The variety of legal theories and concepts that have developed in the recent past to overcome this major obstacle to the jurisdiction of courts to hear IP infringements in the open world of cyberspace, the most notable of which are the minimum contact test, the effects test and the sliding scale test, or “Zippo test”. These are theories derived from U.S. courts. The minimum contact criterion is applicable where one or both parties are not subject to the territorial jurisdiction of the court, with an element of contact with the State in which the court has its seat. The impact test is applicable if the consequences of the infringement are felt in the specific State in which the jurisdiction is located. The mobile criterion determines personal liability through interactive interactions and the exchange of business information via the Internet from non-resident online operators. There are many theories on the protection of intellectual property rights, but the common thread running through all these views is the need to protect, reward and stimulate innovation in the creative works and initiatives of the innovator. The legal framework and interpretation are essential keys to protecting perpetrators from abuses that prevail under the guise of internet freedom. The harmonization of international law and positive national laws is essential to strengthen intellectual property rights in cyberspace, which is essentially and virtually borderless.
Today, it is crucial for any company to develop an effective and collaborative IP management mechanism and protection strategy. Constantly threatening threats in the cyber world can thus be monitored and contained. In cyberspace, it happens that a person makes a profit by using another person`s creation without the consent of the owner. This is an invasion of privacy and is protected by IPR. We have certain laws to prevent the infringement of intellectual property rights in cyberspace, and if they are violated, we have several additional remedies. Cyberspace is becoming a hub for IPR infringements. Several practices of e-website operators have resulted in the infringement of intellectual property rights and various other rights of other website operators. It has become crucial that people are informed about the illegal use of their websites and web pages.
India`s Trade Marks Act 1999 and the Copyright Act 1957 are also silent on issues of trademark and copyright infringement online. Although computer programs are protected by the Copyright Act of 1957, it does not provide a remedy against cyberpiracy. Cross-border litigation against private parties and hybrid offences are an emerging problem as the world shrinks into borderless cyberspace. Courts are constantly faced with a dilemma as to which cases fall within their jurisdiction over statutes of limitations, trials and enforcement. The objective aspect of territorial jurisdiction is crucial. A sovereign has the power to enact a criminal law that may be applicable to crimes committed within its borders, even if the act in question was committed outside its borders. Courts may declare themselves competent to prosecute a cybercriminal on the basis of universal jurisdiction if the acts in question are generally known to international law. Section 75 of the Information Technology Act, 2000 applies to offences committed outside India if the conduct constitutes an offence involving a computer, computer system or computer network in India. Section 4 of the Penal Code of 1860 extends its jurisdiction to offences committed outside India and relating to a computer resource in India.
Indian courts have the legal tools to try cyber-offenders, and legal activism, followed by effective justice, would go a long way towards assisting intellectual property rights holders. With the emerging trend towards technology modernization, it is crucial to have a meaningful legal discourse on the intellectual property issues that will weigh on the cyber world. Solutions are crucial to the current discourse. Traditional regulations that revolve around intellectual property protection are not enough to be enforced in cyberspace – it is essential to do more for the reasons of the typical challenges of cyberspace. With the advent of cybertechnology, global markets have helped copyright holders. This is true, but beyond the benefits considered, the risks are great if the consequences of emerging trends are not taken into account. Like any desired invention, cyber technology has its pitfalls. The unlicensed use of trademarks, trade names, service marks, images, codes, audios, videos, literary content through illegitimate practices of hyperlinking, framing, meta-tagging, spamming, and the list is endless, appearing as regular violations of the new universe of intellect and capabilities in the cyber domain.