A comparative study on trademark violation in cyber space: cyber squatting vis a vis domain names

A comparative study on trademark violation in cyber space: cyber squatting vis a vis domain names

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Part of #A comparative study on trademark violation in cyber space: cyber squatting vis a vis domain names# :

Publishing year : 2015

Conference : First International Conference on Basic Sciences and Basic Research

Number of pages : 7

Abstract: Intellectual property rights are all about human creativity and innovation. Intellectual property rights are considered as rewards for creative and skilful work in the execution of ideas.1 The impact of intellectual property rights has spread over every aspect of human life. It has something in store for everyone ranging from philosophers, ethics, scientist, politicians, artists, lawmakers, entertainers, businessmen, entrepreneurs, economists, professionals, industrialists, students and common man2.In the modern time data protection and management of intellectual property rights is a core issue. In the recent past, the importance of intellectual property rights have been universally felt and recognized. The World Trade Organization (WTO) has played a vital role in bringing intellectual property rights into multilateral agreements including the TRIPS (Intellectual Property Rights-related Trade Related Agreement) agreement. 3 This was an attempt to bring protection of these rights under common international rules. The TRIPS agreement looks at different intellectual property rights and how to protect them. This function falls under the WIPO World Intellectual Property Organization. The TRIPS agreement adds new or higher standards to already existing agreements. One of the areas covered by the TRIPS Agreement is the issue of trademarks. 4 Intellectual property rights is a negative right in the sense that it empowers the right holder to exclude or prohibit all others from using or using the registered intellectual property. If the inventor intends to exclude others from working on the invention and in order to establish his excusive monopoly, the inventor must seek protection / prevent all others from working on it. Therefore, it is a negative right prohibiting others from working on it. Hence it confers negative rights to the owner. On the other hand, positive rights confer rights to work or use or exploit. For example, human rights are positive rights, because they hold an individual certain rights to enjoy.1 Dr. Screen Sharing N.S., Intellectual Property Rights, Publicized by Regal Publications, New Delhi, (2 ed) 2111, p. 32 Ibid p. 4 Dr.S. Travel Insurance N.S., Intellectual Property Rights, Publicized by Regal Publications, New Delhi, (2 ed) 2111, p.43 Ibid p. 4, Supra, p.4Dr. Syndication NS, Intellectual Property Rights, Publicized by Regal Publications, New Delhi, (2 ed) 2111, p.44http: //www1.american.edu/ted/cybersit.htm,accsess on11 / 1202113However, intellectual property rights do not necessarily result in vesting with positive rights on the owner but empower the owner to exclude or prohibit others from using the registered intellectual property.5 Depending on the nature of the intellectual work and the field of application, intelectual property rights have been classified into different types. For example, intellectual efforts in the field of science, technology, engineering or agriculture have been categorized as Patentable subject and are granted / offered protection under the patent system. Intellectual efforts in the field of literature, music, photography, arts and paintings have been categorized as subject of copyright and granted / provided copyright protection. Therefore, intellectual efforts in different fields have been offered protection under different heads.6. Different types of intellectual property rights are categorized as follows: industrial property (patents, trademarks, industrial designs and geographic indications of source) and copyright (literary and artistic works) / Rights related to copyright (performing artists, producers, and broadcasters7