Unit - 4
Intellectual Property Laws and Regulation to Information
Intellectual property
Let's take a look at the special types of assets owned by all businesses and the laws that protect them. Every business has some form of intellectual property. The term property actually refers to several differing types of property. However, the properties in this category are unique. Intellectual property is the original property created in someone's mind. It could be a play, a novel, a product invention, a marketing plan, a logo, or many other things. However, keep in mind that not all ideas are classified as intellectual property. To be intellectual property, the idea must be somehow marketable and valuable.
There are many types, but all intellectual property is innovative, developed through a creative process, and intangible. These are the features that distinguish intellectual property from other types of property. However, intellectual property is treated the same as tangible movables and real estate. Like all other assets, you can own, sell, lease, or donate.
Our intellectual property law protects this unique type of property by protecting the rights of those who create it. There are many federal and state tort claims that provide specific protection for products created from an individual's mental process and serve to establish ownership of marketable ideas. These laws and protections are intended to give creators peace of mind about their rights to property, to provide them with exclusive interests, and at the same time to encourage new inventions and technologies
Intellectual Property Law and Business
Take a look at my business, all the ways I use intellectual property, and the laws that protect intellectual property. I own bark and foam. At the pet grooming salon, we use our own designed shampoo. It cleans dog hair while preventing fleas and ticks, and smells like orange blossoms. This is my special formulation and one of the main things that makes my salon special and unique.
Let's say a new pet grooming business opens next to me. This business uses a really similar pink logo and is named Wash and Woof. The business advertises the use of special dog shampoos that have a citrus scent. I think I'm furious and losing customers in this new business. Can they copy me like this? I go to see a lawyer and go check it out.
My lawyer explains that there are many types of intellectual property owned and used by businesses that may be protected by intellectual property law. Here are some examples of intellectual property rights that I may own:
Patent
Trademark
Service mark
Copyright
Corporate secret
Legal aspects of Patents
Patent Law: What is it?
Patent law is part of intellectual property law and controls which inventions are patentable, the patent application process, and how patent infringement is dealt with.
If you want to receive legal protection for your invention, you need to understand the basics of patent law. He also has some knowledge of the entire intellectual property law, the background of patent law, the requirements that an invention must meet before it qualifies for a patent, and some issues that make navigating patent law difficult. And may be beneficial.
What is a patent?
A patent is a property right that gives the inventor the legal ability to prevent others from creating, using, or selling the invention for a specific period of time.
There are three different types of patents.
The most common type of utility model protects functional devices. Software patents are under this umbrella, but they can also be considered completely different types of patents.
Design patents cover the non-functional or aesthetic aspects of an item. Design patents are limited to the United States. In other countries, there are various intellectual property laws that protect designs.
Plant patents protect new types of plants.
The inventor can also file a provisional patent application. This allows the inventor to label the invention as "patent pending" and warn anyone who wants to copy the invention. Also, if you file a non-provisional or ordinary patent application, you can say that the invention has a patent pending, even if the application has not yet been approved.
Note that patents protect only fully developed inventions, not ideas.
What are the patentability requirements?
Before an invention is protected by a utility model, it must meet the following requirements:
Must contain a patentable subject. Inventions must fall into one of the categories of patentable items as defined by law. In general, processes, devices, machines, and anything that can be manufactured can be patented. There is ongoing debate about business practices and whether printed matter can be patented, but traditionally it is not.
The present invention must be useful.
The present invention must be novel. It needs to have a new element in it. No one else should already have a patent for the same invention.
The present invention must be non-trivial. This means that no one with a basic knowledge of the types of items invented thinks the invention is obvious.
The inventor must be able to explain the invention in detail so that someone else can make the invention under your direction. This principle is known as activation. Part of the activation is to describe the best way to create and use the invention. If there is no preferred way to use or create an invention, or if you have not considered the best way to create or use an invention, you cannot be accused of violating this requirement.
What rights does a patent grant?
A patent grants its owner two basic rights. It is the right to eliminate the infringer and the right to sue the infringer.
Right to exclude
This means that the patentee can prevent others from manufacturing, using, or selling the invention. If others want to use or sell your invention, you can sell your patent or arrange a patent license agreement.
Please note that a patent does not give its owner the right to create or sell an invention. Other existing patents or local laws may affect the inventor's ability to use, sell, or create patented inventions.
Right to sue infringer
Most patents have multiple claims. A claim is a section of a patent that lists which parts of the invention are protected. Only one claim must be violated before the patentee can sue for infringement.
If you file an infringement, the federal court may give an injunction or strict order telling the guilty party to stop infringing your patent, and you may be given damages.
If the government infringes a patent, proceedings or legal proceedings may occur through the US Claims Court. Please note that the US Government may use any patented invention without seeking permission. However, if this happens, the patentee has the right to seek compensation from the government.
Raise a problem under patent law
There are some issues related to patent law that may require the help of a patent attorney.
Concepts and patents
In the past, there has been debate about whether the concept is patentable.
In the 1980s, chiropractor Robert Wreck computerized his office. He wanted to scan his document into his computer. Lech's friend Mitchell Medina, who has experience in patent law, felt that the idea was too broad and obvious to qualify for a patent. However, certain software programs that format the scanned material are much more likely to be patented.
This was a new idea. Prior to that, the situation raised legal issues, as software was rarely patented and software may have been considered a concept above all else.
Too many patents
With so many patents, it is difficult to innovate without risking patent infringement proceedings. Therefore, it is imperative that the inventor have the help of a lawyer who has knowledge of a particular industry and can guide the inventor through the patent process.
Broad word in patents
The 2011 patent dispute between Apple and Samsung represents another danger in the world of patent law. The patent may be too broad. Apple claimed that Samsung infringed some of the smartphone ideas, but the patent description didn't seem to be very specific. While Apple won the proceedings, Apple has had to fight several infringement proceedings in recent years.
Another well-known patent dispute arose in 2004 when Sony and Kodak sued each other on suspicion of patent infringement of digital camera and camcorder components. The battle ended with a cross-licensing agreement, giving companies the right to use their intellectual property with each other.
Some differences
One of the most controversial aspects of patent law is not recognizing the differences between the types of inventions. This is a difficult problem for industries where innovation can take years. For example, medicines often have to go through years of testing before they are ready for sale, but provisional patents last only 12 months. This creates a weakness in the intellectual property of pharmaceutical companies.
Patent filing application
How to File a Patent in India- A Detailed Patent Filing Process
Criteria for obtaining a patent
The first criterion for patenting is novelty. Novelty means that the invention should not have been published in India or elsewhere and should not have been publicly known in advance in India. The second criterion for patenting is inventive step. "Inventive step" means a feature of an invention that involves technological progress compared to existing knowledge, has economic significance, or both, and does not reveal the invention to those skilled in the art.
The third criterion for patenting is industrial use. Industrial availability in connection with an invention means that the invention can be manufactured or used in industry.
Patent Office
For applicants who are resident in India, the appropriate office will be determined according to the place of residence / business / place of origin of the invention. For applicants who do not reside in India or do not have a place of business in India, the appropriate office will follow the address of the service stated in the application patent. The head office in India is in Kolkata and the branch office is in Mumbai, Delhi. And Chennai.
The Patent Office is under the jurisdiction of the Ministry of Commerce and Industry. The branch has its own fixed area and accepts applications from areas within its geographical area.
Indian Patent Law
The Indian Patent Law of 1970 was passed and came into effect on April 20, 1972. The 1999 Patent Amendment Act came into force retroactively from January 1, 1995. The revised law provides for product patent applications in the region. Such patents were not granted, but pharmaceuticals, pharmaceuticals, pesticides, however, such applications were to be examined only after 31 December 2004.
The second amendment to the 1970 Act was against the 2002 Patent (Amendment Act) (2002 Act 38). The law came into force on May 20, 2003, introducing a new Patent Rule 2003 that replaces the previous Patent Rule 1972.
The third amendment to the 1970 Patent Act was introduced by the 2004 Patent (Amendment) Ordinance, which came into effect in 2005. This ordinance was replaced on April 4, 2005 by the Patent Amendment Act of 2005 (Act 15 of 2005). It came into effect on January 1, 2005.
The 1972 Patent Regulations were notified and entered into force in 1972. The new Patent Rule 2003 came into effect as an alternative to the 1972 Rule. These rules were further amended by the 2005 Patent (Amendment) Regulations and the 2006 Patent (Amendment) Regulations. The last fix came into effect on May 5, 2006.
Procedure for applying for a patent – Applying for a patent in India
Step 1: Submit provisional application
Ideas and concepts can be submitted as provisional patent applications in India. A patent draft is a description of the technical legal content of an invention submitted to the Patent Office. Draft patents follow the guidelines set by the Patent Office and vary from country to country. After confirming that the invention is patentable, the inventor can proceed to draft a patent in the form of an Indian patent. The format of the patent draft is determined based on the content and stage of the invention / innovation.
Drafting provisional patents and drafting full / non-provisional patents
The inventor is given provisional or non-permanent rights to establish priorities for ideas or concepts with very little or incomplete technical information. A provisional application is a temporary application filed when the invention has not been finalized and is still being tested.
The applicant / inventor can visit the Patent Office directly, apply directly online, or apply for a patent through a lawyer. A provisional patent, as the word suggests, is not a final legal document, but the inventor has incomplete information or just an idea to develop a product or obtain complete information of the invention. We recommend that you submit only if you plan to obtain a certain period of time to do so. Unlike non-provisional patent applications, there are no specific requirements or set guidelines for what should be included in a provisional patent application.
You need to take into account the nature of the idea, whether it's a simple consumer product or a game-changing innovation. If it is a simple consumer product, it may be possible to generate income without having to file a non-provisional application. If it's a breakthrough innovation, the person needs a patent wall to keep others away. The draft patent must be converted to a full / non-provisional patent within 12 months. Otherwise, the patent priority will expire.
Step 2: Draft non-provisional patent
A complete patent specification is a legal document filed with the Patent Office to claim the rights of an invention and its details. A complete / non-provisional patent draft is a legal document written in the technical legal language and defined by the boundaries set by the claims of the invention.
The draft patent is a statement in front of the patent office, and the patent office's decision on granting a patent is based on the draft itself. Therefore, if the draft patent is not properly done, the patent application may not be granted or, if granted, it may not help the inventor effectively thwart competitors.
The complete specification first identifies aspects of the novelty of the invention, defines primary and secondary claims, structural limitations, drawings, and drawing details, and then uses that skill to enforce. It should be created by an experienced patent drafter who creates a patent application. Here's a structural way to create a complete specification:
Invention Title – Choose the appropriate invention title within 15 words that can indicate your patent application.
Technical Description – An overview of the domain to which the patent application belongs, specifically what it aims to solve.
Background of the Invention – What is a conventional patent, what is lacking in a conventional patent application, and how the current complete patent application solves these shortcomings.
Invention Abstract – The complete patent application abstract is generally consistent with the claim and may be a paraphrase of the characteristics and structure of the claimed invention.
A brief description of the drawing – This includes a brief introduction to the drawing that graphically supports the claims of the patent application.
Detailed Description of Drawings – This section provides detailed knowledge of the complete patent application and supports the claims along with additional details such as experimental details of the complete patent application and benefits of the patent application. I will explain in detail.
Claims – This section is very important and needs to be drafted in a wide range of ways, specifying new aspects of a complete patent application.
Invention Summary – This section outlines the main features of a complete patent application.
Step 3: Publish the application
All patent applications filed with the Indian Patent Office will be kept secret until published in the official patent journal. The Indian Patent Office usually publishes a patent application after 18 months. This is an automatic event and does not need to be requested. However, if you wish to publish your application early, you can apply for early publication (Form 9) and the application will usually be published within one month of your application.
The date of publication is important because the privileges and rights of the patentee begin on the date of publication, but the rights cannot be exercised through infringement proceedings until the patent is granted. It is also important to know that there are some scenarios in which a patent application is not published and is not kept confidential.
Confidentiality instructions are imposed under patent law. Confidential instructions are imposed if the invention falls under a category of publication that may be against the interests of the state.
A complete application was not submitted within 12 months of the provisional filing date
There was a request to withdraw. Such requests must be made at least 3 months before publication. Therefore, for practical purposes, it is 15 months from the priority date of the standard patent application process.
Step 4: Opposition to pre-grant
Post-publication invitations are open to the public, so any interested person / party can oppose the patent by submitting a request to the administrator and writing an application to the administrator.
Step 5 – Examination of patent application
All patent applications filed for protection must be substantially examined before the patent is finally granted. The examination process ultimately examines the patent application for the merits of the invention, as described and claimed in the patent specification.
Unlike publication, the examination process is not automatic by filing an Indian patent application. The applicant must specifically request the examination of the patent application (Form 18). The application will be queued for examination only if it receives a Request for Examination (RFE). Therefore, if you make an RFE request early, the examiner may review your application early.
Examination process (responding to objections and objections by examiners)
When the request for examination is submitted, it will eventually land on the examiner's desk due to the relevant technical background for the examination. During the examination process, the examiner scrutinizes the application to ensure that it complies with patent laws and regulations. The examiner also performs a search to understand similar techniques to see if the invention meets the patentability criteria.
The examiner will issue an examination report to the applicant stating the reason for the objection based on the examination of the application. Such a first test report is called the first test report (FER).
Once the FER is issued, the patent applicant must successfully overcome the objections in order to be granted a patent. The entire process may include responding to review reports, attending hearings, and so on. The total time required to apply for a grant is 6 months (previously 12 months) from the date the FER was issued. Applicant. However, this 6-month period can be extended to a 3-month period by the applicant applying for an extension (Form 4).
Step 6: Final decision on patent grant
If the patent application overcomes all objections, the patent will be granted and published in the patent gusset.
Step 7: Update
After the patent is granted, you will have to pay a renewal fee to renew it every year. Indian patents can be renewed for up to 20 years from the date of filing the patent.
Rights from patents
Patent owner's rights
Exclusive rights under Article 28 of the TRIPS Agreement
Article 28 of the TRIPS Agreement provides for the following rights:
The patent grants its owner the following exclusive rights:
If the subject matter of the patent is a product, to prevent a third party from obtaining the consent of the owner from the act of manufacturing, using, selling, selling, or importing the product.
If the subject matter of the patent is a process, the owner's consent cannot be obtained from the act of using the process by a third party, and at least using, selling, selling, or importing the product for these purposes. Obtained directly by that process to prevent it.
The patentee also assigns or assigns the patent and has the right to enter into a license agreement.
In India, patentees are entitled to manufacture, use, sell and distribute patented products. If the invention is a manufacturing process, the patent owner has the right to direct the procedure to another person approved by the patentee. This right can be enforced on behalf of the patentee.
b. Right to allocate and license
The patentee is entitled to assign or grant a license to manufacture and distribute the patented product to others. If you have a co-owner of a patented product, you shall ask the co-owner for permission to license others. The license is considered granted when the request was formally approved by the administrator.
c. Right to waive patent
The patent owner has the right to waive the patent after asking the administrator for permission. The administrator then advertises this surrender according to the procedures set out in Indian Patent Law. The party interested in taking ownership of the patent can then contact the administrator. The controller examines the parties' claims and relinquishes ownership of each.
d. Immediately before the seal
Article 24 of the Indian Patent Law implies that a patent will be sealed from the date of notification of acceptance to the date of receipt of the notification. The rights of the patentee begin after the notice of acceptance is presented.
e. Right to apply for additional patent
This provision is set out in Sections 54-56 of the Indian Patent Law. This provision provides for amendments to existing inventions. In such cases, the patentee will be granted rights to the modified invention after being notified of acceptance. When presented, the owner is entitled to the same rights as the previous patent.
f. Rights in case of infringement
When a patentee's rights are infringed, it is called patent infringement. This means that if a patented invention is used, manufactured or sold by anyone for commercial purposes, it will be accused of patent infringement. If you infringe the rights of the patentee, the patentee may appeal to the district court or the high court. If the person is found guilty of infringement, the court grants a permanent injunction and / or damages.
Patent infringement
Introduction
Patent infringement means infringement of the exclusive right of the patentee. As mentioned earlier, a patent right is an exclusive right granted to the inventor by the government for the invention of the inventor for a limited period of time. In other words, if someone exercises the exclusive rights of the patent owner without the permission of the patent owner, that person will be liable for patent infringement. Sections 104-114 of the Patent Act of 1970 provide guidelines related to patent infringement.
Unlike the Design Law, the Patent Law does not specify anything that constitutes an infringement of a patented product or process. However, the following acts when performed without the consent of the patentee shall be equivalent to infringement.
(I) Manufacture, use, offer for sale, sale, import of patented products.
(Ii) Use, sell, sell, or import products that use or are acquired directly by a patented process.
Types of infringement
There are two types of infringement.
Direct patent infringement is the most obvious and most common form of patent infringement. Basically, direct patent infringement occurs when a patented product or product that is substantially close to an invention is sold, sold, or used commercially without the permission of the owner of the patented product or invention. ..
b. Indirect infringement
Indirect patent infringement suggests that the case had some degree of deception or accidental patent infringement. For example, A holds a patent for the device, and B manufactures a device that is virtually similar to A's device. B is offered a product from another person C to facilitate the manufacture of B's device. If a device so manufactured by B infringes A's patent, Mr. C indirectly infringes A's patent. In addition, if such products are intentionally sold or supplied, they can lead to "contribution infringement." In the above example, if Person C deliberately supplies the product to B, the infringement is interpreted as a contributing infringement.
Exclusion from infringement
However, the law does list certain exceptions to infringement.
(a) Experiments and Research: Patented articles or processes may be used for the following purposes:
• Experiment
•Research
• Guidance to students
Also, manufacture, build, use, sell, or import patented inventions only for applications reasonably relevant to the development and submission of information required under immediate law in India or any country other than India. You are also allowed to do so. Regulates the manufacture, construction, use, sale, or import of products. Within the scope created above, all such acts cannot be challenged as infringing the rights of the patentee.
(b) Parallel imports under certain conditions: Patented goods or goods created using the patented process may be imported for their own use by the government. The patented process can also be used solely for government use. In addition, the Government may use patented medicines or medicines for use or distribution in government-controlled clinics, hospitals, other medical institutions, or other government-notified clinics, hospitals, medical institutions. Can be imported. [Sections 27 & 47]
Burden of proof
The traditional rules of burden of proof are adhered to with respect to patented products, so if an infringement of a patented product is alleged, the "burden of proof" rests with the plaintiff. However, there is a "burden of proof" in case of violating the patented process in Section 104 (A). Under current law, the court may, at its discretion, transfer the burden of defendant's evidence with respect to a process patent if either of the following two conditions is met:
(A) The subject of the patent is the process of obtaining a new product. Or
(B) The same product was manufactured by the process and the plaintiff made reasonable efforts to determine the process actually used, but it is quite possible that it failed. [Section 104 (A)]
While the parties are considering whether they have exempted him from the burden imposed under Section 104 (A), the court may manufacture or commercialize if the court finds it unreasonable to do so. Do not require him to disclose the above secrets.
Doctrine of equivalents and the doctrine of colourful change
Patent infringement generally falls into two categories: literal infringement and doctrine of equivalents infringement. The term "literally infringing" means that all elements mentioned in a claim have the same correspondence in the allegedly infringing device or process.
However, even in the absence of literal infringement, if the accused device or other element of the process performs substantially the same function in substantially the same way and achieves substantially the same result, it is based on the doctrine of equivalents. The claim may be infringed. The doctrine of equivalents is the legal rule of most patent systems in the world that allows courts to retain the party responsible for patent infringement, even if the infringing device or process is not within the literal scope of the claims. , Still equivalent to the claimed invention.
However, there is no limit to this "extension" of claims permitted by the doctrine of equivalents. Instead, the scope given to the patent owner is limited by (i) the "estoppel of prosecution history" doctrine and (ii) prior art.
Infringement analysis determines whether a patent claim literally "reads" the accused infringer's device or process, or covers a device that is allegedly infringing under the doctrine of equivalents.
The procedure for analysis is as follows:
• Interpret the scope of the "literal" language of the claim.
• Compare a properly interpreted claim to the accused device or process to determine if there is a literal infringement.
• In the absence of literal infringement, interpret the doctrine of equivalents claims.
The doctrine of equivalents is a fair doctrine that effectively extends the scope of claims beyond the literal word to the true scope of the inventor's contribution to the arts. However, there is a limit to the range of equivalents that the patentee has the right to.
Copyrights and its Ownership
What is copyright?
Copyright refers to the legal rights of the owner of intellectual property. Simply put, copyright is the right to copy. This means that only the original creators of the product and those authorized by them have the exclusive right to copy the work.
Copyright law gives the creator of the original material the exclusive right to further use and copy the material for a period of time. At that point, the copyrighted item is in the public domain.
Copyright mechanism
If someone creates a product that is considered original and requires considerable mental activity to create, this product becomes an intellectual property that must be protected from unauthorized reproduction. Examples of unique works include computer software, art, poetry, graphic design, musical lyrics and composition, novels, movies, original architectural designs, and website content. One of the safeguards you can use to legally protect your original work is copyright.
Under copyright law, if an author creates a work from a unique and independent mindset, the work is considered original. This type of work is known as the Original Work of Authorship (OWA). Anyone who owns the original work automatically copyrights the work and prevents others from using or copying it. Copyright can be voluntarily registered by the original owner if he wishes to gain an advantage in the legal system when the need arises.
Not all types of work are copyrighted. Copyright does not protect discoveries, ideas, concepts, or theories. Brand names, logos, slogans, domain names, and titles are also not protected under copyright law. In order for the original work to be copyrighted, it must be in concrete form. This means that you need to write down your speech, discovery, sheet music, or idea in physical form for copyright protection.
In the United States, the original owner is protected by copyright law for life until 70 years after his death. If the original author of the work is a corporation, the copyright protection period will be shorter.
US copyright law has undergone numerous amendments and changes that change the duration of copyright protection. The "author's lifespan plus 70 years" protection may be due to the 1998 Copyright Term Extension Act (also known as the Mickey Mouse Protection Act or the Sunny Bono Act). This generally extended copyright protection by 20 years.
Copyright Ownership
Copyright owners are those who own and enjoy legal rights. The definition given to an author in the context of copyright protection depends on the nature of the work. s.2 (d) [3] defines the author. '. The creator of the work can be a co-author, but there is a dilemma in determining the criteria for co-authorship. Copyright Act S. 2 (z) defines joint work [4]. Such issues were raised in court. Najma Heptulla v. Orient longman Ltd. [5] The question in court was whether the narrator would be the co-author of the book "India Wins Freedom." The work was composed by Kabir, but the material of the book was provided by Azad, but Kabir explained those thoughts and conversations and clearly understood to write the same in English, of Kabir's. His only function is to record Azad's findings, and his views add color to the story. The preface itself determined which 30 pages of the book should not be published, and which of his views should be included in his book, read every word in the manuscript, and made additions, omissions, and corrections to changes. Is Azad. However, the court's finding was Azad, Kabir was the co-author of the work, and Kabir was more than just Azad's clerk. Because both of them actively and intellectually cooperated in the literal composition of work. However, the court did not set specific criteria for determining the amount of active and close intellectual cooperation to determine joint copyright. It raises an interesting question whether someone else can effectively write what the first person created, rather than writing the pen on paper, to be a co-author. .. Or just record the narration and he becomes a co-author. But after this incident, such issues have not come before the judiciary. In the United States, the conditions for satisfying joint copyright must (a) prove that he cooperates significantly and substantially in any part of the expression of the work and that it derives from him. (B) Contribution must be an original expression of the work (c) Co-author's contribution to the work must be substantive or significant, if not equal (d) Important and substantive Contributions include qualitative contributions to the original expression, equally, significantly, or substantially quantitatively, according to common goals. Hardly. In Kemp [6], in the context of pop groups, one member devised songs, the entire group played them, and the members of the group were not co-authors. Contributions must be the creation of a musical piece, not the performance or interpretation here, but an important and skilful contribution to the performance of a musical piece is not the correct kind of contribution to sharing copy rights. Also, the contribution to software authoring was more like a proof reader skill than an authoring skill [7]. Another kind of complexity is when a work is a combination of different works, such as a movie work, a recording, and the lack of clarity in the definition of "producer" is added to it. [8] Such a question is The question raised in the court of GeePeeFilms (p) vs. Pratik Chowdhary, [9] in the court was whether it was financially responsible for the recording and fell under the definition of "producer". Plaintiffs are not liable for such recordings, even if they pay all costs for the recordings, including studio rents and musician compensation, and are therefore "responsible" in Article 2 (uu). Cannot be considered a producer because of the appearance of.) Does not refer to "resulting legal liability" for such records, not financial liability.
Also, determining copyright ownership when the author works on someone's instance for valuable consideration, or in the process of hiring under a service contract [10], adds some complexity. Faced with, depending on the facts of each case, which is equivalent to contacting the service, the judiciary has set up different tests to determine it. Authors can create their work independently or under a service contract or service contract.
One such case in court was VT Thomas v. Malayarama Norama [11], and the question in court was after the termination of employment of an employee (Tom) from Manorama regarding Tom Manorama's future work. Upon termination of employment, the employee will own the copyright of the subsequent work and the previous employer will not have the copyright of the subsequent work so created. .. After the end of employment from Manorama, Tom is the author of the work, he is free to draw cartoons, and Manorama has no right to restrict him from drawing cartoons. An interesting question here is if Manorama is happy that they are the owners It is possible to limit Tom's use of such characters in the cartoons. If the manga was developed in the process of employment, can the author use it after dismissal? The court seems to have allowed both parties to continue publishing the comics, rather than giving a clear reason for the legal issue. We conclude that the cartoon character was developed by the author in 1957 and was copyrighted.
When deciding whether a person has a service contract or a contract to apply a basic test of a service, "the person who performed himself to perform these services is his own. Whether you are running them as a business person in your account. " If yes, it is a contract of service, or whether the employee employed is part of the business and his work is an integral part of the business, or his work is integrated into the business Not business with his own account, whether it is an accessory to the work done by him. The former is a service contract and the latter is a service contract. [12]
The court of Zee Entertainment Enterprises Ltd vs. Gajendra Singh and ors considered and submitted another test. [13] Here, the plaintiff (Zee TV) was a plaintiff (star TV) employee from 1992 to 1997. In the process of hiring with, in consultation with other senior employees and the plaintiff's programming team, create an Antakushari concept note, create a video game show format titled "Antaksari", and of the concept note. The employer is the copyright owner because it is the same as writing in form. The question in court was whether the defendant had a service contract or a service contract. After passing the 1994 employment contract, some clauses indicated a contract of service, and some clauses were in favor of the contract of service. When making payments taking into account the fact that the defendant signed the voucher on behalf of the plaintiff, the TDS certificate indicates that he is a contractor. The total salary package is usually revised for letters appointed by the plaintiff as chairman and sent to the defendant for progress in his career. The "salary" held as a service contract is not used.
At the University of London Press vs. University Tutorial Press [14], the examiner is free to prepare questions at his convenience, as long as he is prepared by booking the exam, the syllabus, the book to his skill. I was entrusted with it. Considering the job, the level of knowledge expected in the entrance exam, and aspects of this issue, the examiner acted under a service contract rather than a service contract.
When a man hires another person to work for him under his control, he directs when the work is done, the means adopted to bring the end, and how the work arrives. can do. In that case, the contract is a service contract and the copyright belongs to the employer. On the other hand, when a man hires another person to do a particular job, but leaves it up to the other person to decide how the job is done. What steps he must take to produce that desired effect, and that is the contract of service. In such cases, the copyright belongs to him, not the employer. Control testing is a convenient way to determine if a party is an employee in a master-slave relationship. [15] However, it provides little help with respect to those professions where one has a considerable amount of freedom. In the situation, the court emphasized that the question of whether someone is an employee depends on whether the work they do is an integral part of the business. When determining if a person is an employee, the court examines the nature of the relationship, what it is, and what that person is doing in their daily activities.
Factors such as their responsibilities also have the opportunity to provide their own equipment, hire their own helpers, take financial risks and benefit from the work they perform. Also, financial arrangements between the parties. The modern approach abandons the search for a single test and instead takes multiple or "practical" approaches that consider all the pros and cons of the employment contract and decide which one to decide. It was to take. The scale on the side finally settles down. The most important factors are usually: the right to choose and reject-direct payment of some form of compensation, deduction of PAYE and national insurance premiums, workplace organization, supply of tools and materials (still in labor-only subcontracts): (Yes) and financial reality (especially those who are at risk of loss and may benefit, and whether employees can be said to be "business with their own account"). Further developments in recent case law (especially with respect to atypical employment) have been the idea of reciprocity of obligations as a possible factor. That is, does the process of transaction between the parties show such an interrelationship sufficient for an overall employment relationship to exist? The question before the IPRS vs. East Indian Films [16] Court was whether the filmmaker could defeat the music composer or composer's rights, and the court said u / s17 (b). ) Was determined to have an automatic transfer of all rights. Author. Therefore, the producer is the owner of the music or recording, and the producer can revoke the composer's rights to the music or composer. However, Article 13 (4) states that the copyright of a movie film or recording is made by reading any work, or most of it, the movie, or in some cases, in combination with seconds. 13 (3) and (4) assume a contractual relationship with these creators to protect their interests. S.17 envisions an employment contract, and in the case of 17 (b), cinematographic film, the composer's copyright and lyrists still remain with them. It is a contractual obligation to bind producers, composers and lylists, and all rights of 17 (b) authors are not automatically assigned. 17 (b) does not mention recordings, literary or musical works, only cinematic films. Therefore, the producer is not the owner of the music or recording unless it complies with S.17 (c). Therefore, the producer cannot revoke the rights of the music composer or lyricist. Therefore, it is clear that the intent behind S.17 (b) is to provide incentives to the authors of literary or musical or recordings. Balance 17 and 13 (4) are defeated. However, here the court gave a different interpretation to 17 (b) without considering S 13 (4) and (5) and ruled that there was an automatic transfer of all rights of the author u / s.17 (B). With this decision, become a producer who will benefit financially from the work of a composer or lyricist. The producer has the right to incorporate literary and musical works into the film. Therefore, when a composer's or lyricist's literary or musical work is incorporated into a cinematic film, that is, the correct u / s. Although 14 (a) and (iv) are assigned to the producer, the author's other rights to the music and the literal work still rest with the composer or lyricist. 2 (g) & (uu) Also s.14. In the case of government. The Government of Works shall be the first owner of the copyright, unless otherwise agreed. Kerala [17] Government. (Defendant) As part of the government's implementation of information technology. The department's software development project was outsourced to CDIT, which outsourced the work to the plaintiff. Upon completion of the work, the plaintiff filed a proceeding alleging that he was the owner of the program. Therefore, the work was a government work, and therefore the defendant (Kerala) was the author of the work. U / s 17 (d) states that in the case of government. The Government of Works shall be the first owner of the copyright, unless otherwise agreed. There was no opposition agreement here.
Infringement of copyright
What is infringement of copyright?
Copyright infringement refers to the unauthorized use of someone's work. Therefore, unauthorized use of someone else's work infringes certain rights of the copyright owner, such as the right to copy, distribute, display, or perform a protected work.
Article 51 of the Copyright Act stipulates when copyright is infringed. According to Article 51 of the Act, copyright is considered infringed in the following cases:
Examples of copyright infringement
Infringement factors
The work was the author's original work
The defendant actually copied the author's work. It is important to note that not all de facto copies are legally viable. Substantial similarity between the author's and the defendant's work must be established to prove that the defendant infringed the author's copyright.
Copyright issues
There are some issues that can occur with copyright. These are described below.
Plagiarism
Someone may copy the copyrighted material and pretend it is his original work. You can cite or refer to your work, but anyone using a copyrighted work must credit the copyright owner.
Owned
Ownership issues can occur when an employer works for an organization. In such cases, who owns the copyright of the work? If a person is an employer, it is the organization that owns the copyright of the material, but if the person is a freelance writer, the sole owner of the copyrighted material is the person.
Derivative work
Derivative work uses someone's existing work. This is a new version of the existing material. For example, translate a book into another language. Some people need that license, but if they don't have that license, they may be held liable for copyright infringement.
Types of copyright infringement
Copyright infringement can be broadly divided into two categories.
Primary infringement
Secondary infringement
Primary infringement
Primary infringement refers to the actual act of copying the work of the copyright owner. For example, if you want to copy a book and distribute it for commercial purposes.
However, in some cases, you can only copy part of the work, such as an article paragraph. In such cases, the copyright holder needs to establish two things:
Substantial dose
Copyright is infringed only if an unauthorized person copies most of the work. For example, copy the catchy phrase of the lyricist.
Courts also try to think about how ordinary people perceive the work when deciding a case. If the average person feels that the work is being copied from another source, it is considered infringement.
If the style, language, or error is similar to the copyrighted work, it serves as evidence of reproduction in court. Small changes made by the copyright holder in his or her work do not affect the alleged infringement.
Casual connection
The copyright holder must prove that the copyright holder and the infringer's work are similar. However, this could be due to several other reasons, such as both using the same source for the investigation. In such cases, the copyright holder cannot claim infringement.
Secondary infringement
Secondary infringement refers to infringement of a copyrighted work without actually copying it. This can happen in the following ways:
Providing a place for piracy
Such if a person is allowed to provide the place or use the place to convey the place to the general public (for commercial purposes) and such work constitutes copyright infringement. A person may be held liable for copyright imprisonment. However, we cannot be held liable if you are unaware or have no reason to believe that the location is being used for copyright infringement.
Civil remedies for copyright infringement
Civil remedies for piracy are covered in Section 55 of the Copyright Act of 1957. The various civil remedies available are:
1) Intermediate injunction
The most important remedy is the granting of a provisional injunction. In most cases, the completed application form is for intermediate relief and the question rarely crosses the intermediate stage. There are three requirements for a provisional injunction to be granted. One is just for the time being. Second, we need a balance of convenience. Finally, you need an irreparable injury.
2) Financial relief
Copyright owners may also seek three financial remedies under Articles 55 and 58 of the Copyright Act of 1957. Second, compensatory damages that allow copyright owners to seek damages incurred due to infringement. Third, conversion damages that are evaluated according to the value of the article.
3) Anton Pillar Order
The name of the Anton Pillar Order is Anton Pillar AGV. Derived from possession in the manufacturing process. The following elements are present in the Anton Pillar Order – first, an injunction that limits the defendant's destruction or infringement of goods. Second, an order permitting the plaintiff's lawyer to search the defendant's premises and keep the goods safe. Third, an order instructing the defendant to disclose the names and addresses of the supplier and consumer.
4) Maleva injunction
Maleva's injunction takes effect when the court believes the defendant is attempting to delay or interfere with the enforcement of the legislation passed against him. The court has the authority to instruct him to put all or part of his property under court disposition if it may be sufficient to satisfy the decree. This is stipulated in Rule XXXVIII Rule 5 of the Code of Civil Procedure 1908.
5) Norwich Pharmacal Order
Norwich Pharmacal Orders are usually passed when information needs to be discovered by a third party.
Key takeaways:
Introduction
The Right to Information (RTI) is the act of the Parliament of India, which sets out the rules and procedures for citizens' right to information. It replaces the previous 2002 Freedom of Information Act. Under the provisions of RTI law, Indian citizens can request information from "public agencies" (government agencies or "state agencies") who need to reply promptly. Within 30 days. For issues relating to the life and freedom of the complainant, the information must be provided within 48 hours. The law also encourages all public authorities to computerize and disseminate their records and promote certain categories of information so that citizens need minimal means to formally request information. I am requesting that it be made public.
Right to information Act,2005
Historical background
The right to information is a basic right under Article 19 (1) of the Constitution of India. In a 1976 proceeding between Raj Narain and Uttar Pradesh, the Supreme Court ruled that the right to information was treated as a fundamental right under Article 19. The Supreme Court has the right to know about the workings of the government, where people are the masters of democracy in India.
Therefore, in 2005, the government enacted the Information Rights Act, which provides a mechanism for exercising this basic right.
For more information on the Indian Constitution, please see the linked article.
Information Rights Act of 2005
This law is one of the most important laws that allows the general public to question the government and its activities. It is widely used by citizens and the media to reveal corruption, progress of government operations, expense-related information, and more.
All constitutional authorities, institutions, and government-funded organizations that are owned and controlled are also within the scope of this law. The law also requires union or state government officials to respond in a timely manner to citizens' requests for information.
The law also imposes penalties if authorities delay the response to citizens within the prescribed time.
Learn more about cultural and educational rights in the linked articles.
What kind of information can I request through RTI?
Citizens can ask government authorities for information that the government can disclose to Congress.
Some information that may affect India's sovereignty and integrity is exempt from the scope of RTI.
Information related to internal security, foreign relations, intellectual property rights (IPR), and cabinet discussions is exempt from RTI.
Purpose of the RTI method
Allows citizens to ask questions to the government.
This law promotes transparency and accountability in government activities.
The law also helps contain government corruption and work for people in a better way.
The law envisions building more informed citizens who will continue to be on the alert for the functioning of government agencies.
Important provisions based on the 2005 Information Rights Act
Section 2 (h): Public Institution means any institution and institution under the Union Government, State Government, or Local Authority. Civil society, which is substantially funded directly or indirectly by public funding, is also within the scope of RTI.
Section 41 (b): Governments need to maintain and proactively disclose information.
Section 6: Provides simple steps to protect your information.
Section 7: Specifies the time frame for the PIO to provide information.
Section 8: Only minimal information exempt from disclosure.
Section 8 (1) refers to the exemption from providing information under the RTI Act.
Section 8 (2) provides for the disclosure of information that is exempt under the Official Secrets Act of 1923 if greater public interest is provided.
Section 19: Two-layer mechanism for appeal.
Section 20: Provides penalties for inaccurate, incomplete, misleading, or distorted information if you fail to provide information about time.
Section 23: Lower courts are prohibited from proceedings or applications. However, the jurisdiction of the Supreme Court of India and the High Court under Articles 32 and 226 of the Constitution is not affected.
Significance of the RTI method
Recent fixes
Criticism of the RTI law
RTI method – related issues
Desperate and demanding a huge amount of information.
Submit RTI and advertise
RTI was submitted as a compelling tool for harassing or putting pressure on public authorities
b. Due to illiteracy and unconsciousness among the majority of the country's population, RTI cannot be exercised.
c. Although the purpose of RTI is not to create a grievance mechanism, notifications from the Information Commission often prompt public authorities to handle grievances
Information Technology Law,2000
On October 17, 2000, the Information Technology Act (2000) or ITA (2000) or IT Act was notified. This is a law dealing with cybercrime and e-commerce in India. This article describes the purpose and features of the Information Technology Act of 2000.
2000 Information Technology Law
In 1996, the United Nations Commission on International Trade Law (UNCITRAL) adopted a model law on electronic commerce (e-commerce) and unified the law in various countries.
In addition, the General Assembly recommended that all countries should consider this model law before changing their legislation. India has become the twelfth country to enable cyber law after passing the Information Technology Act of 2000.
The first draft was drafted by the Government of India's Ministry of Commerce and Industry as the 1998 E-Commerce Act, but was re-drafted as the "1999 Information Technology Bill" and passed in May 2000.
Purpose of the law
The Information Technology Act of 2000 provides legal approval for electronic exchange of data and transactions made through other electronic means of communication or electronic commerce.
This includes the utilization of paper-based communication methods and alternatives to information storage to facilitate electronic filing of documents to government agencies.
In addition, the law amended the Indian Criminal Code of 1860, the Indian Evidence Act of 1872, the Banker Book Evidence Act of 1891, and the Reserve Bank of India Act of 1934. The purpose of this law is to:
Features of the 2000 Information Technology Law
Law applicability and non-applicability
Applicability
According to Section 1 (2), this law applies to the entire country, including Jammu and Kashmir. To include Jammu and Kashmir, the law uses Article 253 of the Constitution. In addition, it provides extraterritorial jurisdiction without considering citizenship.
Section 1 (2) and Section 75 provide that this law applies to any crime or breach committed outside India. If the act of a person making up a crime involves a computer or computerized system or network in India, that person will be punished by law, regardless of their nationality.
Lack of international cooperation is that the only limitation of this provision.
Non-applicability
According to Section 1 (4) of the Information Technology Act of 2000, this law does not apply to the following documents:
Electronic governance
Definition: Electronic governance is the integration of information and communication technology (ICT) in all processes with the aim of extending to electronic governance and strengthening the government's ability to meet the needs of the general public. The basic purpose of electronic governance is to simplify the process of everyone, governments, citizens, businesses, etc., at the national, state and local levels.
In short, it is the use of electronic means to promote good governance. This means implementing information technology in government processes and functions to achieve simple, moral, accountable and transparent governance. It involves access to and provision of government services, dissemination of information, and communication in a fast and efficient manner.
Benefits of electronic governance
The government plans to increase the scope and quality of information and services provided to the general public by using ICT easily, economically and effectively through electronic governance. The process is very complex and requires proper placement of hardware, software, networking, and in fact all processes reengineering, facilitating better service delivery.
Types of interaction in electronic governance
Electronic governance is possible only if the government is ready for it. It's not a day's work, so the government must plan and execute before switching to it. Some measures include investing in telecommunications infrastructure, budgeting resources, ensuring security, monitoring assessments, speeding internet connectivity, promoting public awareness of importance, and support from all government departments. It will be.
Electronic governance plays a major role in improving and supporting all tasks performed by government departments and agencies to simplify tasks on the one hand and improve the quality of work on the other.
Purpose of E Governance
The purpose of electronic governance is:
Characteristics of E Governance
The concept of electronic governance proves that it is a powerful tool for modern public services. Some of its functions can be found by observing the functions of electronic governance.
Secure Electronic Records and Digital Signatures
What is a digital signature?
Digital signatures are a type of digital signature, both of which are used to sign documents, but there are some important features that make them unique.
Before we dive into the details, it may be helpful to go back a bit and review the security concerns surrounding paper-based documents and workflows. The most common concerns organizations and individuals face when dealing with paper-based documents are:
Is the person who signed the document the person they claim? Or, in other words, how do you know if your signature is valid and not forged?
How can I protect (or see from the recipient's point of view) that the content in the document has not been tampered with?
The existence of notaries was devised to address these very effective concerns and can be traced back to the time of ancient Egypt (according to the National Notary Association). Notaries today play an important role in ensuring that the documents are genuine and credible to the parties to the transaction.
As we doubt, the same problem exists in electronic document workflows. Digital signatures have been developed to help solve this problem. These are basically the digital equivalent of adding a notarized signature to a document. For digital signatures, a trusted third party called a Certificate Authority (CA) is responsible for verifying your identity.
The certificate authority binds the ID to a PKI-based digital certificate. This allows you to use certificates to create digital signatures locally using tokens or remotely using cloud-based signing platforms.
When you apply a digital signature to a document, encryption binds the digital certificate (provided after verifying the user's identity) to the data signed with one unique "fingerprint". As with real fingerprints, you cannot duplicate or modify the cryptographic components that make up a digitally signed document. This makes digital signatures secure, compliant, and stronger from a legal point of view. Digital signatures can be used to digitally convert, digitally "package", or digitally seal documents.
In summary, with carefully thought out and secure cryptographic operations, digital signatures can ensure that:
The documentation is genuine and comes from a validated source
The ID is verified by a publicly trusted organization (CA).
If any changes are made, the signature will appear as invalid and the document has not been tampered with since it was digitally signed.
Secure electronic recording.
If security procedures have been applied to electronic records at any given time. In that case, such a record shall be considered a secure electronic record from that point in time to the point of verification.
Electronic recordings are described partially 11, "Any combination of digital text, graphics, data, audio, images, or other representations of data created, modified, maintained, archived, retrieved, or distributed by a computing system . Is defined as. By this definition, electronic recording is the same as paper recording.
Digital signature certificate
A certificate authority that issues digital signature certificates.
Upon receipt of the application under subsection (1), the certificate authority will review the certification practice statement or other statement under subsection (3), make any inquiries deemed appropriate, and then grant the digital. can do. We will reject your application for reasons recorded on your signature certificate or in writing.
However, a digital signature certificate will not be granted unless the certificate authority meets the following conditions.
Statement at the time of issuance of the digital signature certificate.
The certificate authority when issuing a digital signature certificate shall certify that:
Suspension of digital signature certificate.
i. A certificate authority that has issued a digitally signed certificate may suspend such a digitally signed certificate in accordance with the provisions of subsection (2)-
-When you receive a request to that effect
Subscriber listed on toe digital signature certificate, or
A person who is duly authorized to act on behalf of the subscriber
ii. If there is an opinion that the digital signature certificate needs to be suspended for the public good
Digitally signed certificates shall not be suspended for more than 15 days unless the subscriber is given the opportunity to comment on the issue.
iii. Upon suspension of a digitally signed certificate under this section, the Certificate Authority shall notify the subscriber.
Revocation of digital signature certificate.
If the subscriber or someone else authorized by him requests that effect, or
At the time of the subscriber's death, or
At the time of dissolution of a company or liquidation of a company whose subscriber is a company or a company.
b. In accordance with the provisions of subsection (3), without prejudice to the provisions of subsection (1), the certification authority may revoke the issued digital signature certificate at any time with the following opinions:
c. Important facts on digital signature certificates are false or hidden.
d. The requirements for issuing a digital signature certificate were not met.
e. The certificate authority's private key or security system has been compromised in a way that has a significant impact on the authenticity of digitally signed certificates.
f. If a subscriber is declared bankrupt or dead, or if the subscriber is a company or company and is dissolved, dissolved, or otherwise no longer exists.
g. The digital signature certificate shall not be revoked unless the subscriber is given the opportunity to hear about the issue.
h. If a digitally signed certificate based on this section is revoked, the certificate authority shall notify the subscriber.
Notification of suspension or cancellation.
If the digitally signed certificate is suspended or revoked under Section 37 or Section 38, the Certificate Authority may, in some cases, to the repository specified in the Digitally Signed Certificate for publication of such notice. Notice of suspension or cancellation shall be published.
If one or more repositories are specified, the certificate authority shall publish such suspension or revocation notices in some cases. In all such repositories.
Cyber Regulations Appellate Tribunal
Composition of Cyber Appeal Referees (Section 49)
The central government appoints only one person to the Tribunal to chair the Cyber Appeal Tribunal.
Eligibility to be appointed chair of the Cyber Appeals Court (Section 50)
A person is considered eligible to be appointed chairman of the court if:
Term (Section 51)
The term of office of the chairman of the Cyber Appeals Court is five years from the date of joining the company or the age of 65, whichever comes first.
Filling vacancies (Section 53)
If the referee is vacant for reasons other than temporary absence, the central government will hire another person to fill the vacancy in accordance with the law. In addition, before the referee, the procedure will continue from the stage when the vacant seats are filled.
Resignation and dismissal (Section 54)
The chair may resign after submitting a written notice to the central government if the following conditions are met:
He will be in office until the expiration of three months from the date the central government receives such notice (unless the government allows him to abandon his position sooner), or
He will take office until the appointment of his successor, or
Until his office expires. Whichever is faster?
If cheating or incompetence is proven, the central government can pass an order to dismiss the chair of the Cyber Appeal Court. However, this is only after the Supreme Court judge has conducted an investigation only if the presiding judge is aware of the accusation against him and has a reasonable opportunity to defend himself.
The central government may regulate the chair's fraudulent or incapacitated investigation procedure.
The order that constitutes the Court of Appeals is final and does not invalidate the procedure (Section 55).
According to this section, the order by the central government to appoint a person to chair the referee cannot be questioned in any way. In addition, the court's constitutional flaws cannot question the proceedings in the Cyber Appeal Court.
Consent of the parties.
The person submitting the appeal must file it within 25 days from the date of receipt of the order from the trustee or arbitrator. In addition, he must accompany the appeal for a prescribed fee. However, if the Tribunal is pleased with the reason behind the delay in filing the appeal, it can be entertained even after 25 days have passed.
Upon receiving an appeal under subsection (1), the court gives all parties to the appeal an opportunity to state their allegations before passing the order.
The Cyber Appeals Court will send a copy of all orders made to all parties to the appeal and the relevant administrator or arbitrator.
The court will seek to promptly address the appeal received under subsection (1). We will also try to finally dispose of it within 6 months of receiving the appeal.
Cyber Appeal Court Procedures and Authority (Section 58)
i. Summon and force everyone's attendance and examine him under the oath
ii. Ensure the availability of required documents or electronic records
iii. Receiving evidence of affidavit
iv. Issuance of a committee to investigate witnesses or documents
Decision review
Reject the default application, or decide that it is an assessment system.
All proceedings in the Cyber Appeal Court are, within the meaning of Articles 193 and 228, like judicial proceedings for the purposes of Article 196 of the Indian Criminal Code. In addition, the referee is like a civil court for the purposes of Articles 195 and XXVI of the Code of Criminal Procedure of 1973.
Legal agent rights (Section 59)
The appellant may appear directly or allow one or more legal counsel to present his proceedings before the trial.
Limits (Section 60)
The 1963 statute of limitations applies to appeals filed with the referee.
Offence
Types of crime
Crimes can go through the criminal justice system in one of two ways. The first is brought to trial directly, and the second is brought to trial after a preliminary hearing. Witnesses testify twice, in some cases, both in preliminary hearings and in trials.
There are three types of crimes that can help you determine if you have a trial and a preliminary hearing, or just a trial. Summary, prosecution, hybrid (or dual).
Summary and prosecutable crimes
Many crimes are subject to imprisonment of up to 6 months and a fine of up to $ 2,000.00. These crimes are called informal prosecutions and proceed without "summary" or delay. Since the relevant judgments are not as serious as other crimes, a brief indictment trial is held in a state court in front of a state court judge.
In most cases, the defendant will be tried by any level of court, as if the crime is more than six months old and convicted, these crimes can have more serious consequences for the defendant. You can choose whether to hear it. These are called prosecutable crimes and are subject to formal written accusations "by prosecution" or nominating a particular person or crime.
With the exception of murder, in the case of a prosecutable crime, the accused can choose:
Hold a trial in the district court before the judge in the district court. If the accused is found guilty, the biggest potential judgment is still the criminal judgment that can be prosecuted.
The trial is conducted in front of a Supreme Court judge or a Supreme Court judge and a jury, and a preliminary hearing is conducted in the district court.
In a Supreme Court trial, there are two trials, so it usually takes time to conclude the proceeding. In addition, the Supreme Court does not have state courts everywhere, so trials may be held in a different community than the preliminary hearing. Another notable difference is that in the Supreme Court, lawyers are "gowns" with or without a jury. That is, the lawyer wears a standard short-waisted black jacket, a white shirt with a collar and tabs, and a black gown throughout. Canadian lawyers and judges do not wear wigs as is customary in the United Kingdom.
The difference for witnesses is that you may have to testify in both the preliminary hearing and the trial, or you may have to testify in the trial alone.
Hybrid or dual offense
Some crimes are called hybrid or felony because they can be prosecuted by summary or prosecution. The Crown Counsel will decide which procedure to use. For hybrid offenses, the criminal law provides the highest fines and imprisonment for both summarization and prosecution.
If the crime is serious and the Crown chooses to continue in a nutshell (usually up to 6 months in prison), the maximum penalties can be higher. For example, the maximum imprisonment for sexual assault is 18 months instead of 6 months.
If Crown chooses to prosecute the accused, the accused may opt for a judge or judge and jury trial in state or supreme court.
The Crown Counsel must advise the court on the procedures to be followed before the accused is found guilty (guilty or not guilty). The accused can then hold his election (choice) and set an appropriate date for the preliminary hearing or trial set.
If the accused chooses to go to the Supreme Court, he will not enter the district court's plea, but at any time until the Supreme Court's trial is over, he will enter the guilty plea and proceed to the decision.
Limitations of the Information Technology Act.
Information technology may have streamlined business processes, but it also created work redundancy and downsized and outsourcing. This has eliminated many low and medium level jobs and made more people unemployed.
b. Privacy
Information technology may have made communication faster, easier and more convenient, but it also purchased in line with privacy issues. From cell phone signal interception to email hacking, people are now worried about what was once private.
Information becomes publicly known.
c. Lack of employment security
Industry experts believe that the Internet is making employment security a major issue as technology continues to change day. This means that if he or she wants their work to be safe, one must be in a certain learning mode.
d. Dominant culture
Information technology may have made the world a global village, but it also contributes to one dominant culture for another weak one. For example, the United States is now claimed to influence the behavior of most young teens around the world.
Behave in clothes. Language has also faded and English has become the primary means of communication for business and everything else.
Key takeaways:
References:
