trade dress (causing likelihood of confusion with the distinctive product image or overall design or appearance of another’s product or service)

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4

What are the various types of Internet abuse in workplace? Internet Abuses        Activity

Copyrights infringements        Using        pirated        software’s,        copying        of        websites,        using

copyrighted logos, unauthorized downloading of copyrighted material (music, video, images, books)

Transmission        of        Using Internet to transmit or display trade secrets. confidential data

Hacking        Ranging        from        denial        of        service        attacks        to        accessing organizational database

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5

Describe the treaties provided for digital protection.

WCT and WIPO Performances and Phonograms Treaty (WPPT) treaties provide basic norms clarifying and safeguarding the protection of copyrights and related rights in relation to the digital environment.

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6

What is digital content protection?

Digital content protection refers to methods and technologies used to prevent unauthorized access, use, copying, and distribution of digital media.

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7

Categorize the features of digital innovations.

Digital innovation means making rapid change by using digital technology to enhance services, traditional models, products and processes.

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8

Examine Developments as Knowledge Assets.

The importance of knowledge assets depends on the goals, objectives and the strategy of the specific organization. A very important knowledge asset of one company may be useless for another one. Therefore, the knowledge assets should be analyzed at the basis the company's goals and objectives.

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9

Write the advantages of cyber laws.

  • Organizations are now able to carry out e-commerce using the legal infrastructure provided by the Act.
  • Digital signatures have been given legal validity and sanction in the Act.
  • It has opened the doors for the entry of corporate companies for issuing Digital Signatures Certificates in the business of being Certifying Authorities.
  • It allows Government to issue notification on the web thus heralding e-governance.
  • It gives authority to the companies or organizations to file any form, application or any other document with any office, authority, body or agency owned or controlled by the suitable Government in e-form by means of such e-form as may be prescribed by the suitable Government.
  • The IT Act also addresses the important issues of security, which are so critical to the success of electronic transactions.

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10

Tabulate the patents granted by the Indian patent office to software innovations.

Company        Title of

Google        A method for automatically targeting web-based advertisements. Oracle        Tracking space usage in a database

Ebay        Method and system for scheduling transaction listings at a network based facility.

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11

Give an example of a digital innovation that can be considered a knowledge asset.

Examples include software algorithms, databases, and proprietary technologies like machine learning models.

12

Provide an example of a case involving unfair competition.

The case of Coca-Cola vs. PepsiCo, where Coca-Cola accused PepsiCo of stealing trade secrets.