The Significance of Intellectual Property Rights in Cyber Law

Abstract

The Model Law on Electronic Commerce on International Trade Law was accepted by the General Assembly of the United Nations (UNCITRAL) in a resolution dated January 30, 1997, which led to the creation of the Information Technology Act of 2000. One of the crimes with the fastest global growth is cybercrime. While the Act has been successful in establishing the framework of legislation in Cyber Space and addressing some urgent concerns about technological exploitation, it has several significant gaps that have not been addressed, such as issues with intellectual property. Intellectual property is described as knowledge or information in any form that has an economic value. Intellectual property rights are a combination of ideas, innovations, and creations; examples include copyright, patents, trademarks, and designs. These things are creations of the human mind and hence called Intellectual Property. Information Technology Act 2000 does not mention a single word about Intellectual Property protection while Infringement of IPR is one of the most challenging areas in cyberspace. As well as Copyright and Domain names violations do occur on the internet but Copy Right Act 1957 & Trade Mark Act 1999 are silent on that which specifically deals with the issue. Therefore, we have no enforcement machinery to ensure the protection of domain names on net. Time has come where we must enact special legislation for the protection of Intellectual property in cyberspace.