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Methods IPR violators
resort to
Domain names were the first Net entity that bore the brunt of cyber infringement. Domain names are not just the name and address but also represent the goodwill of the businesses. Companies doing business offline carry on their business online with the same trade name as their domain name to get easy and quick recognition. A cyber squatter is the individual who steals the domain name and later, with the intention of profiting, resells or licenses it back to the original owner. The process is called cyber squatting. In India the most important decision related to the domain name dispute was on the famous Yahoo! case. A Delhi-based businessman, Akash Arora, registered the name, yahooindia.com, and began to offer the same services as Yahoo! The court granted interim injunction against using the domain name, yahooindia.com. The other strategy adopted is of hyperlinking, where link is provided to another Website surpassing its home page, thus causing loss of advertisement revenue. Ticketmaster Corp. once sued Microsoft , when Microsoft had linked deep within the Ticketmaster’s site bypassing its home and advertising pages. Microsoft was prohibited from deep linking after a mutual settlement. Then you have ways like framing where a Web developer develops frame or border of text or graphic on his own Website and copies the contents of other Website onto his already build frame. Cyber IPR violators also resort to the use of metatags and spam. Metatags are the computer codes, which are used by search engines to identify Websites frequently visited. A popular trademark may be used as a tag to promote a particular Website. Spamming is to send unsolicited e-mails, where a mail is sent by using someone else’s domain name without taking the permission to identify its own goods or services. Domain names are managed
by ICANN (Internet Corporation For Assigned Names and Numbers), a
private non-profit corporation based in California, that has adopted
world intellectual property organisation (WIPO) report for domain names
related disputes and has framed a uniform domain name dispute resolution
policy (UDRP), to arbitrate cases related to such disputes. These are
applicable globally to citizen of any Under Section 51 of the
Copyright Act, the owner of the copyright has the exclusive right to
reproduce, distribute and communicate to the public. Under Section 55 of
the Act, where copyright in any work is infringed upon due to any method
depicted above, the owner is entitled to injunction and damage. |
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WHEREAS
on one hand, the Internet has evolved as a new medium to conduct
business, on the other it has also provided cyber crooks with an
opportunity to break the rules by infringing upon the intellectual
property rights (IPR) of others.