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102 Intellectual Property Issues and Cyberspace-The Indian Perspective INTELLECTUAL PROPERTY ISSUES AND CYBERSPACE-THE INDIAN PERSPECTIVE CYL- 102 [1] CYL- 102 Intellectual Property Issues and Cyberspace-The Indian Perspective School of Law UTTARAKHAND OPEN UNIVERSITY Teen Pani Bypass Road, Near Transport Nagar, Haldwani -263139 Phone No- 05946 - 261122, 261123 Toll Free No. 18001804025 Fax No.- 05946-264232, Email- [email protected], http://uou.ac.in Uttarakhand Open University INTELLECTUAL PROPERTY ISSUES AND CYBERSPACE-THE INDIAN PERSPECTIVE CYL- 102 [2] BOARD OF STUDIES Professor Girija Prasad Pande, Director, School of Law, Uttarakhand Open University, Haldwani, Nainital. Professor J.S.Bisht, Faculty of Law,S.S.Jeena Campus,Almora,Kumaun University,Nainital, Uttarakhand. Professor B.P.Maithani, Former RTI Advisor.Goverment of Uttarakhand,Uttarakhand Mr.Deepankur Joshi,Coordinator School of Law, Uttarakhand Open University, Haldwani,( Nainital). UNIT WRITING UNIT WRITERS UNIT [1] Ms.Sapna Agarwal, Advocate High Court of Unit- 1, 2,3,4 Uttarakhand,Nainital [2] Dr.Razit Sharma, Assistant Professor, Unit- 5,6,7 Law College, Uttaranchal University, Dehradun Uttarakhand [3] Dr.Anupam Manhas, Head of the Department,Faculty of Law Unit- 8 ,9,10 Career Point,University,Hamirpur,Himanchal Pradesh [4] Dr.Sushim Shukla, Assistant Professor, Unit- 11,12, 13,14 Law College, Uttaranchal University, Dehradun Uttarakhand EDITOR Mr. Deepankur Joshi, Coordinator, School of Law, Uttarakhand Open University, Haldwani, (Nainital) Copyright © Uttarakhand Open University, Haldwani, Nainital Edition- 2018, Pre Publication copy for Limited Circulation ISBN- Publication- Directorate of Studies and Publication, Uttarakhand Open University, Haldwani, Nainital. E- Mail: [email protected] . Uttarakhand Open University INTELLECTUAL PROPERTY ISSUES AND CYBERSPACE-THE INDIAN PERSPECTIVE CYL- 102 [3] POST GRADUATE DIPLOMA IN CYBER LAW CYL- 102 INTELLECTUAL PROPERTY ISSUES AND CYBER SPACE-THE INDIAN PERSPECTIVE INDEX S. NO. UNIT PAGE NO. 1 UNDERSTANDING THE TECHNOLOGY OF SOFTWARE 4 - 31 2 COPYRIGHT IN INTERNET 32 - 52 3 JURISDICTION ISSUES AND COPYRIGHT 53 - 70 4 INFRINGEMENT,REMEDIES OF INFRIGEMENT 71 - 107 5 UNDERSTANDING PATENTS 108 - 119 6 INTERNATIONAL CONTEXT OF PATENTS 120 - 131 7 INDIAN POSITION ON COMPUTER RELATED PATENTS 132 - 143 8 UNDERSTANDING TRADEMARKS 144 - 152 9 TRADEMARK LAW IN INDIA 153 - 164 10 TRADEMARK IN INTERNET 165 - 177 11 DOMAIN NAME REGISTRATION 178 - 183 12 DOMAIN NAME DISPUTES AND WIPO V DATABASES 184 - 191 13 PROTECTION OF DATABASES 192 - 199 14 INDIAN LAW ON DATABASES 200 -205 Uttarakhand Open University INTELLECTUAL PROPERTY ISSUES AND CYBERSPACE-THE INDIAN PERSPECTIVE CYL- 102 [4] UNIT 1 UNDERSTANDING THE TECHNOLOGY OF SOFTWARE STRUCTURE 1.1 INTRODUCTION 1.2 OBJECTIVES 1.3 SUBJECT 1.3.1 COMPUTER SCIENCE – AN INTRODUCTION 1.3.1.1 INTERNET 1.3.1.2 SOFTWARE 1.3.2 ALGORITHM AND CODING 1.3.2.1 SOFTWARE DEVELOPMENT 1.3.2.2 MODLING LANGUAGE 1.3.2.3 PROGRAMMING TECHNIQUES 1.3.2.3.1 STRUCTURED PROGRAMMING 1.3.2.3.2 MODULAR PROGRAMMING 1.3.2.3.3 TOP DOWN DESIGN 1.3.2.3.4 BOTTOM UP APROACH 1.3.2.3.5 OBJECT ORIENTED PROGRAMMING 1.3.3 COMPUTER NETWORKING 1.3.4 NETWORK SECURITY 1.4 SUMMARY 1.5 GLOSSARY 1.6 SAQS 1.7 REFERENCE 1.8 SUGGESTED READINGS 1.9 TERMINAL QUESTIONS AND MODEL QUESTIONS 1.10 ANSWER SAQS 1.1 INTRODUCTION Software technology is the fastest growing technology of this era. From 80s, software processes, both for engineering and for management, boosted technology evolution, in past 25 Uttarakhand Open University INTELLECTUAL PROPERTY ISSUES AND CYBERSPACE-THE INDIAN PERSPECTIVE CYL- 102 [5] years. With the advent of internet the boost in software technology is beyond any imagination. Internet turns whole world into a village. Every aspect of human life is affected and inspired by the technology of software. Despite of huge development in this field, as we seen today, there is lot of aspects, which are, yet to be discovered. It is rightly said by Robert Cringely- “If the automobile followed the same development as the computer, a Rolls-Royce would today cost $100, get a million miles per gallon, and explode once a year killing everyone inside”1 Though it is very vast topic, in the present unit we shall tried to touch every aspect or corner related with the field of technology of software. 1.2 OBJECTIVES After reading this unit you are able to understand the following: General introduction of computer science History of computer Components of a computer Hardware and software Algorithm, coding and software development Techniques of different types of programming Internet and internet network Computer/software languages Network security 1.3 SUBJECT Computer Software Technology helps us with building computer Software systems, tools, modules and software applications. This field has evolved dramatically over the last decade. Computer Software Technology is the amalgamation of computer science, information technology and computer engineering. Software/computer technology is a general term covering the development methods, programming languages, and tools to support them that may be used in the development of software. 1.3.1 COMPUTER SCIENCE – AN INTRODUCTION Computer is a device that transforms data into meaningful information. The computer performs basically five major operations of functions irrespective of their size and make. These are 1) it accepts data or instruction by way of input, 2) it stores data, 3) it can process data as required by the user, 4) it gives results in the form of output, and 5). The history of computers starts out about 2000 years ago in Babylonia (Mesopotamia), at the birth of the abacus, a wooden rack holding two horizontal wires with beads strung on them. This first mechanical calculator, called the Pascaline. Early in the 50s two important engineering discoveries changed the image of the electronic - computer field. These discoveries were the magnetic core memory and the Transistor - Circuit Element. By the late 1980s, some 1 A brief history of software technology by Cheristof Ebert. Uttarakhand Open University INTELLECTUAL PROPERTY ISSUES AND CYBERSPACE-THE INDIAN PERSPECTIVE CYL- 102 [6] personal computers were run by microprocessors that, handling 32 bits of data at a time, could process about 4,000,000 instructions per second.2 TRUING MACHINE One of the founding principles behind the modern computing is the concept of Turing machines3. Turing machines, along with several other models, are vital for representing the underlying logic behind all computers. A Turing machine (which are theoretical constructs) is an abstract concept used to describe a type of machine that, given an indefinite amount of space and time, can be adapted to calculate anything, even a whole universe. A simple Turing machine consists of a tape of a theoretically infinite size consisting of cells, or sections on the tape. Each cell holds on it a symbol, which is written to it by the head, and which modified the current state of the machine.4 COMPONENT OF ACOMPUTER A computer consist of hardware and software. A computer needs something that gives that hardware set of instructions that tell it what to do. This is what the software is used for. The internal hardware provides three main functions. First, it provides processing functionality. The main processing unit in computer is the Central Processing Unit (CPU). Second functionality is short term data storage. FIGURE – 1. ORGANIGATION OF A COMPUTER This is done using Random Access Memory or RAM. For long-term storage we use a variety of storage mediums. The most important one is the Hard Disk Drive or HDD. 2 For detail see Unit- 3; OWERVIEW ON COMPUTER AND WEB TECHNOLOGY 3 Name after the computer scientist, Alan Turing, who first conceived Truing machine. 4 https://en.wikiversity.org/wiki/Introduction_to_Turing_Machines Uttarakhand Open University INTELLECTUAL PROPERTY ISSUES AND CYBERSPACE-THE INDIAN PERSPECTIVE CYL- 102 [7] There are three main sources of input- Keyboard, Mouse, Touchscreen. To get information out of the computer we need to have output devices connected to it. For example-Monitor, Audio, Printer, Plotter.5 KERNALS An important piece of software for computer is called the kernel. The kernel helps the CPU. RAM, hard drive and other devices all talk to each other. A kernel connects the application software to the hardware of a computer.(figure 2) application kernel kernel devices cpu memory FIGURE - 2 The kernel is a computer program that is the core of a computer's operating system. It has complete control over everything in the system. Mostly, after the bootloader, it is one of the first programs loaded on start-up. It handles the rest of start-up as well as input/output requests from software, translating them into data-processing instructions for the central processing unit. It handles memory and peripherals like keyboards, monitors, printers, and speakers. The kernel performs its tasks, such as running processes, managing hardware devices such as the hard disk, and handling interrupts, in this protected kernel space.6 1.3.1.1 INTERNET The Internet is the global system of interconnected computer networks that use the Internet protocol suite (TCP/IP) to link billions of devices worldwide. A web browser (commonly referred to as a browser) is a software application for retrieving, presenting and traversing 5 For detail see Unit- 3; OWERVIEW ON COMPUTER AND WEB TECHNOLOGY 6 https://en.wikipedia.org/wiki/Kernel_(operating_system) Uttarakhand Open University INTELLECTUAL PROPERTY ISSUES AND CYBERSPACE-THE INDIAN PERSPECTIVE CYL- 102 [8] information resources on the World Wide Web7. A web search engine8 is a software system that is designed to search for information on the World Wide Web. Electronic mail (email or e-mail) is a method of exchanging messages between people using electronic devices. Email first entered limited use in the 1960s and by the mid-1970s had taken the form now recognized as email. Email operates across computer networks, which today is primarily the Internet.
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