Crime

Just Dessert Name: ADJ/215 Date: Instructor: Just Dessert It is a normal feeling for people in our society to want someone to be punished for the crime they commit. Without any type of punishment it feels like justice was not served especially when there is a victim involved. This in many people’s eyes is a way to justify punishment and it is based on the just dessert theory. With this theory it is the belief that a person should be punished based on the harm they caused and the crime they committed.

In other words the punishment should fit the crime. People who are for just dessert believe that retribution justifies punishment because it is deserving based on the crime. Where the opposing side believes that justification of punishment lies in the ability to prevent or minimize future harm. Arguments in Favor of Just Dessert When researching just dessert I found three particular arguments in favor of the just dessert theory. The first argument is that the punishment should be the same for all offenders based on the crime they committed.

This is considered to be fair and justified punishment because it is deserving of the crime committed. The second argument supports that just dessert encompasses fair treatment both to the vulnerable in society and victims rather than just the offenders. This allows the victims of crimes to know what type of justice they can expect. And finally the third argument believes that the just desert theory is the best way to explain the death penalty for murder because if an offender takes a life they would understand and expect that their punishment would be a sentence of death.

Arguments Against Just Dessert There are many arguments against the just desserts theory. Two significant arguments against the just dessert theory are that it gives an inadequate justification of bias or hate crimes and cannot explain the state’s democratic duty to protect the most vulnerable victims. Many opponents are concerned that the state legislatures will set unreasonably high sentences. Just dessert is also thought to be inflexible and fixed for every offender; very little if any consideration is given to the circumstances surrounding his or her crime.

There is also a fear that just dessert would remove the rehabilitation aspect from prisons across the country. Those that choose to argue in favor of just dessert to support the continued use of the death penalty in the United States are missing, or choose to ignore, many fallacies with the argument of just dessert in support of the death penalty. An important point to keep in mind is that the United State is the only democracy in the world that still uses the death penalty as a possible punishment. (Foley, 2006). My Position is Against Just Dessert

My position was assigned to be against just dessert. While researching just dessert and exploring both sides of the argument I can understand why people are against just dessert. It would seem that this theory would not be beneficial when it comes to certain types of crimes. “When dealing with a case of a single individual who has committed a crime, participants appeared insensitive to the factors that should drive sentencing when utilitarian goals are the motivating force; it was the factors relevant to the just deserts perspective that determined sentencing. (Carlsmith, Darley, & Robinson, 2002). The sentence at an individual level seems to come from a strictly deservingness-based stance rather than taking into consideration the circumstances surrounding the crime when it comes to deciding punishment. Although the type of crime may be similar, no crime is the same or committed for the same reason. The theory of just dessert is retrospective rather than prospective. “The punisher need not be concerned with future outcomes, only with providing punishment appropriate to the given harm.

Although it is certainly preferable that the punishment serve a secondary function of inhibiting future harmdoing, its justification lies in righting a wrong, not in achieving some future benefit. ” (Carlsmith, Darley, & Robinson, 2002). The belief is that the punishment should be proportionate to the harm the person caused. The problem becomes that our judicial system is not perfect and there are times when innocent people are convicted of a crime. If we utilize the just dessert theory with someone ho was convicted of murder we would sentence them to death. If the person was later found to be not guilty we would have murdered an innocent person based on this theory. References Carlsmith, K. M. , Darley, J. M. , & Robinson, P. H. (2002). Why Do We Punish? : Deterrence and just deserts as motives for punishment. Journal of Personality and Social Psychology, 83(2), 284-299. doi:10. 1037/0022-3514. 83. 2. 284 Foley, M. (2006). Toward Understanding the Death Penalty Debate. Retrieved from http://www. ala. org/ala/acrl/acrlpmbs/choice/content/essay. cfm

Intellectual Property Laws of India James Thanickan When India became a Republic in 1950, India had Intellectual Property legislations on copyrights, patents, designs and trade marks. These were mostly adaptations of the laws of Great Britain in each area and were of general international norms. Subsequently, India modified the Intellectual Property legislations to make them meet national needs and requirements.

Pursuant to the country’s joining the World Trade Organisation, India either modified the existing legislations or enacted new legislations in all the intellectual properties identified in the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement), as per the obligations it committed. There are now specific legislations on Copyrights and Related Rights, Patents, Trade Marks, Designs, Geographical Indications of Goods, Plant Varieties and Farmers’ Rights, and Semiconductor Integrated Circuits Layout-Designs.

In addition, India also has legislations on protection of biological diversity and competition. The Indian Intellectual Property legislations are now fully TRIPS compatible. A brief overview of these legislations is presented in the following paragraphs. Copyrights India has a long history of copyright law enactment. As early as 1857, India passed a law to protect copyrights. Later, another Act was passed in 1862. But the Act which became a milestone was the Copyright Act, 1914. This was based on the Copyright Act, 1911 of the United Kingdom with suitable modifications for India.

This Act remained in force until replaced by the present Copyright of 1957 on 21 January 1958. The present legislation was amended periodically in 1983, 1984, 1992, 1994 and 1999 to meet requirements of the times. Presently, a set of amendments is under consideration of the Parliament. Regulations regarding procedures and other matters are prescribed in the Copyright Rules, 1958 as amended from time to time. The Copyright Act extends copyright protection to the following classes of works: (a) Original literary, dramatic, musical and artistic works (b) Cinematograph films, and c) Sound recording. The definition of literary work in the Act is an inclusive definition stating specifically that computer programmes, tables and compilations including computer databases are literary works. Artistic works include architecture but the copyright subsists only in the artistic character and design and not in the process or methods of construction. Copyright will not subsist in any design registered under the Designs Act or an article to which the design has been applied is reproduced more than fifty times by an industrial process.

There shall be no copyright in a cinematograph film if a substantial part of the film is an infringement of copyright in any work. Similarly, if a sound recording contains infringing work, then it will not have any copyright. The law makes it also clear that that the separate copyright in any work incorporated in a cinematograph film or sound recording is not affected by the copyright in the cinematograph film or the sound recording. The following rights accrue to the owners of copyright: reproduction, issuing of copies, communication to the public, translation, and adaptation.

Similar rights are also available for translations and adaptations. For computer programmes, sale and commercial rental rights have also been provided. In the case of original artistic works, the author is eligible for a share of the resale proceeds also. The Indian law also provides for special rights to claim authorship of the work and to restrain or claim damages in respect of any distortion, mutilation, modification or such other acts on the work. The duration of copyright in India is life plus sixty years.

However, in case of cinematograph films, sound recordings, photographs, government works, works of public under takings and international organisations, the term of copyright is sixty years. The Act permits certain acts without specific permission of the copyright owner. These include a fair dealing with a literary (not being a computer programme), dramatic, musical or artistic work for the purposes of private use including research, and criticism or review and also for reporting of current events. Such works can also be reproduced for judicial proceedings and by legislature secretariats for use by members of a legislature.

Reproduction of literary, dramatic, musical and artistic works is also permitted by a teacher or pupil in the course of instruction and examination. In the case of a computer programme, making of backup copies by the lawful possessor is permitted. Decompilation and reverse engineering are also permitted under certain circumstances. Performance of a literary dramatic, or musical work or the communication to the public of such work or a sound recording in the course of any bona fide religious ceremony or an official ceremony held by the government is also permitted.

While copyright accrues without any formality, facility for voluntary registration is available. The registration is made by the Registrar of Copyrights. The registration certificate is prima facie evidence of copyright. There is a copyright Board to appeal against the decisions of the Registrar of Copyrights. A person can also relinquish his copyright with the Registrar of Copyrights. All acts which are the exclusive rights of the owner when done without his permission are infringements. Similarly, importing into India, exhibiting for sale, etc. f infringing copies of a work are also infringements. Civil and criminal procedures are available to the owners in cased of infringement of copyrights. Civil suits can be filed in the district courts of the place where the owner is ordinarily resident or where his business is. Damages and accounts can be claimed in civil suits. Indian courts have now started imposing punitive damages also. All acts of infringement are criminal offences. Mandatory minimum punishments of six months imprisonment and Rs. 0,000 fine for the first offence and double that which can go upto three years imprisonment and Rs. 200,000 fine are prescribed in the Act. Knowing use of an infringing copy of a computer programme is an offence. Police have powers to seize infringing copies of copyrighted works and the machinery and equipment used for such infringement without a warrant. The Indian Act also provides for compulsory licences in certain circumstances such as non-republication and non-permission for translation after certain number of years. For administering the copyrights, the Act provides for copyright societies.

There are separate societies for performing rights, sound recordings, cinematograph films and reprography rights. The Copyright Act has also provisions for extending copyright to foreign works. This is done through a special notification. At present citizens of all countries who are members of the Berne Union or the World Trade Organisation get copyright for their works in India. Related Rights Related Rights are also governed by the Copyright Act. The two categories of related rights provided are for broadcasters and performers. Broadcasters et the broadcast reproduction right which entails that no person shall re-broadcast or cause the broadcast to be heard or seen by the public on payment of any charges, make any sound or visual recording of the broadcast, or sells or rents to the public any recording without licence from the broadcaster concerned. These rights last for twenty-five years. Performers get performers’ right over their performance which means no one can make a sound or visual recording of his performance, or reproduce any such recording or broadcast such recording without the performer’s permission. This right lasts for fifty years.

Both broadcasters and performers rights extend to the importation of copies of sound or visual recordings made without permission. There are exceptions to the enjoyment of the related rights on the lines of exceptions for copyright. Civil and criminal remedies are available for infringement of the related rights, again on similar lines as for copyright infringement. Patents History of patent protection in India also goes back to the late nineteenth century. The first Patent Act was that of the year 1856. This law gave certain exclusive privileges to inventors for a period of 14 years. The Act was replaced by another Act in 1859.

This was patterned after the British Act of 1852. Later, the Protection of Inventions Act was passed in the year 1883. The Inventions and Designs Act of 1888 replaced all the existing Acts in these two areas. Subsequently the Patents and Designs Act of 1911 replaced all the previous Acts. This Act really established a system for proper administration of the Act by appointing Controller of Patents. Later the Patents Act 1970 was enacted on 20th April 1972. This Act was amended in 1999, 2002 and 2005 with a view to making it compatible with the provisions of the TRIPS Agreement and is now fully TRIPS compatible.

Prior to 2005 amendment, products in the field of pharmaceuticals and food items were not patentable. New Patent Rules were notified in 2003. Patents are available for all new inventions, both products and processes in all fields of technology which satisfy the patentability criteria, that is, novelty, inventiveness and industrial application. The Act defines invention as a new product or process involving an inventive step and capable of industrial application and further defines ‘new invention’ as “any invention or technology which has not been anticipated by publication in any document or sed in the country or elsewhere in the world before the date of filing of patent application with complete specification, i. e. , the subject matter has not fallen in public domain or that it does not form part of the state of the art. ” The Indian Act provides an elaborate list of what are not patentable inventions. These, inter alia, include frivolous inventions or inventions which claim anything obviously contrary to well established natural laws or which are meant primarily for use which could be contrary to public order or morality or which cause prejudice to human, animal or plant life or health or to the environment.

Mathematical or business methods or a computer programme per se is also not patentable. Methods of treatment of humans, animals or of agriculture or horticulture are also not patentable. Traditional knowledge, literary, dramatic, musical or artistic works, topographies of integrated circuits, presentation of information, a mere scheme or rule or method of performing mental act or method of playing games and plants and animals in whole or in any part thereof are certain other non-patentable items. However, microorganisms are patentable.

While submitting an application for patent, the applicant has to clearly indicate the source from which the biological material from India has been obtained and also that the necessary permission from the competent authority will be submitted. Such permission is to be obtained from the National Biodiversity Authority. A patent grants the exclusive right to the patentee to prevent third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing the patented product or process.

The Indian Patent Act makes it clear that patents are granted to encourage inventions and to secure that the inventions are worked in India on a commercial scale and not merely to enable the patentee to enjoy a monopoly for the importation of the patented article. With a view to keep a balance of the rights of owners and public interest, the Act also provides for compulsory licences in certain circumstances such as an epidemic or for government use. Provisions also exist for granting compulsory licence in cases of application from countries that do not have adequate manufacturing capacity.

However, so far no compulsory licence has been granted in India. Patent is granted on application to and after examination by the Patent Office. The application can be made by the true and first inventor of the invention or by any assignee or by the legal representative of any deceased person who was the true and first inventor or his assignee. As per the Act, the first person to apply gets the patent, if other conditions are satisfied. Provisional application can be made. However, in such case the complete application should be made within one year of the date of the provisional application.

Ordinarily, patent applications are published in the Patent Journal 18 months after receipt of the application. However, in case the applicant applies for early publication, it will be done. After publication, the applicant or any third party can request for examination of the same. Decisions of the Controller of Patents are appealable to the Intellectual Property Appellate Board. Pre-grant representation against grant of a patent can be made upto six months from the date of publication. Opposition can also be made after grant of a patent. The grounds for opposing a patent clearly enunciated in the Patents Act.

These mostly pertain to the patentability criteria and the non-patentable subject matter specified in the Act itself. The term of a patent is 20 years from the date of application or priority date, whichever is earlier, subject to annual renewal. In case of infringement of a patent right, civil action can be initiated by the patentee. Designs Industrial design protection in India can be traced back to the Patterns and Designs Protection Act, 1872. This was later incorporated in the Patents and Designs Act, 1888 which was later replaced by the Patents and Designs Act, 1911.

So far as designs were concerned, this law remained in force till 11th May 2001, when the Designs Act 2000, along with the Designs Rules 2001, was brought into force. As per the Design Act, protection is extended to all registered designs. The definition of design makes it clear that only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article by an industrial process or means, which in the finished article appeal to and are solely judged by eye are registrable. It does not include any mode or principle of construction or anything which is in substance a mere mechanical device.

Nor does it include trade marks or artistic works which are protected under copyright. Both two dimensional and three dimensional articles are protectable. In order to get registration, the design must be original or novel. Original includes designs which though old in themselves yet are new in their application. A design which has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the date of filing date or the priority date are not eligible for registration.

Similarly designs which is not significantly distinguishable from known designs or combination of known designs or which comprises or contains scandalous or obscene matter are also not eligible registration. A design may be registered in more than one class. Registration of design is to be done in the Design Office at Kolkata, but application can be submitted in any one of the Patent offices at Chennai, Delhi or Mumbai. Appeals against the decisions of the Controller of Designs are to be made in a High Court.

When a design is registered, the registered proprietor of the design gets copyright on that design for a period of ten years. The registration can be renewed once only for five years. Registration of a design makes it illegal for any person to apply or use the design on any article for sale or import of an article on which the design has been applied, without the licence of the registered proprietor. The penalty for piracy of design is payment of a sum not exceeding Rs. 25,000 to the registered proprietor and damages. Civil proceedings are to be instituted in a court not below that of a District Court.

Design copyrights can be assigned or licensed. Trade marks The history of trade mark protection in India can be traced back to the Indian Merchandise Marks, Act 1889. Like similar legislations in the field of intellectual property rights, this was based on a British statute, in this case, the U. K. Merchandise Marks Act, 1887. A proper trade mark law was introduced with the enactment of the Trade Marks Act, 1940. This was later repealed when the Trade and Merchandise Marks Act, 1958 was brought into force on 25th November 1959.

This Act consolidated the provisions of the 1889 Merchandise Marks Act and the 1940 Trade Marks Act. The present Act is the Trade marks Act 1999 which was enacted keeping in view the obligations under the TRIPS Agreement. This Act, along with the Trade Marks Rules, 2002, was brought into force from 15 September 2003. As per the Trade Marks Act, for registration, a trade mark should be capable of being represented graphically and also of distinguishing the goods and services of one person from those of others and may include shape of goods, their packaging and ombination of colours. The Act provides for registration of certification trade marks and collective trade marks. Registration can be made in any one or more classes prescribed in the Rules. India follows the Nice classification of goods and services. India also recognises the concept of well known trade marks. A Trade Marks Registry with headquarters at Mumbai with branches at Kolkata, Delhi, Chennai and Ahmedabad exists for registration of trade marks.

Application is to be submitted at the appropriate office depending on which part of the country the registered office of the applicant is situated. Marks which are devoid of any distinctive character or which may serve to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or services, or which have become customary in the current language or in the bona fide and established practices of the trade will be refused registration.

Further, marks which are of such nature as to deceive the public or cause confusion, or which contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India, or which comprises or contains scandalous or obscene matter or which are national emblems or names will also not be registered. In addition a mark consisting exclusively of shape of goods which results from the nature of the goods themselves or the shape of goods which is necessary to obtain technical result or the shape which gives substantial value to the goods will also be refused registration.

The registration is done after due examination and comparison with existing registered trade marks and after publication. Aggrieved persons can represent to the Registrar of Trade Marks before registration. The decisions of the Registrar of Trade Marks are appealable to the Intellectual Property appellate Board. Registration of a trade mark is valid for ten years, but it can be renewed from time to time. Registration gives the exclusive right to use that trade mark on the specific classes of goods or services to the registered proprietor.

Use of a registered trade mark by an unauthorised person is infringement of the rights in that trade mark. Civil and criminal remedies akin to those of copyrights are available to the owners of the trade mark. In the case of trade mark, prior use claim is recognised by the Indian law. However, in the case of an unregistered trade mark, the court action will be for passing off the goodwill under the common law of torts. Geographical Indications India enacted a sui generis legislation for the protection of geographical indications through a registration process in fulfilment of its obligations under the TRIPS Agreement.

The Geographical Indications of Goods (Registration and Protection) Act, 1999, along with the Geographical Indications of Goods (Registration and Protection) Rules, 2002, was brought into force on 15th September 2003. The Act provides for registration of geographical indication of agricultural, natural or manufactured goods which identifies such goods as originating or manufactured in the territory of a country or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin.

Through an explanation, the Act clarifies that any name which is not the name of country, region or locality of that country shall also be considered as the geographical indication if it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country region or locality , as the case may be. The application for registration of a geographical indication is to be made to the Registrar of Geographical Indication.

Any association or persons or producers or any organisation or authority established by or under any law for the time being in force representing the interests of the producers of the goods concerned, can apply for registration. The application will be examined, if necessary in consultation with a consultation group consisting of experts, and the accepted applications are advertised in the Geographical Indications Journal inviting objections if any. Opposition has to be filed within three months. The objections will be examined through a quasi judicial process and depending on the outcome, a geographical indication is registered or not.

Decisions of the Registrar of Geographical Indication are appealable to the Intellectual Property Appellate Board. The registration of a geographical indication is for a period of ten years but is renewable from to time without any limit. The Act also provides for registration of the authorised users of the goods in question. These registrations are also for ten year periods. Registration confers on the authorised user the exclusive right to the use of the geographical indication in relation to the goods in respect of which the geographical indication is registered.

Any unauthorised use is an infringement. No infringement action can be taken against an unregistered geographical indication. The registered proprietor and authorised user can initiate the action for getting relief against infringement . The Government can notify the goods which are entitled for higher level of protection as per the TRIPS Agreement. Civil and criminal remedies, on the lines of such remedies for trade mark infringement are available for geographical indication infringements. Geographical Indication rights are not assignable.

However, legal heirs, who produce or manufacture the goods in question as per the requirements, can inherit the rights. Semiconductor Integrated Circuits Layout-Designs The Semiconductor Integrated Circuits Layout-Design Act, 2000 was enacted by India in pursuance of its obligations under the TRIPS Agreement. The Act, along with, the Semiconductor Integrated Circuits Layout-Design Rules 2001 was brought into force partially on 1st May 2004. The Act provides for registration of layout designs of semiconductor integrated circuits.

A layout-design which is not original or which has been commercially exploited anywhere in India or in a convention country, or which is not inherently distinctive or which is not inherently capable of being distinguishable from any other registered layout-design will not be registered. Any person claiming to be the creator of a layout-design can apply to the Registrar of Layout-Designs for registration. Accepted applications will be advertised and any person can file opposition to the registration within three months of the advertisement.

Thereafter, after due quasi judicial proceedings only the application is registered. Decisions of the Registrar of Layout—Design are appealable to the Layout-Design Appellate Board. Registration of a layout-design is valid for ten years from the date of filing or from the date of first commercial exploitation anywhere in any country whichever is earlier. The Act also provides for registration of authorised users. However, the authorised users do not have the right of assignment but only of use of the layout=design.

Registration grants to the registered proprietor the exclusive right to the use of the layout-design and to obtain relief in respect of infringement. Infringement of layout-design occurs when any person not being the registered proprietor or a registered user thereof, does any act of reproducing, whether by incorporating in a semiconductor integrated circuit or otherwise, a registered design in its entirety or any part thereof. Infringements of the rights of a registered proprietor or authorised user are infringements which are punishable offences.

The quantum of penalties and punishments are similar to those of trade marks. Protection of Plant Varieties In order to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants, the Protection of Plant Varieties and Farmers’ Rights Act,2001 was enacted. The Act provides for registration of any new variety of plant which is novel, distinctive, uniform and stable. Extant varieties can also be registered subject to certain conditions.

Applications for registration can be made by plant breeders or their assignees. Registration confers an exclusive right on the breeder or his successor, his agent or licensee, to produce, sell, market, distribute, import or export the variety. However, researchers are free to use the variety for conducting experiment or research. Any person is also free to use the variety as an initial source of variety for the purpose of creating other varieties. A farmer who has bred or developed a new variety is also entitled for registration and other protection in like manner as a breeder of a variety under the Act.

Registration of a new plant variety is valid for eighteen years from the date of registration in case of trees and vines and for fifteen years in other cases. Registration of an extant variety is valid for fifteen years only. Civil suit can be filed against infringers of the rights conferred by registration in district courts. Courts can grant relief such as injunction and at the option of the plaintiff, either damages or a share of the profits. False application of the denomination of a registered variety is an offence.

First time such offences are punishable with imprisonment for a term which shall not be less than three months but which may extend to two years, or with fine which shall not be less than Rs. 50,000 but which may extend to Rs. 500,000. A person who has already been convicted of an offence under the Act is punishable for second and for every subsequent offence with imprisonment for a term which shall not be less than one year but which may extend to three years or with fine which shall not be less than Rs. 00,000 but which may extend to Rs. 2,000,000. Protection of Biological Diversity and Associated Traditional Knowledge In pursuance to the United Nations Convention on Biological Diversity, 1992, India enacted the Biological Diversity Act, 2002 with the objective of conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the utilisation of genetic resources. The Act, along with the Biological Diversity Rules, 2004, was brought into force fully on 1st July 2004.

The Act contains detailed procedures and guidelines for accessing biological diversity and associated traditional knowledge occurring in India, including about Prior Informed Consent for Access and Fair and Equitable Benefit Sharing Agreements. The Act provides for prior approval of the National Biodiversity Authority for making any application for any intellectual property right, in or outside India, for any invention based on any research or information on a biological resource obtained from India.

The National Biodiversity Authority may, while granting the approval, impose benefit sharing fee or royalty or both or impose conditions including the sharing of financial benefits arising out of the commercial utilisation of such rights. Further, all foreign nationals, non-resident Indians and firms, associations and organisations with non-Indian participation require approval of the National Biological Diversity Board for accessing biological resources or knowledge associated thereto for research or for commercial utilisation.

For transfer of biological resource and associated knowledge also prior permission of the National Biodiversity Authority is required. The benefit sharing arrangements, inter alia, include grant of joint ownership of the intellectual property rights to the National Biodiversity Authority, or where benefit claimers are identified, to such benefit claimers. Intellectual Property Administration In India, the intellectual property laws are administered by different Departments of the Central Government. The table below presents the departments which handle various intellectual property laws. Law| Department|

Copyright Act| Higher Education| Patents Act| Industrial Policy & Promotion| Designs Act| Industrial Policy & Promotion| Trade Marks Act| Industrial Policy & Promotion| Geographical Indications of Goods (Registration and Protection) Act| Industrial Policy & Promotion| Semiconductor Integrated circuits Layout-Design Act| Information Technology| Protection of Plant Varieties and Farmers’ Rights Act| Agriculture and Cooperation| Biological Diversity Act| Environment and Forests| Consequently, the administrative set ups for the different Intellectual Property laws are also different.

The Copyright Act is administered by the Copyright Registry at New Delhi. It is headed by the Registrar of Copyrights who is assisted by Deputy Registrars of Copyrights. A copyright Board exists for hearing appeals against the decisions of the Registrar of Copyright. The Patents Act, Designs Act, Trade Marks Act and the Geographical Indications of Goods (Registration and Protection) Act are administered by the Controller General of Patents, Designs and Trade Marks (CGPDTM), Mumbai. Under the Controller General are the Patents Office, the Design Wing, the Trade Marks Registry and the Geographical Indications Registry.

The headquarters of the Patent Office is at Kolkata and there are branch offices at Chennai, New Delhi and Mumbai. The headquarters of the Trade Marks Registry is at Mumbai. It has branch offices at Ahmedabad, Chennai, Kolkata and New Delhi. The Design Wing of the Patent Office is at Kolkata. The Geographical Indications Registry is at Chennai. The Controller General is assisted by different levels of Controllers of Patents and Designs and Examiners in the patents and designs office and different levels of Registrars and Examiners in the trade mark and geographical indications registries.

The Intellectual Property Appellate Board hears the appeals against the decisions of the Controller General of Patents, Designs and Trade Marks. The Protection of Plant Varieties and Farmers’ Rights Act is administered by the Plant Varieties and Farmers’ Rights Authority headed by a Chairperson and consisting of fifteen Members. A Plant Varieties Registry headed by a Registrar General of Plant Varieties has been set up under the Authority to register the plant varieties. Decisions of the Authority or the Registrar can be appealed to the Plant Varieties Protection Appellate Tribunal.

The Registrar of Semiconductor Integrated Circuits layout-Design administers the Semiconductor Integrated Circuits Layout-Design Act. Appeals against the decisions of the Registrar can be preferred at the Layout-Design Appellate Board. The National Biodiversity Authority in Chennai administers the Biological Diversity Act and Rules. Under the Authority, State Biodiversity Boards and at local body level Biodiversity Management Committees exist. Membership of International Treaties and Conventions on Intellectual Property India is a member of all major international treaties and Conventions on Intellectual Property.

These include the Berne Convention for the Protection of Literary and Artistic Works, the Paris Convention for the Protection of Industrial Property, Agreement on Trade Related Aspects of Intellectual Property, Convention on Biological Diversity, Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, Nairobi Treaty on the Protection of the Olympic Symbol, Patent Cooperation Treaty, Phonograms Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, WIPO Convention and Universal Copyright Convention. ——————————————- [ 2 ]. Section 3(l) of the Patents Act, 1970.

Effectiveness of sanctions in our society today In today’s society we impose sanctions on individuals who break laws of the community. There are many types of sanctions such as; fines, intensive correction, community based, youth training and drug treatment orders, home detention, suspended sentences and imprisonment. Imposing sanctions among offenders is highly successful in our society today as they may deter the individual/ general community from committing/re-committing a crime, to protect the society, to punish the offender, in many cases to rehabilitate the offender and to show that the crime is unacceptable.

Imprisonment is a criminal sanction which removes the offender from society by detainment in a prison. Imprisonment is effective in terms of punishment and protection of the society. Imprisonment can also be seen as a deterrence which discourages the individual/general community from re-offending / committing a crime. Many prisoners once released from prison stay on the right path and never go back to prison. This is what one hopes for when imposing the imprisonment sanction.

However some prisoners, once released cannot live normal lives. In prisons there is a high amount of violence and sexual assaults, so when people are released the fear going back, therefore they cannot live normal lives. Furthermore prisoners are grouped with other prisoners and they may learn new tricks of the trade. Also it can be argued that deterrence failing in prisons. There is a high rate of individuals re-offending when released from prison.

An astonishing 33% of prisoners return to prison within two years of their release. Yet even with on of the major aims of imprisonment failing, deterrence, I still believe that imprisonment is an effective sanction is it is protecting our society because the prisoner is out of the way, therefore the society is safe. An intensive correction order is another type of sanction in our society. It is a sanction involving the treatment and supervision component and a custodial component.

There are numerous conditions regarding an intensive correction order. The offender cannot commit another offence while on order; there is supervision twice a week, attendance at a correction centre for 12 hours a week, community work for 8 hours a weekend and counseling. If the individual breaks any of these conditions they can be imprisoned for the remainder of the order. The main aims of an intensive correction order are deterrence and rehabilitation.

It discourages the individual from re-offending but also helps the individual change and resume a normal life. The intensive corrections order is highly effective on our society as it not only punishes the individual but gives them every opportunity to get their life back on track. Attendance at a correction centre, supervision and counseling will help the individual get his/her life back on track and as a result the society becomes safer.

In conclusion, there are many types of sanctions, each with their own set of potential aims to help the society and the individual. Two sanctions are imprisonment and an intensive correction order. Both are effective to our society in different ways. Imprisonment involves protecting the society and punishment while an intensive correction order involves rehabilitation and deterrence. Even though imprisonment fails in acting as a deterrent I believe sanctions are effective in our society today.

{draw:rect} Did most urban communities start out as nice as most suburban communities are today? Yes, they did. The government built subsidized housing complexes for low income households; today they are called “the projects” or the ghetto. These communities have been run down over the years by vandalism, and crime, most of these criminal activities that take place in these urban communities are drug related. Even though drugs can be bought out of any community, the urban communities are the most effected by drug activities. Drugs are destroying the urban communities.

Children can buy drugs off almost every street corner and most of the youth in the urban communities are or have been in jail for drug sales. {draw:frame} Crime rates have gone up in urban communities because of drug activities. Every day an article can be read in the newspaper about crimes in urban communities. Most of these crimes are drug related. The drug dealers that are on the streets get busted for selling drugs almost every day and charged with sale charges and possession charges. Police departments set up sting operations to catch these dealers in the act.

Addicts are arrested daily as well. They get caught with drugs they have purchased and receive possession charges. Drug dealers often rob each other for their supply,which results in breaking and entering charges, burglary charges, and sometimes even murder charges. Addicts tend to steal and rob to support their habit and usually get caught and arrested for these crimes. Drug addicts will rob stores, strangers in the street, even family members to get money for their drugs. That is not the only crimes addict commit.

While under the influence of drugs some people commit acts they normally would not do, such as killing, stealing, or driving which could result in people getting hurt. They get high and do things without thinking. With all these problems in the urban communities, it becomes difficult to sell property at its book value. It becomes an undesirable place to live. People who are looking for reasonable priced housing get discouraged because of the environment that surrounds these houses. Nobody wants to live in these areas with all the drug related crimes and drug activities that go on.

These issues cause the property values to go down in urban communities. Below is a bar graph to show the difference in property values between urban communities and suburban communities. Average Property Values {draw:frame} Even though drugs can be bought out of any community, the urban communities are the most effected by drug activities. Drugs are destroying the urban communities. Children can buy drugs off almost every street corner and most of the youth in the urban communities are or have been in jail for drug sales.

I think if the public paid more attention or cared a little more about the drug related problems that are over powering our urban communities, these communities can be taken back from the criminals that have run them down so bad that they are so obsolete in the government’s eyes. Then maybe instead of spending thousands of dollars into communities that don’t really need it, that money could get put to good use in an urban community that really needs improvement. Hernandez, R. (2010). VCStar. com. Scripps Interactive Newspapers Group. Retrieved from http://www. cstar. com/news/2010/feb/09/suspect-went-on-drug-related-crime-spree-tells/ Jonathan Butler. (2004). BROWNSTONER. Retrieved from http://www,brownstoner. com National Drug Intelligence Center. (January 1, 2006. ). National Drug Intelligence Center. Retrieved from http://www. justice. gov/ndic/pubs5/5140/index. htm Secretary of the Publications Board. (2010). United nations. Retrieved from http://www. un. org/esa/socdev/poverty/subpages/iyephab. htm The world bank group. (2010). Urban poverty. Retrieved from http://: http://go. worldbank. org/QH7WZFCPK0

Describe Two Explanations of the Origins of Attitudes to Food and Eating Behaviour. One explanation of the origins of attitudes towards food and eating behaviour is social learning theory, which emphasises the impact that observing other people can have on our own behaviour. Parents can have a massive effect over their children’s eating behaviours for a variety of reasons. The first, and perhaps most obvious reason is that parents purchase and control the foods in their homes, and so the child would have little choice but to eat whatever their parent presented to them.

The child would then grow up with this diet, and would ‘learn’ it. Brown and Ogden reported consistent correlation between parents and their children in terms of snack intake, eating motivations, and body dissatisfaction. Another explanation of the origins of attitudes towards food and eating behaviour are cultural influences. Research has suggested that body dissatisfaction and related eating concerns are more characteristics of white women than black or Asian women.

Ball and Kennedy found that for all ethnic groups, the longer the time spent in Australia, the more the women reported attitudes and eating behaviours similar to Australian women, and this is known as the ‘acculturation effect’. Other studies have found that social class can have an influence on body dissatisfaction and dieting behaviour, finding that they are more common in higher class individuals. Dornbusch studied 7000 American adolescents and found that higher class females show a greater desire to be thin, and were more likely to diet to achieve this.

However other research disputes social learning theories conclusion and suggests that children do not just copy their parents. A study done by Birch and Fisher found that the best predictors of daughters eating behaviours were the mothers dietary restraints and their perception of the risk of the daughters becoming overweight. This disputes the idea that eating behaviour is affected by children directly copying their parents eating behaviour. However, this study was only carried out with mothers and daughters and so may suffer from .

Social learning theory could also affects people’s eating behaviours through their peers. This shows that more than just parents affects eating behaviour, as was previously implied. Meyer and Gast studied 10-12 year olds and found a significant positive correlation between peer influence and disordered eating. Although this study shows us much valuable information, we can generalise these findings to suggest how 10-12 year olds are affected. They cannot be an indicator for how older people may act, who may be considered to be less vulnerable to peer pressure.

There are also many other obvious explanations as to our eating behaviours. For example, how we have evolved impacts a great deal on what we eat. We prefer fatty and sugary foods as these are what our distant ancestors would have needed to survive. Research has found that female white people are more preoccupied with their weight and participate in more weight loss behaviours. However a study by Mumford et al found that bulimia occurs more predominantly in Asian school children than their white counterparts.

Striegel Moore et al also found that black girls have a higher drive for to be thin than white girls. Both of these studies contest the original idea, that White people have more eating problems. Dornbusch et al found that higher class females had a greater desire to be thin. However a study done by Story et al disputes this. They found the exact opposite, that higher social class meant greater satisfaction with weight and lower rates of weight control behaviour. This shows perhaps that there is no correlation between social class and eating behaviour. This was also suggested by other studies.

Should girls ask out boys? Kindling Marie Saracens If you’re wondering whether a girl can ask out a guy, of course you can, she can. But there are a few things to remember before you take the plunge-It’s natural to like a guy. And it’s natural to want to ask a guy out-And its easy. Buyout shouldn’t do it unless you have no other alternative. Should girls ask out a boy? Most guys say they’re completely fine with it when girls ask a guy out. Some guys even say they prefer it because it takes the pressure off of asking a girl out.

But ask us, an we’ll tell you the answer, You shouldn’t do it. Now we’re not Ewing uptight or prejudiced about the male species and their ways. But that’s just the way stolen glances and love works. Guys and girls are different in many ways. And especially when it comes to a relationship great guys like good chase. When you tell a guy you like him Xx not really disappointing, but a guy would never understand how special you are. Nor would he understand how much he needs you until he doesn’t have you. It’s too easy, like a free brochure that you get in your mailbox now and then.

It goes trait to the bin. If you like a guy, and want him to stick around, you need to make him like you back before you even ask him out. Its quite pointless to walk up to a guy and tell him you like him. And the conversation’s going to sound like this. Girl (nervous): Hire I like you, and I was wondering if we code go out sometime… Boy (sheepish): Ooh, oh… Kay… Sweet! Girl (relieved): How about we go out sometime? Boy (happy): Yeah, sure, how about Saturday night? And then, the girl’s happy and the boys happy too. And the boys goes to his friends.

He learns to brag. Boy (boastful): Herr check this out. That that girl we keep bumping into, you know, the girl with the awesome boobs, she just asked me out. Friends (in awe): Oh, yeah?! That’s hot, dude… O what are you goanna do? Lay her this weekend? Boy (Check magnet): Ha ha ha ha… We’ll find out, won’t we…? The bib scores, looks good in front of his friends, get a date and a swollen ego and thinks he’s a chick magnet. The girl may be very sweet, but he doesn’t care. All he cares about is the fact that the girl asked him out.

So he must be charming, sexy and could get any girl he wanted. Everyone else soon finds out the girl asked out the guy out. The girl appears needy and easy to get. The guy looks like a rock star. You see, it’s easy to ask a guy out. But when you do that, almost all guys lose the point. He won’t realize hat a nice girl asked him out, he’ll assume he’s really good and all girls will love him. Guys make their own lives harder, but they like it the way it is. Learn to play hard to get and guys, as much as they hate it, will love you for it.

Of course, a girl can ask a guy out and the relationship may even go very far on the road of happy love. But in most cases, it doesn’t work in the girl’s favor. Men love the idea of having women swooning over them. Why do you think Bond is such a big hit? For his well cut suits? And what about the axe effects? While guys may feel relieved to cut straight to the chase, or in the case even skip he chase completely, they won’t add you into the equation. For a guy that moment when you ask him out isn’t a chapter in the book Of romance. It’s the first step towards realizing how sexy he is!

Now many guys may disagree and claim that they love confident woman whoosh the cones to walk up to a guy and ask him out. But this isn’t always the case. At the end of the day, let’s face it. All a girl has to do is drop a few signs and if a guy does like her back, he’ll probably pop the question even before the girl thinks it. Less safer, and an easier way to get to know if a guy likes you, sans the embarrassment of a guy turning oh down. [ The real truth] So can a girl ask out a guy ever? There’s just one type of guy where a girl asking a guy out is the only way forward.

If you’ve fallen for a cute shy guy. These guys are nice, but they’re just so shy and awkward, it’s embarrassing! You can walk past them with a marching band singing “she’s in love with you” and the guy might just sniffle and try to slip behind the wallpaper. Do curfews keep teens out of trouble ? Even with a curfew teens will do what they want to do. If that means sneaking out, lying or skipping school or etc. Sneaking out gives a teen a thrill and like they are inconvertible. That just sakes them more likely to do much more dangerous stuff.

Also, having a curfew just adds stress on teen, because they will freak out about running late and traffic causing them to be late Do curfews keep teens out of trouble? F anyone says that kids will be too scared so sneak out, well wouldn’t they be to break an actual law? Does curfew real keep teens out of trouble? Curfews give teens the chance to change and it works because they have less time out to cause the trouble and get Pregnant do vandalism, go stealing take drugs, smoke Cigarettes, and have under age sex get involved. With the police and Intimidating Behavior.

That’s the reason many people believe curfews are a good idea however giving your child a curfew is not going to stop them from doing all this stuff. They may not do it during the night or during their curfew but they may be doing it at day time or even skip school and go get in trouble. Having a curfew does not decrease crimes. Numerous articles by credible sources such as the (National Center for Policy Analysis, the Center on Juvenile and Criminal Justice, and the US Department of Justice) all unanimously agree that curfew, in fact, does NOT lower young crime rates of any kind. Does curfews keep teens out of trouble?

Also, I found that the amount of arrests in young for breaking curfew greatly outnumbers the amount of arrests in young for any other crime in young. All of this goes to show that curfews in fact have no effect, and that teaching young teens to have morals and know what is right and what is wrong is greatly more effective than curfews. I’ve had my share of sneaking out, and staying out WAY past the time my parents set before me. It’s only because if you say I can’t do something, want to prove everyone wrong and say that I can do that, and you can’t do anything to stop me.

Presented by: Kale Sandeep N. Gaikwad Avinash R. S. E. (Comp) S. E. (I T) E-mail: sanrajkale@gmail. com E-mail: avi. om007@gmail. com Mob: 919970061442 Mob: 919960308551 G H Raisoni Institute of Engineering and Management, Jalgaon (M. S) Index Topics Page No. 1 Abstract 1 2 Introduction 2 3 Cyber crime 2 4 Classification of Cyber crime 2 5 Status of Cyber Crime 6 6 Cyber law 7 7 Cyber Law in India 8 8 Advantages of Cyber Law 9 9 General Suggestions and information 10 0 Suggestions for better security 10 11 Conclusion 11 12 Reference 12 Abstract: Cyber law and cyber crime is becoming an important issue for social and economical concerned. The use of computer, electronic devices and software is increased; the need to protect these devices and software properly is inherently appeared with this. To protect these, it becomes necessary to know about cyber crime and cyber law. Cyber crime is unlawful act in which computer is either tool or target. After development of internet every computer is able access data and information from all over the world.

This also lead to the misuse of computer and internet for Crime such as Financial crimes, Cyber pornography, Online gambling, Intellectual Property crimes, Forgery, Cyber Defamation, Cyber stalking, Email spoofing, Email bombing, Denial of Service attack, Salami attacks, Virus / worm attacks, Web jacking, Data diddling etc. Now days most of financial and non-financial activities are done with computer and computer related services such as Internet. Also the concept of e-Governance coming in picture, where the confidential document of an organization is process and stored.

The need of protection Cyber security resulted into development of cyber law in India and all around the world. Cyber law is important because it touches almost all aspects of transactions and activities on and concerning the Internet, the World Wide Web and Cyberspace. The paper throw light on the brief types of cyber crime, status of cyber crime and cyber awareness in India, Cyber law in India , Advantages of it in brief. Also this paper suggests the precaution measures and tips for cyber security for the users of computer and internet. 1. Introduction The first recorded cyber crime took place in the year 1820!

That is not surprising considering the fact that the abacus, which is thought to be the earliest form of a computer, has been around since 3500 B. C. in India, Japan and China. The era of modern computers, however, began with the analytical engine of Charles Babbage. Today, computers have come a long way, what with neural networks and nano-computing promising to turn every atom in a glass of water into a computer capable of performing a billion operations per second. Cyber crime is an evil having its origin in the growing dependence on computers in modern life.

In a day and age when everything from microwave ovens and refrigerators to nuclear power plants is being run on computers, cyber crime has assumed rather sinister implications. 2. Cyber crime At the Tenth United Nations Congress on the Prevention of Crime and Treatment of Offenders, cyber crime was broken into two categories and defined thus: 2. 1. Cyber crime in a narrow sense: Any illegal behavior directed by means of electronic operations that targets the security of computer systems and the data processed by them. 2. 2. Cyber crime in a broader sense:

Any illegal behavior committed by means of, or in relation to, a computer system or network, including such crimes as illegal possession offering or distributing information by means of a computer system or network. As per Indian law, Crime has to be voluntary and willful, an act or omission that adversely affects a person or property. A simple definition of cyber crime would be “unlawful acts wherein the computer is either a tool or a target or both”. 3. Classification of Cyber crime Cyber Crime is classified into 4 major categories as (A) Cyber crime against Individual B) Cyber crime Against Property (C) Cyber crime Against Organization (D) Cyber crime Against Society 3. 1. Against Individuals 3. 1. 1. Email spoofing : A spoofed email is one that appears to originate from one source but actually has been sent from another source. E. g Avinash has an e-mail address avinash@yahoo. com His enemy, Rohan spoofs his e-mail and sends obscene messages to all his acquaintances. Since the e-mails appear to have originated from Avinash, his friends could take offence and relationships could be spoiled for life. 3. 1. 2. Spamming:

Spamming means sending multiple copies of unsolicited mails or mass e-mails such as chain letters. 3. 1. 3. Cyber Defamation This occurs when defamation takes place with the help of computers and / or the Internet. E. g. someone publishes defamatory matter about someone on a website or sends e-mails containing defamatory information to all of that person’s friends. 3. 1. 4. Harassment and Cyber stalking: Cyber Stalking Means following the moves of an individual’s activity over internet. It can be done with the help of many protocols available such at e- mail, chat rooms, user net groups. The Oxford dictionary defines talking as “pursuing stealthily”. Cyber stalking involves following a person’s movements across the Internet by posting messages (sometimes threatening) on the bulletin boards frequented by the victim, entering the chat-rooms frequented by the victim, constantly bombarding the victim with emails etc. 3. 2. Against Property: 3. 2. 1. Credit Card Fraud :You simply have to type credit card number into www page of vendor for online transaction. If electronic transactions are not secured the credit card numbers can be stolen by the hackers who can misuse this card by impersonating the credit card owner. . 2. 2. Intellectual Property crimes: These include Software piracy i. e. illegal copying of programs, distribution of copies of software ,Copyright infringement Trademarks violations ,Theft of computer source code 3. 2. 3. Internettimetheft: The usage of the Internet hours by an unauthorized person which is actually paid by another person. 3. 3. Against Organization 3. 3. 1. UnauthorizedAccessingofComputer: Accessing the computer/network without permission from the owner. This activity is commonly referred to as hacking.

The Indian law has, however, given a different connotation to the term hacking, so we will not use the term “unauthorized access” interchangeably with the term “hacking”. It can be of 2 forms one is Changing/deleting data i. e. unauthorized change in data and other is Computer voyeur where the criminal reads or copies confidential or proprietary information, but the data is neither deleted nor changed. 3. 3. 2. Denial Of Service When Internet server is flooded with continuous bogus requests so as to denying legitimate users to use the server or to crash the server.

Denial of service attack involves flooding a computer resource with more requests than it can handle. This causes the resource (e. g. a web server) to crash thereby denying authorized users the service offered by the resource. Another variation to a typical denial of service attack is known as a Distributed Denial of Service (DDoS) attack wherein the perpetrators are many and are geographically widespread. It is very difficult to control such attacks. Denial-of-service attacks have had an impressive history having, in the past, brought down website like Amazon CNN, Yahoo and eBay 3. 3. 3 Virusattack

A computer virus is a computer program that can infect other computer programs by modifying them in such a way as to include a possibly evolved copy of it. Viruses can be file infecting or affecting boot sector of the computer. Worms, unlike viruses do not need the host to attach themselves to. 3. 3. 4. Email Bombing: Email bombing refers to sending a large number of emails to the victim resulting in the victim’s email account (in case of an individual) or mail servers (in case of a company or an email service provider) crashing. 3. 3. 5. Salami Attack: When negligible amounts are removed & accumulated in to something larger.

These attacks are used for the commission of financial crimes. The key here is to make the alteration so insignificant that in a single case it would go completely unnoticed. 3. 3. 6. Logic Bomb : Its an event dependent program , as soon as the designated event occurs, it crashes the computer, release a virus or any other harmful possibilities This implies that these programs are created to do something only when a certain event (known as a trigger event) occurs. E. g. even some viruses may be termed logic bombs because they lie dormant all through the year and become active only on a particular date. . 3. 7. Trojan Horse A Trojan is an unauthorized program which functions from inside what seems to be an authorized program, thereby concealing what it is actually doing. There are many simple ways of installing a Trojan in someone’s computer. The Common Types of Trojan horse are • Remote Administration Trojans (RATs) • Password Trojans • Privileges-Elevating Trojans • Destructive Trojans • Joke Programs 3. 3. 8. Data diddling This kind of an attack involves altering raw data just before it is processed by a computer and then changing it back after the processing is completed.

Electricity Boards in India have been victims to data diddling programs inserted when private parties were computerizing their systems. 3. 4. Against Society 3. 4. 1. Forgery: Counterfeit currency notes, postage and revenue stamps, mark sheets etc can be forged using sophisticated computers, printers and scanners. Outside many colleges across India, one finds touts soliciting the sale of fake mark sheets or even certificates. These are made using computers, and high quality scanners and printers. 3. 4. 2. Cyber Terrorism:

It is use of computer resources to intimidate or coerce others. Computer crime has hit mankind with unbelievable severity. Computer viruses, worms, Trojans, denial of service attacks, spoofing attacks and e-frauds have taken the real and virtual worlds by storm. The term “cyber terrorism” can be defined as “Cyber terrorism is the premeditated use of disruptive activities, or the threat thereof, in cyber space, with the intention to further social, ideological, religious, political or similar objectives, or to intimidate any person in furtherance of such objectives. 3. 4. 3 Web Jacking Hackers gain access and control over the website of another, even they change the content of website for fulfilling political objective or for money. This occurs when someone forcefully takes control of a website (by cracking the password and later changing it). The actual owner of the website does not have any more control over what appears on that website. 4. Status of Cyber Crime Back in 1990, less than 100,000 people were able to log on to the Internet worldwide. Now around 500 million people are using the net around the globe.

UK has the largest number of infected computers in the world followed by the US and China. The US is the leading source country for attacks. China is second and Germany is third. 4. 1. In India: i) During 2003, a total of 411 cases were registered under IPC Sections as compared to 738 such cases during 2002 thereby reporting a significant decline of 44 percent in 2003 over 2002. ii) A total of 475 persons were arrested in the country for Cyber Crimes under IPC during 2003. iii) The age-wise profile of the arrested persons showed that 45 percent were in the age-group of 30-45 years, 28. percent of the offenders were in the age-group of 45-60 years and 11 offenders were aged 60 years and above. Above figures doesn’t mean that cyber crime is declining in India, the fact is that people in our country do not report cyber crimes for the following reasons: a) They don’t want to face harassment by police. b) The fear of bad publicity which could hurt their reputation in society. Also, c) It becomes extremely difficult to convince the police to register any cyber crime, because of lack of awareness about cyber crime and cyber law and also about their registration and handling by the police.

A recent survey indicates that for every 500 cyber crime incidents that took place, only 50 are reported to the police and out of that only one is actually registered. These figures indicate how difficult it is to convince the police to register a cyber crime. The establishment of cyber crime cells in different parts of the country was expected to boost cyber crime reporting and prosecution. However, these cells haven’t quite kept up with expectations. 5. Cyber law The cyber world has no physical boundaries, no single authority who governs the internet.

The Internet is the medium for freely sharing information and opinions; It provides everyone with round the clock access to information, credit and financial services, and shopping. Even network information systems are being adopted by the government worldwide, that’s why the governments across the world are recognizing the need to securing & regulating the cyber world. 5. 1. Why Cyber law? When Internet was developed, the founding fathers of Internet hardly had any inclination that Internet could transform itself into an all pervading revolution which could be misused for criminal activities and which required regulation.

Today, there are many disturbing things happening in cyberspace. Due to the anonymous nature of the Internet, it is possible to engage into a variety of criminal activities with impunity and people with intelligence, have been grossly misusing this aspect of the Internet to perpetuate criminal activities in cyberspace. Hence there is need for Cyber laws in India. Cyber law is important because it touches almost all aspects of transactions and activities on and concerning the Internet, the World Wide Web and Cyberspace. Whether we realize it or not, every action and every reaction in Cyberspace has some legal and Cyber legal perspectives. . 2 Who should concern about Cyberlaw? Everyone, Cyber law is of everyone’s concern. As the nature of Internet is changing and this new medium is being seen as the ultimate medium ever evolved in human history, every activity of yours in Cyberspace can and will have a Cyber legal perspective. From the time one register Domain Name, to the time one set up a web site, to the time one promote a website, to the time when one send and receive email, to the time one conduct electronic commerce transactions on the said site, at every point of time, there are various Cyber law issues involved.

One may not be bothered about these issues today because one may feel that they are very distant from him/her and that they do not have an impact on Cyber activities. But sooner or later, you will have to tighten your belts and take note of Cyber law for your own benefit. 6. Cyber Law In India: Cyber Crimes are a new class of crimes to India. It is rapidly expanding due to extensive use of internet. India is among few countries in the world that have a separate law for cyber crimes. Recently Nepal has passed Bill against Cyber crime.

Indian parliament has passed the legislation known as Information Technology Act 2000 drafted by the Ministry of Communication and Information. The Information Technology Act came into force on 17th October, 2000. IT Act amends some of the existing legislation, such as Indian Penal Code,1860 Indian Evidence Act, 1872 Bankers Book Evidence Act. 1891, Reserve Bank of India Act, 1934 6. 1. Features of The IT Act 2000: i)Legal recognition of electronic contracts, digital signature, digital certificates. ii) Various types of cyber crime committed in India and outside India is covered alongwithpenalties. ii) Appointment of Certifying Authorities(CA) to issue digital signature, digital certificates. iv)Controller of Certifying Authorities to act as depository for all Certifying Authorities. v) Appointment of Adjudicating Officer for holding enquiries under this Act. vi) EstablishmentofCyberAppellateTribunal. vii) Cyber Regulations Advisory Committee who will advice the Central Government and CA. Technology. The act is based on the “United Nations Commission on International Trade Law”(UNCITRAL) model on electronic commerce. 6. 2. IT Act 2000 does not include: ) Specific Definition of cyber crime is not given.. ii) Intellectual Property Rights such as trade Marks, Patents, Digital Copyright Issues. iii) Domain name disputes and their resolution, Data protection issues are not covered. iv)No provision is made for the Taxation issues arising due to e-commerce 7. Advantages of Cyber Laws The IT Act 2000 attempts to change outdated laws and provides ways to deal with cyber crimes. We need such laws so that people can perform purchase transactions over the Net through credit cards without fear of misuse.

The Act offers the much-needed legal framework so that information is not denied legal effect, validity or enforceability, solely on the ground that it is in the form of electronic records. The IT Act 2000 and its provisions contain many positive aspects. Firstly, the implications of these provisions for the e-businesses would be that email would now be a valid and legal form of communication in our country that can be duly produced and approved in a court of law. Digital signatures have been given legal validity and sanction in the Act.

The Act throws open the doors for the entry of corporate companies in the business of being Certifying Authorities for issuing Digital Signatures Certificates. The Act now allows Government to issue notification on the web thus heralding e-governance. It shall now be possible for corporates to have a statutory remedy in case if anyone breaks into their computer systems or network and causes damages or copies data. The remedy provided by the Act is in the form of monetary damages, not exceeding Rs. 1 crore. 8. General Suggestions against cyber crime • Don’t delete harmful communications (emails, chat logs, posts etc).

These may help provide vital information about the identity of the person behind these. • Try not to panic. • If you feel any immediate physical danger of bodily harm, call your local police. • Avoid getting into huge arguments online during chat or discussions with other users. • Be extremely careful about how you share personal information about yourself online. • Make sure that your ISP and Internet Relay Chart (IRC) network have an acceptable use policy that prohibits cyber-stalking. And if your network fails to respond to your complaints, consider switching to a provider that is more responsive to user complaints. If a situation online becomes hostile, log off or surf elsewhere. If a situation places you in fear, contact a local law enforcement agency. • Save all communications for evidence. Do not edit or alter them in any way. Also, keep a record of your contacts with Internet System Administrators or Law Enforcement Officials. 9. Suggestions for better security • Use strong passwords. Choose passwords that are difficult or impossible to guess. Give different passwords to all other accounts. • Make regular back-up of critical data. Back-up must be made atleast once in each day. • Use virus protection software.

Checking daily for new virus signature updates, and then actually scanning all the files on your computer periodically. Use a firewall as a gatekeeper between your computer and the Internet. • Do not keep computers online when not in use. Either shut them off or physically disconnect them from Internet connection. • Do not open e-mail attachments from strangers, regardless of how enticing the subject line or attachment may be. • Regularly download security patches from your software vendors. 10. Conclusion Thus, the awareness of cyber crime and cyber law has become a necessity for persons in cyberspace.

The study of cyber crime and its different aspects will be helping to individual in cyberspace to avoid and restrict the cyber crime around them and related to them. Also the study of cyber crime will keep them alert against cyber crime. Absence of Cyber security policy in organization may lead to critical problem for Management to maintain the data security of organization. Recent incidents relating to cyber crime have not just increased the vulnerability of various socio-economic constituents, but also brought forth the need for better managerial and operating capabilities of our legal framework in stopping this growing menace.

Cyber law in India is nothing but the outcome of this need. Cyber law will be helpful to control the cases of cyber crime. IT act 2000 has given constitutional support to fight against cyber criminals. This act has also given legal status to e-business, digital signature cause to increase faith in online trading. The number of cases reported is much less than what it is in reality. This is because of unawareness of law. Awareness program on Cyber law and Cyber Crime should undertaken by Social Organisation.

The program may include basic information of cyber law, internet security, and minimum hardware and software security measures required for an individual or organisation. Reference: (1) Cyber and Information Technology –Article By Talwant Singh (Judge) (2) Perspective of Cyber crime in India – Kernila Seth (3) Cyber law ,Data Protection in India – Article by Gurpreet Singh (4) www. cuil. com (5) www. cyberlawsindia. net (6) www. cybersmart. in (7) www. indlii. org (8) www. asianlaws. org (9) www. report cyber crime. com (10) www. scribd. com