FAQ Cyber Crime : Intellectual Property Law, Need for Database Protection, Trademark Law, Patent Law, Copyright law

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Question 1	What is Intellectual Property?
Answer	It is not material wants that seek ownership, but the ideas, skills and moral aspirations need equal protection. It refers to creations of the mind: inventions, literary and artistic works, 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, in short the digital or non-digital forms of information.
Question 2	What is theNeed for Database Protection?
Answer	Databases in today’s world have a huge market. However, despite their immense importance and potential for misuse, databases receive very limited protection under current intellectual property laws. While information is free for anybody to collect, creating an accurate and reliable database can be very costly and time-consuming. To do so, the database producer has to invest a substantial amount of time, personnel and money to develop, compile, distribute and maintain the collected information. It also has to dedicate considerable resources to gather and verify data, to present them in a user-friendly fashion, and to keep them current and useful to the users. Thus, protection is needed to create incentives for database producers to invest in their production.
Question 3	What is the differences between Database Right and Copyright?
Answer	Database right is in many ways very similar to copyright so that, for example, there is no registration for database right – it is an automatic right like copyright and commences as soon as the material that can be protected exists in a recorded form. Database right can apply to both paper and electronic databases. However, there are three main differences between database right and copyright: The term of protection for database right is much shorter. Database right lasts for 15 years from making but, if published during this time, then the term is 15 years from publication. The activities that a right holder can control, and which are, therefore, infringed if undertaken without the right holder's permission, are a bit different. Database right concerns control over the extraction and re-utilisation of the contents of the database. The exceptions to the right that is activities that a user can undertake without the permission of the right holder that do not infringe the right are not quite the same. In particular, fair dealing for the purposes of research or private study does not extend to research for a commercial purpose. It is important to remember, that many databases are a collection of copyright works, such as an on-line database of poetry from the last fifty years where each poem will be protected by copyright. Hence, people compiling databases need to make sure that they have permission from the copyright owners for use of their material and people using databases need to be aware of the rights of copyright owners as well as database right owners. Where a database has been delivered on-line, though, there will often be a contractual agreement between the database owner and the user setting out what use is permitted, and this will generally take precedence over any exceptions in the law. Protection equivalent to database right should exist in other countries in the European Economic Area but not necessarily in the rest of the world, although all members of the World Trade Organisation [hereinafter WTO] do have an obligation to provide copyright protection for some databases.
Question 4	What is a Trademark?
Answer	Trademarks can be a word, name, or an symbol, brand, device, heading, label, ticket, signature, letter or numeral or any combination thereof, used or proposed to be used by manufacturers of goods to identify and to distinguish their goods from similar goods manufactured and marketed by others. A person who markets his goods under a particular Trademark acquires an exclusive right to use the mark in relation to those goods.
Question 5	Which marks may not be registered as Trademarks?
Answer	The mark which are identical or deceptively similar with already registered Trademarks or has been already applied in respect of the same description of goods but also the use of a mark likely to deceive or cause confusion and the use of which would be contrary to any law in force or contains scandalous or obscene matter or any matter likely to hurt the religious sentiments of any class or section of the citizens of India may not be registered.
Question 6	What is a patent?
Answer	A patent is a property; it is a monopoly right to exclusive use of an invention and can last for few years like any other business commodity, may be bough, sold, hired or licensed.
Question 7	What rights do patent creates?
Answer	The exclusive right to use the invention or allowing others to use it under your terms and conditions. You also have right to take legal action and to claim damages against others those might be infringing your invention.
Question 8	What is a Copyright?
Answer	The Copyright includes a exclusive right to a create, acts to do in relation to artistic, literary, dramatic, Musical works, Cinematography film, sound recording and Software that he can control various ways in which their material substance may be exploited. Broadly a Copyright covers copying, adopting, issuing copies to the public, performing in public and broadcasting the material in many cases, basically right to copy or reproduce the work in which Copyright subsists the creator has right to identify his work.
Question 9	Which type of protection under the Copyright law is available?
Answer	Copyright may be enforced on infringer by civil or criminal actions. · Relief allowed is same as in case of Patents in so far as the civil action is concerned. For criminal action the accused may be imprisoned or fined up to two lacs Rupees or with both.
Question 10	What is the tenure of the copyright ?
Answer	The tenure of the copyright is the life of the author / artist+ 6o years.
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