TABLE OF CONTENTS

1. Introduction 1.1 Cyber crime in India 1.2 Indian crime scene 2. Cyber crime- Prevention And Detection 2.1 Cyber Crime 2.2 Types of Cyber Crime 2.3 Prevention 2.4 Preventive steps for Organisation and Government 2.5 Detection 2.6 Cyber Law 2.7 Elementary problems associatied with cyber crimes 3. Intellectual Property Rights 3.1 Introduction 3.2 Summary of Indian Government Initiatives to Protect IPR 3.3 Best Practices to minimize the risk of offshore Intellectual Property loss 3.4 Case Studies Related to Indian IPR Protection

1 1 6 7 7 7 10 11 13 14 15 16 16 17 18 20

4. Different Intellectual Property Rights

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4.1 Patent 4.2 Copyrights 4.3 Trademarks

4.4 Geographical Indicators 5. The Patent System 5.1 International Treaties 5.2 Types of Patent Applications 5.3 General precautions for Applicant 5.4 What is Patentable Invention 5.5 What is Non Patentable 5.6 Term and Date of Patent 5.7 Rights of a Patentee 5.8 Register of Patent 5.9 Renewal Fee 5.10 Restoration 5.11 Request for Permission to file abroad 5.12 Provisional Specification 6. Conclusion 7. References

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ABSTRACT

A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes. The purpose of this system is to encourage inventions by promoting their protection and utilization so as to contribute to the development of industries, which in turn, contributes to the promotion of technological innovation and to the transfer and dissemination of technology. Under the system, Patents ensure property rights (legal title) for the invention for which patent has been granted, which may be extremely valuable to an individual or a Company. One should make the fullest possible use of the Patent System and the benefits it provides. Patent right is territorial in nature and a patent obtained in one country is not enforceable in other country. The inventors/their assignees are required to file separate patent applications in different countries for obtaining the patent in those countries. In India the Patent Office under the Department of Industrial Policy and Promotion, Ministry of Commence and Industry performs the statutory duties in connection with the grant of patent and registration of Industrial Design. In India the patent law is governed by The Patents Act, 1970 and The Patents Rule 2003 and amendments thereof.

Since its enactment, the Act has been amended on five occasions by: The Repealing and Amending Act, 1974 (Act 56 of 1974) The Delegated Legislation Provisions (Amendment) Act, 1985 (Act 4 of 1985) The Patents (Amendment) Act, 1999 (17 of 1999) The Patents (Amendment) Act, 2002 (38 of 2002) The Patents (Amendment) Act, 2005 (15 of 2005)