THE NEXUS OF INTELLECTUAL PROPERTY RIGHTS AND CYBER SECURITY

Abstract

The Information Technology Act of 2000 is notably devoid of provisions addressing the protection of Intellectual Property Rights (IPR), leaving a conspicuous void in the regulation of online infringements. Despite the prevalence of violations such as Copyright and Domain Name breaches in the digital sphere, existing legislations like the Copyright Act of 1957 and the Trade Marks Act of 1999 inadequately address these emerging challenges. Consequently, the absence of robust regulatory mechanisms poses a significant obstacle in safeguarding domain names on the internet. Urgent measures are warranted to introduce specialized legislation tailored to fortify Intellectual Property Rights in the digital domain.

This paper endeavors to explore the intricate nexus between Intellectual Property Rights and cyberspace. It seeks to address key inquiries, including:

1. How do Intellectual Property Rights intersect with the cyber domain?
2. What forms of Intellectual Property Rights are pertinent in cyberspace?
3. What lacunae exist within the legal framework governing Intellectual Property Rights in cyberspace?

Through a comprehensive analysis, this paper delineates the complexities of Intellectual Property Rights and cyber security within the digital landscape. Furthermore, it proposes pragmatic recommendations aimed at enhancing the efficacy of the existing legislative framework pertaining to Intellectual Property Rights in cyberspace.