<–2/”>a >Contemporary Legal issues:
Right To Information India always took pride in being the largest Democracy, but with the passing of the Right to information act in 2005, it has also become an accountable, interactive and participatory democracy. This right has catapulted the Indian citizen on a pedestal from where he can take stock of administrative decisions and actions and make sure that his interests are protected and promoted by the Government. The Right to Information Act is an important landmark for Indian democracy. By this Act the citizen of India has been empowered like never before. He can now question, audit, review, examine, and assess government acts and decisions to ensure that these are consistent with the principles of public interests, Good Governance and Justice. This act promotes Transparency and Accountability in administration by making the government more open to public scrutiny.
The basic object of the Right to Information Act is to empower the citizens,promote transparency and accountability in the working of the Government,contain Corruption, and make our democracy work for the people in real sense.It goes without saying that an informed citizen is better equipped to keep necessary vigil on the instruments of governance and make the government more accountable to the governed.The Act is a big step towards making the citizens informed about the activities of the Government. All the Public Authority designat Public Information Officer (PIO) and Appellate Authority (AA) for citizens to secure access to information and published the Proactive Disclosures in accordance with the provisions of the Act in October 2005.
Main provisions of RTI Act are:-
RTI Act states 3 Levels of authority – Public Information Officer, First Appellate Authority, Central Information Commission(CIC).
In normal course, information to an applicant shall be supplied within 30 days from the receipt of application by the public authority. If information sought concerns the life or Liberty of a person, it shall be supplied within 48 hours. In case the application is sent through the Assistant Public Information Officer or it is sent to a wrong public authority, five days shall be added to the period of thirty days or 48 hours, as the case may be.
Time period for Public Information Officer : Expeditiously or within 30 days from the date of receipt by public authority.
Maximum time gap for 1st appeal : 30 days since limit of supply of information is expired.
Time period for Appellate Authority : Within 30 days or in exceptional cases 45 days from the date of receipt by public authority.
Maximum time gap for 2nd appeal : 90 days since limit of supply of information is expired.
RTI act also asks for computerization and proactively publish information.
Bodies applicable under RTI : Constitutional Bodies at center and state ( Legislature, Executive, Judiciary), bodies/NGOs owned/financed by government, privatized public utility companies.
Bodies excluded under RTI : Central Intelligence and Security Agencies, agencies of state specified through notification. The exclusion is not absolute.
Central Information Commission shall consist of : 1 Chief Information Commissioner and upto 10 Central Information Commissioners.
The Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment.
CONTEMPORARY LEGAL ISSUES: INFORMATION TECHNOLOGY LAW INCLUDING CYBER LAWS (CONCEPTS, PURPOSE, PROSPECTS)
In India, cyber laws are contained in the Information Technology Act, 2000 (“IT Act”) which came into force on October 17, 2000. The main purpose of the Act is to provide legal recognition to electronic commerce and to facilitate filing of electronic records with the Government.
Cyber Crime is not defined in Information Technology Act 2000 nor in the I.T. Amendment Act 2008 nor in any other legislation in India.
The Information Technology Act, 2000 essentially deals with the following issues:
Legal Recognition of Electronic Documents
Legal Recognition of Digital Signatures
Offenses and Contraventions
Justice Dispensation Systems for cyber crimes.
Main Provisions of IT Act 2000
Digital signature and Electronic signature:-Digital Signatures provide a viable solution for creating legally enforceable electronic records, closing the gap in going fully paperless by completely eliminating the need to print documents for signing. Digital signatures enable the replacement of slow and expensive paper-based approval processes with fast, low-cost, and fully digital ones. The purpose of a digital signature is the same as that of a handwritten signature. Instead of using pen and paper, a digital signature uses digital keys (public-key cryptography).Digital signature provides Authentication, Integrity and Non Repudiation.
E-Governance: Chapter III discusses Electronic governance issues and procedures and the legal recognition to electronic records is dealt with in detail in Section 4 followed by description of procedures on electronic records, storage and maintenance and according recognition to the validity of contracts formed through electronic means.
Section 66A :-Sending offensive messages thro Communication service, causing annoyance etc through an electronic communication or sending an email to mislead or deceive the recipient about the origin of such messages (commonly known as IP or email spoofing) are all covered here. Punishment for these acts is imprisonment upto three years or fine.
According to Sec.1(2) of Information Technology Act, 2000, the Act extends to the whole of India and also applies to any offence or contravention committed outside India by any person. Further, Sec.75 of the IT Act, 2000 also mentions about the applicability of the Act for any offence or contravention committed outside India. According to this section, the Act will apply to an offence or contravention committed outside India by any person, if the act or conduct constituting the offence or contravention involves a computer, computer system or computer Network located in India.
Common types of Cyber Crimes may be broadly classified in the following groups:- Against Individuals: –
Harassment through e-mail
Cyber-stalking.
Dissemination of obscene material on the Internet.
Defamation.
Hacking/cracking
Indecent exposure.
Computer vandalism.
Transmitting virus.
Internet intrusion.
Unauthorized control over computer system.
Hacking /cracking.
Against Government, Private Firm, Company, Group of Individuals: –
Hacking & Cracking.
Possession of unauthorized information.
Cyber terrorism against the government organization.
Distribution of pirated Software etc.
Contemporary Legal issues: Intellectual Property Rights (concepts, types, purpose, prospects)
Intellectual property (IP) refers to the creations of the human mind like inventions, literary and artistic works, and symbols, names, images and designs used in commerce. Intellectual property is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs. Intellectual property rights protect the interests of creators by giving them property rights over their creations.
The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations. It is dedicated to developing a balanced and accessible international intellectual property (IP) system, which
rewards creativity, stimulates innovation and contributes to Economic Development while safeguarding the public interest.
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement administered by the World Trade Organization (WTO) that sets down minimum standards for many forms of intellectual property (IP) regulation as applied to nationals of other WTO Members.
For India, the WTO‘s TRIPs agreement became binding from 2005 onwards as the country has got a ten-year transition period (1995-2005) to make the domestic legislation compatible with TRIPs.
Under the TRIPS Agreement, the areas of intellectual property that it covers are:
(i) Copyright and related rights (i.e. the rights of performers, producers of Sound recordings and broadcasting organisations); (ii) Trade marks including service marks; (iii) Geographical Indications including appellations of origin; (iv) Industrial designs; (v) Patents including protection of new varieties of Plants; (vi) The lay-out designs (topographies) of integrated circuits; (vii) The undisclosed information including trade secrets and test data.
Legislations which governs Intelectual rights in India are:-
Copyright Act, 1957
Patents Act, 1970
Trade Mark Act, 1999
The Geographical Indications of Goods (Registration and Protection ) Act, 1999
The Designs Act, 2000,
The Right to Information (RTI) is a fundamental right that was enacted in India in 2005. It gives citizens the right to access information from government bodies. The RTI has been hailed as a major step forward in transparency and accountability in government. It has also been used to expose corruption and wrongdoing in government.
The RTI has been used to access a wide range of information from government bodies. This includes information on government policies, programs, and projects. It also includes information on the functioning of government departments and agencies. The RTI has also been used to access information on the personal records of government officials.
The RTI has had a significant impact on transparency and accountability in government. It has made it more difficult for government officials to hide information from the public. It has also made it easier for citizens to hold government officials accountable for their actions.
The RTI has not been without its challenges. One challenge is that it can be difficult to get information from government bodies. Government officials often try to withhold information from the public. Another challenge is that the RTI can be expensive to use. It can cost Money to file an RTI application and to pay for the information that is requested.
Despite these challenges, the RTI has been a major success. It has made government more transparent and accountable. It has also empowered citizens to hold government officials accountable for their actions.
Information technology law, also known as cyber law, is a field of law that deals with the regulation of information technology. It includes laws that govern the use of computers, the internet, and other electronic devices. Information technology law is a rapidly evolving field, as new technologies are constantly being developed.
The purpose of information technology law is to protect the rights of individuals and businesses in the digital age. It also aims to ensure the security of information and to prevent the misuse of technology. Information technology law can be divided into several sub-areas, including:
- Computer law: This area of law deals with the use of computers, including the ownership of software and data.
- Internet law: This area of law deals with the use of the internet, including issues such as website copyright and online privacy.
- Electronic commerce law: This area of law deals with the sale of goods and Services online.
- Cybercrime law: This area of law deals with crimes that are committed using computers or the internet, such as hacking and identity theft.
Information technology law is a complex and ever-changing field. It is important to stay up-to-date on the latest developments in this area in order to protect your rights and interests.
Intellectual property rights (IPR) are a set of rights that protect the creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. IPRs enable people to earn recognition or financial benefit from what they invent or create. They also encourage innovation and creativity.
There are four main types of IPR:
- Copyright: Copyright protects original works of authorship, such as books, music, films, and computer software.
- Patents: Patents protect inventions, such as new products or processes.
- Trademarks: Trademarks protect words, phrases, symbols, and images that identify the source of goods or services.
- Industrial designs: Industrial designs protect the appearance of manufactured products, such as furniture, clothing, and cars.
IPRs are granted by governments and can be enforced through the courts. IPRs can be transferred or licensed to others, and they can also be used as collateral for loans.
IPRs play an important role in the global economy. They encourage innovation and creativity, and they help to protect businesses from unfair competition. IPRs also help to ensure that consumers have access to high-quality products and services.
The future of IPRs is uncertain. The rise of new technologies, such as Artificial Intelligence and blockchain, is challenging traditional IPR concepts. It is also unclear how IPRs will be enforced in the digital age. However, IPRs are likely to remain an important part of the global economy for many years to come.
Right to Information
What is the right to information?
The right to information is the right of any citizen to access information held by the government. It is a fundamental right that is guaranteed by the Constitution of India.What is the purpose of the right to information?
The purpose of the right to information is to promote transparency and accountability in government. It allows citizens to access information about how the government is functioning and to hold it accountable for its actions.What are the prospects of the right to information?
The right to information has the potential to be a powerful tool for citizens to hold the government accountable. However, there are a number of challenges that need to be addressed in order to ensure that the right is effectively implemented. These include ensuring that information is easily accessible, that there are adequate safeguards against misuse, and that the right is enforced effectively.
Information Technology Law
What is information technology law?
Information technology law is a branch of law that deals with the regulation of information technology. It includes laws that govern the use of computers, the internet, and other electronic devices.What are the concepts of information technology law?
The concepts of information technology law include privacy, data protection, intellectual property, and cybersecurity.What is the purpose of information technology law?
The purpose of information technology law is to protect the rights of individuals and businesses in the digital age. It also aims to promote the responsible use of information technology.What are the prospects of information technology law?
The prospects of information technology law are good. The use of information technology is constantly growing, and so is the need for laws to regulate it. Information technology law is a rapidly developing field, and there are many opportunities for lawyers who specialize in it.
Intellectual Property Rights
What are intellectual property rights?
Intellectual property rights (IPRs) are rights that protect the creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.What are the types of intellectual property rights?
The main types of intellectual property rights are patents, copyrights, trademarks, and industrial designs.What is the purpose of intellectual property rights?
The purpose of intellectual property rights is to encourage innovation and creativity by giving creators the exclusive right to exploit their creations for a limited period of time. This allows them to recoup the costs of their Investment and to make a profit from their work.What are the prospects of intellectual property rights?
The prospects of intellectual property rights are good. The global economy is increasingly knowledge-based, and intellectual property rights play a vital role in the development and commercialization of new technologies and products. As the world becomes more interconnected, the need for intellectual property rights will only grow.
Question 1
Which of the following is not a type of intellectual property?
(A) Copyright
(B) Patent
(C) Trademark
(D) Trade secret
Answer
(D) Trade secret is not a type of intellectual property. The other three Options are all types of intellectual property.
Question 2
Which of the following is not a purpose of intellectual property law?
(A) To encourage innovation
(B) To protect the rights of creators
(C) To promote competition
(D) To regulate the flow of information
Answer
(C) To promote competition is not a purpose of intellectual property law. The other three options are all purposes of intellectual property law.
Question 3
Which of the following is not a right granted by copyright law?
(A) The right to reproduce the work
(B) The right to create derivative works
(C) The right to distribute copies of the work
(D) The right to perform the work publicly
Answer
(D) The right to perform the work publicly is not a right granted by copyright law. The other three options are all rights granted by copyright law.
Question 4
Which of the following is not a right granted by patent law?
(A) The right to exclude others from making, using, selling, or offering to sell the invention
(B) The right to exclude others from importing the invention
(C) The right to exclude others from using the invention in a commercial setting
(D) The right to exclude others from using the invention in a non-commercial setting
Answer
(D) The right to exclude others from using the invention in a non-commercial setting is not a right granted by patent law. The other three options are all rights granted by patent law.
Question 5
Which of the following is not a right granted by trademark law?
(A) The right to use the mark in connection with the goods or services that it identifies
(B) The right to prevent others from using the mark in a way that is likely to cause confusion
(C) The right to prevent others from using the mark in a way that is likely to dilute the distinctiveness of the mark
(D) The right to prevent others from using the mark in a way that is likely to cause deception
Answer
(D) The right to prevent others from using the mark in a way that is likely to cause deception is not a right granted by trademark law. The other three options are all rights granted by trademark law.