LAB Lecture 33 34 PDF

Subject Code LAB 301 Consumer Protection Act, 1986 IT Act, 2000 and Intellectual Property Concepts  Digital Signature, Electronic Governance, Electronic Records E – Contracts, E – Business models, E – Commerce & Security, Cyber Crimes....

Subject Code LAB 301 Consumer Protection Act, 1986 IT Act, 2000 and Intellectual Property Concepts  Digital Signature, Electronic Governance, Electronic Records E – Contracts, E – Business models, E – Commerce & Security, Cyber Crimes. Intellectual Property Laws – Understanding of concepts of patents, copyrights, trademarks and designs  The Information Technology Act, 2000 was made applicable in India with following objectives 1. To give legal recognition to any transaction which is done electronically or use of internet? 2. To give legal recognition to digital signature for accepting any agreement via computer. 3. To provide facility of filling document online relating to school admission or registration in employment exchange. 4. To provide legal recognition for storage in electronic format. 5. To stop computer crime and protect privacy of internet users. 6. To give legal recognition for keeping books of accounts by bankers and other companies in electronic form. Digital Signature A Digital signature (standard electronic signature) takes the concept of traditional paper-based signing and turns it into an electronic “fingerprint”. This fingerprint or coded message, is unique to both the document an the signer and binds both of them together. The digital signature ensures the authenticity of the signer. Any changes made to the document after it is signed invalidate the signature, thereby protecting against signatur forgery and information tampering. Digital signatures help organizations to sustain signer authenticity accountability, data integrity and non-repudiation of electronic documents and forms Who issues digital Signature? A digital signature is issued by a Certifying Authority (CA) and is signed with the CA’s private key. A digital signature/electronic signature typically contains the: Owner’s public key, the Owner’s name, Expiration date of the public key, the Name of the issuer (the CA that issued the Digital ID), Serial number of the digital signature, and the digital signature of the issuer. Digital signatures deploy the Public Key Infrastructure (PKI) technology. Whether digital Signature is permitted/recognized in India? In India, recognition to digital signature has been given under Income Tax Act, 1961 and Companies Act, 2013. As per provisions of Companies Act, 2013, directors of the companies are required to sign their document by means of digital signature only. Similarly if one file his Income Tax return electronically using digital signature he does not need to submit a physical copy of the return. ELECTRONIC RECORDS As per Section 2(t) of Information Technology Act, 2000, “Electronic Record” means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche.  As per Section 4 of the Act, where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is rendered or made available in an electronic form; and accessible so as to be usable for a subsequent reference. MEANING OF E-GOVERNANCE E-Governance or ‘electronic governance’ is basically the application of Information and communications Technology to the processes of Government functioning in order to bring about ‘Simple, Moral, Accountable, Responsive and Transparent’ (SMART) governance. This would generally involve the use of IcTs by government agencies for any or all of the following reasons: (a) Exchange of information with citizens, businesses or other government department (b) Speedier and more efficient delivery of public services (c) Improving internal efficiency (d) Reducing costs /increasing revenue (e) Re-structuring of administrative processes and (f ) Improving quality of services.  OBJECTIVES OF E-GOVERNANCE To provide citizens access to information and knowledge about the political process, about services and about choices available. To make possible the transition from passive information access to active citizen participation by Informing, Representing, Encouraging, Consulting and involving the citizen. To satisfactorily fulfil the public’s needs and expectations on the front office side, by simplifying their interaction with various online services E-Contracts An e-contract is a contract where the offer and acceptance, and consideration etc., are done by electronic means. An E-contract is also a valid form of contract but there is just one important factor involved is that the E-contracts come into force with the help of the Internet or digital mode of communication  It provides the best opportunity for sellers to reach their consumers without any help from agents or middlemen. The person can buy the goods from the USA by sitting in India just by doing a few clicks on his electronic gadget. These types of contracts perform the best role where the parties of the contract live in the different places of the world and it is very tough to meet in reality due to far distance. Validity of E-Contracts in India In the eye of the law, the E-contract is also considered as any other physical contract. This is also governed by the Indian contract act. Therefore, the validity of an e-contract in India will depend if it is satisfying all the essentials of a valid contract E – Business models Electronic commerce, commonly known as E-commerce is trading in products or services using computer networks, such as the Internet. Electronic commerce draws on technologies such as mobile commerce, electronic funds transfer, supply chain management, Internet marketing, online transaction processing, electronic data interchange (EDI), inventory management systems, and automated data collection system  Sharing business information, maintaining business relationships and conducting business transactions using computers connected to telecommunication network is called E-Commerce.  Business models of e-commerce: Business-to-Consumer (B2C) In a Business-to- Consumer E-commerce environment, companies sell their online goods to consumers who are the end users of their products or services. Usually, B2C E-commerce web shops have an open access for any visitor, meaning that there is no need for a person to login in order to make any product related inquiry. Business-to-Business (B2B) In a Business-to-Business E-commerce environment, companies sell their online goods to other companies without being engaged in sales to consumers. In most B2B E-commerce environments entering the web shop will require a log in. B2B web shop usually contains customer-specific pricing, customer-specific assortments and customer-specific discount Consumer-to-Business (C2B) In a Consumer-to-Business E-commerce environment, consumers usually post their products or services online on which companies can post their bids. A consumer reviews the bids and selects the company that meets his price expectations. Consumer-to-Consumer (C2C) In a Consumer-to-Consumer E-commerce environment consumers sell their online goods to other consumers. A well-known example is eBay Cyber Crime Any criminal activity that involves a computer, networked device, or any other related device can be considered a cyber crime. There are some instances when cyber crimes are carried out with the intention of generating profit for the cybercriminals, whereas other times a cyber crime is carried out directly to damage or disable the computer or device. It is also possible that others use computers or networks to spread malware, illegal information, images, or any other kind of material. What is Patent? Patent is an exclusive right for an invention provided by the law for a limited time to the Patentee. By patenting an invention, the patentee is able to control the making, using, selling or importing of the patented product or process for producing that product without his/her consent. An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented in India. What is Copyright? Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Copyright does not protect brands or names, short word combinations, slogans, short phrases, methods, plots or factual information.  Copyright also does not protect ideas or concepts. Therefore, copyright is mainly used to protect the creativity of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software. What is Trademark? Trademark is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one Enterprise on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. Hence, trademarks are mostly used to protect brand names, business names, slogans and more. Design Industrial designs belong to the aesthetic field, but are at the same time intended to serve as pattern for the manufacture of products of industry or handicraft. An industrial design is the ornamental or aesthetic aspect of a useful article, which must appeal to the sense of sight and may consist of the shape and/or pattern and/or color of article.  “design” means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye;