Monday, December 2, 2002		Book Review

WITH the exponential growth of the Internet, new vistas have been opened for doing business online. Though electronic commerce is still in its embryonic stage, it has great potential for expansion. However, for its systematic growth it requires international laws, which means new legislations and overhauling of old laws. Ryder in his book raises questions regarding the nature of the traditional legal system and intellectual property rights in the context of the international character of electronic commerce.

The book is an analysis of the evolving relationship between electronic commerce and intellectual property rights. The author raises questions regarding territorial jurisdiction, which arise in respect of alleged infringement of property rights. In the absence of any applicable law it becomes difficult for courts to determine the jurisdiction, whereby people violate intellectual rights with impunity.

With the help of relevant case laws and how the law is evolving in other countries, the author has given insight into how property rights are being violated on the Net. The writer has both criticised and appreciated wherever necessary the evolution of law in countries like the USA and the UK and international organisations like the World Intellectual Property Organisation (WlPO).

Chapter 5 of the book deals with the effect that the traditional legal system has on the Internet. Ryder analyses the issue of jurisdiction from all quarters with the help of cases that are at various stages of litigation worldwide. As technology has created new issues for courts, it is exciting and stimulating for a legal brain to read how the judiciary in other parts of the world is confronting the problems related to domain names disputes, trademarks and copyrights violations.

The writer discusses at length the importance and suitability of the registration of domain names, copyright and patents. He also brings forth some very legitimate apprehensions regarding the violation of the same.

The writer deliberates on the role of intermediaries in the infringement of property rights and analyses section 79 of the IT Act, whereby the network service provider is not liable for any third-party information or data made available to him, with other legislations. The grey areas of the IT Act are highlighted: the non-inclusion of laws related to data protection and privacy. The IT Act is silent about copyright, patent and trademarks. The Act has listed out various offences and contraventions but intellectual property rights find no mention.

While the book raises relevant questions that have no simple answers, it can successfully act as a catalyst to motivate the legal fraternity to look for the answers. The book can serve as a step-wise guide to developing electronic commerce Websites keeping various legal issues in mind. Though difficult legal issues have been left to the future, it is nevertheless a good book for both lawyers and entrepreneurs.