THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN CYBERSPACE: A CRITICAL STUDY WITH SPECIAL REFERENCE TO INDIAN LEGAL FRAMWORK

Abstract

The virtual space where all electronic communications take place is referred as “Cyberspace”. It is not possible to determine its spatial location and composed of intangible entities, i.e., computer, internet, websites and information etc. It provides the platform where people can share information, conduct business, and create artistic media. The common legacy of human is often misused by certain individuals, making it a new frontier for many types of cyber-crimes. The technological inventions made human life comfortable but also brings challenges to legal field. In the absence of geographical barrier to commit cyber-crimes in cyberspace, it is a herculean task to cope with cyber-criminals. These crimes include attack on the personal information. In the present era, individuals worldwide have the ability to engage in real-time communication via a wide range of technological gadgets. Within a matter of seconds, a piece of information published by a solitary human has the potential to spread rapidly and widely throughout the internet. Despite the significant impact of Information Technology on our daily lives, just a few individuals possess comprehensive knowledge about computers and the internet. Hence, it is imperative to conduct a methodical examination and thoroughly analyse the fundamental attributes of cybercrime, as well as establish comprehensive legislation aimed at safeguarding intellectual property rights inside the digital realm.

The author has tried delt with the techno-legal protection measures to protect the intellectual property rights,  access control, examining situations after enactment of the intellectual property regulations  specifically information Technology Act., and concludes with that the techno-legal measures used to access control mechanism may be appropriate answer in the light of piracy menace but whether it is on the cost of doctrine passing off, fair use, if so then precautions have to be taken to balance the both rights.