Cyber Forensics

Cyber Law
Samyuktha Venkatasamy
2023108052
Industrial Engineering
1.1 WHAT IS COMPUTER FORENSICS?

Computer forensics is the process of methodically examining computer media (hard

disks, diskettes, tapes, etc.) for evidence. In other words, computer forensics is the
collection, preservation, analysis, and presentation of computer-related evidence.
Computer forensics also referred to as computer forensic analysis, electronic discovery,
electronic evidence discovery, digital discovery, data recovery, data discovery, computer
analysis, and computer examination.
Computer evidence can be useful in criminal cases, civil disputes, and human resources/
employment proceedings.

1.2 USE OF COMPUTER FORENSICS IN LAW ENFORCEMENT

Computer forensics assists in Law Enforcement. This can include:

Recovering deleted files such as documents, graphics, and photos.
Searching unallocated space on the hard drive, places where an abundance of data often
resides.
Tracing artifacts, those tidbits of data left behind by the operating system. Our experts
know how to find these artifacts and, more importantly, they know how to evaluate the
value of the information they find.
Processing hidden files — files that are not visible or accessible to the user — that
contain
past usage information. Often, this process requires reconstructing and analyzing the date
codes for each file and determining when each file was created, last modified, last
accessed
and when deleted.
Running a string-search for e-mail, when no e-mail client is obvious.

1.3 COMPUTER FORENSICS ASSISTANCE TO HUMAN RESOURCES

EMPLOYMENT PROCEEDINGS

Computers can contain evidence in many types of human resources proceedings,

including
sexual harassment suits, allegations of discrimination, and wrongful termination claims.
Evidence can be found in electronic mail systems, on network servers, and on individual
employee’s computers.
EMPLOYER SAFEGUARD PROGRAM

Employers must safeguard critical business information. An unfortunate concern today is

the
possibility that data could be damaged, destroyed, or misappropriated by a discontented
individual. Before an individual is informed of their termination, a computer forensic
specialist
should come on-site and create an exact duplicate of the data on the individual’s
computer. In
this way, should the employee choose to do anything to that data before leaving, the
employer
is protected. Damaged or deleted data can be re-placed, and evidence can be recovered to
show
what occurred. This method can also be used to bolster an employer’s case by showing
the
removal of proprietary information or to protect the employer from false charges made by
the
employee. You should be equipped to find and interpret the clues that have been left
behind.
This includes situations where files have been deleted, disks have been reformatted, or
other
steps have been taken to conceal or destroy the evidence. For example, did you know?
What Web sites have been visited?
What files have been downloaded?
When files were last accessed?
Of attempts to conceal or destroy evidence?
Of attempts to fabricate evidence?
That the electronic copy of a document can contain text that was removed from the final
printed version?
That some fax machines can contain exact duplicates of the last several hundred pages
received?
That faxes sent or received via computer may remain on the computer indefinitely?
That email is rapidly becoming the communications medium of choice for businesses?
That people tend to write things in email that they would never consider writing in a
memorandum or letter?
That email has been used successfully in criminal cases as well as in civil litigation?
That email is often backed up on tapes that are generally kept for months or years?
That many people keep their financial records, including investments, on computers?

1.4 COMPUTER FORENSICS SERVICES

Computer forensics professionals should be able to successfully perform complex

evidence
recovery procedures with the skill and expertise that lends credibility to your case.
For example, they should be able to perform the following services:

1. DATA SEIZURE

Following federal guidelines, computer forensics experts should act as the

representative, using their knowledge of data storage technologies to track down
evidence.
The experts should also be able to assist officials during the equipment seizure process.

2. DATA DUPLICATION/PRESERVATION

When one party must seize data from another, two concerns must be addressed:
the data must not be altered in any way
the seizure must not put an undue burden on the responding party
The computer forensics experts should acknowledge both of these concerns by making
an exact duplicate of the needed data.
When experts works on the duplicate data, the integrity of the original is maintained.

3. DATA RECOVERY

Using proprietary tools, your computer forensics experts should be able to safely recover
and analyze otherwise inaccessible evidence.
The ability to recover lost evidence is made possible by the expert’s advanced
understanding of storage technologies.
4. DOCUMENT SEARCHES

Computer forensics experts should also be able to search over 200,000 electronic
documents in seconds rather than hours.
The speed and efficiency of these searches make the discovery process less complicated
and less intrusive to all parties involved.

5. MEDIA CONVERSION

Computer forensics experts should extract the relevant data from old and un-readable
devices, convert it into readable formats, and place it onto new storage media for
analysis.

6. EXPERT WITNESS SERVICES

Computer forensics experts should be able to explain complex technical processes in an

easy-to- understand fashion.
This should help judges and juries comprehend how computer evidence is found, what it
consists of, and how it is relevant to a specific situation.

7. COMPUTER EVIDENCE SERVICE OPTIONS

Computer forensics experts should offer various levels of service, each designed to suit
your
individual investigative needs. For example, they should be able to offer the following
services:
Standard service: Computer forensics experts should be able to work on your case
during nor-mal business hours until your critical electronic evidence is found.
On-site service: Computer forensics experts should be able to travel to your location to
per-form complete computer evidence services. While on-site, the experts should
quickly be able to produce exact duplicates of the data storage media in question.
Emergency service: Your computer forensics experts should be able to give your case
the highest priority in their laboratories. They should be able to work on it without
interruption until your evidence objectives are met.
Priority service: Dedicated computer forensics experts should be able to work on your
case during normal business hours (8:00 A.M. to 5:00 P.M., Monday through Friday)
until the evidence is found. Priority service typically cuts your turnaround time in half.
 Weekend service: Computer forensics experts should be able to work from 8:00 A.M.
to 5:00 P.M., Saturday and Sunday, to locate the needed electronic evidence and will
continue 14 Computer Forensics, Second Edition working on your case until your
evidence objectives are met.

8. OTHER MISCELLANEOUS SERVICES

Computer forensics experts should also be able to provide extended services. These
services
include:
Analysis of computers and data in criminal investigations
On-site seizure of computer data in criminal investigations
Analysis of computers and data in civil litigation.
On-site seizure of computer data in civil litigation
Analysis of company computers to determine employee activity
Assistance in preparing electronic discovery requests
Reporting in a comprehensive and readily understandable manner
Court-recognized computer expert witness testimony
Computer forensics on both PC and Mac platforms
Fast turnaround time.

1.5 BENEFITS OF PROFESSIONAL FORENSIC METHODOLOGY

A knowledgeable computer forensics professional should ensure that a subject computer

system is carefully handled to ensure that:
1. No possible evidence is damaged, destroyed, or otherwise compromised by the
procedures used to investigate the computer.
2. No possible computer virus is introduced to a subject computer during the analysis
process.
3. 4. Extracted and possibly relevant evidence is properly handled and protected from
later
mechanical or electromagnetic damage.
A continuing chain of custody is established and maintained.
5. Business operations are affected for a limited amount of time, if at all.
6. Any client-attorney information that is inadvertently acquired during a forensic
exploration is ethically and legally respected and not divulged.
1.6 STEPS TAKEN BY COMPUTER FORENSICS SPECIALISTS

The computer forensics specialist should take several careful steps to identify and attempt
to
retrieve possible evidence that may exist on a subject’s computer system. For example,
the
following steps should be taken:
1. 2. 3. Protect the subject computer system during the forensic examination from any
possible
alteration, damage, data corruption, or virus introduction.
Discover all files on the subject system. This includes existing normal files, deleted yet
remaining files, hidden files, password-protected files, and encrypted files.
Recover all of discovered deleted files.
4. 5. Reveal the contents of hidden files as well as temporary or swap files used by both
the
application programs and the operating system.
Access the contents of protected or encrypted files.
6. Analyze all possibly relevant data found in special areas of a disk. This includes but is
not limited to what is called unallocated space on a disk, as well as slack space in a file
7. 8. 9. (the remnant area at the end of a file in the last assigned disk cluster, that is
unused by
current file data, but once again, may be a possible site for previously created and
relevant evidence).
Print out an overall analysis of the subject computer system, as well as a listing of all
possibly relevant files and discovered file data.
Provide an opinion of the system layout; the file structures discovered; any discovered
data and authorship information; any attempts to hide, delete, protect, and encrypt
information; and anything else that has been discovered and appears to be relevant to the
overall computer system examination.
Provide expert consultation and/or testimony, as required.

TYPES OF COMPUTER FORENSIC TECHNOLOGY

1.7 TYPES OF MILITARY COMPUTER FORENSIC TECHNOLOGY

Key objectives of cyber forensics include rapid discovery of evidence, estimation of

potential impact of the malicious activity on the victim, and assessment of the intent and
identity of the perpetrator.
Real-time tracking of potentially malicious activity is especially difficult when the
pertinent information has been intentionally hidden, destroyed, or modified in order to
elude discovery.
National Law Enforcement and Corrections Technology Center (NLECTC) works with
criminal justice professionals to identify urgent and emerging technology needs.
NLECTC centers demonstrate new technologies, test commercially available
technologies and publish results — linking research and practice.
National Institute of Justice (NIJ) sponsors research and development or identifies best
practices to address those needs.
The information directorate entered into a partnership with the NIJ via the auspices of
the NLECTC, to test the new ideas and prototype tools. The Computer Forensics
Experiment 2000 (CFX-2000) resulted from this partnership.

COMPUTER FORENSIC EXPERIMENT-2000 (CFX-2000)

CFX-2000 is an integrated forensic analysis framework.

The central hypothesis of CFX-2000 is that it is possible to accurately determine the
motives, intent, targets, sophistication, identity, and location of cyber criminals and
cyber terrorists by deploying an integrated forensic analysis framework.
The cyber forensic tools involved in CFX-2000 consisted of commercial off-the-shelf
software and directorate-sponsored R&D prototypes. CFX includes SI-FI integration
environment.
The Synthesizing Information from Forensic Investigations (SI-FI) integration
environment supports the collection, examination, and analysis processes employed
during a cyber-forensic investigation.
The SI-FI prototype uses digital evidence bags (DEBs), which are secure and
tamperproof containers used to store digital evidence.
Investigators can seal evidence in the DEBs and use the SI-FI implementation to
collaborate on complex investigations.
Authorized users can securely reopen the DEBs for examination, while automatic audit
of all actions ensures the continued integrity of their contents.
The teams used other forensic tools and prototypes to collect and analyze specific
features of the digital evidence, perform case management and time lining of digital
events, automate event link analysis, and perform steganography detection.
The results of CFX-2000 verified that the hypothesis was largely correct and that it is
possible to ascertain the intent and identity of cyber criminals.
 As electronic technology continues its explosive growth, researchers need to continue
vigorous R&D of cyber forensic technology in preparation for the onslaught of cyber
reconnaissance probes and attacks.

1.8 TYPES OF LAW ENFORCEMENT COMPUTER FORENSIC

TECHNOLOGY

Computer forensics tools and techniques have become important resources for use in
internal investigations, civil lawsuits, and computer security risk management. Law
enforcement and military agencies have been involved in processing computer evidence
for
years.
CFX-2000 Schematic
Computer Evidence Processing Procedures
Processing procedures and methodologies should conform to federal computer evidence
processing standards.

1. Preservation of Evidence

Computer evidence is fragile and susceptible to alteration or erasure by any number of

occurrences.
Computer evidence can be useful in criminal cases, civil disputes, and human resources/
employment proceedings.
Black box computer forensics software tools are good for some basic investigation
tasks, but they do not offer a full computer forensics solution.
SafeBack software overcomes some of the evidence weaknesses inherent in black box
computer forensics approaches.
SafeBack technology has become a worldwide standard in making mirror image backups
since 1990.

TROJAN HORSE PROGRAMS

The computer forensic expert should be able to demonstrate his or her ability to avoid
destructive programs and traps that can be planted by computer users bent on
destroying data and evidence.
Such programs can also be used to covertly capture sensitive information, passwords,
and network logons.
COMPUTER FORENSICS DOCUMENTATION

Without proper documentation, it is difficult to present findings.

If the security or audit findings become the object of a lawsuit or a criminal
investigation, then documentation becomes even more important.

FILE SLACK

Slack space in a file is the remnant area at the end of a file in the last assigned disk
cluster, that is unused by current file data, but once again, may be a possible site for
previously created and relevant evidence.
Techniques and automated tools that are used by the experts to capture and evaluate file
slack.

DATA-HIDING TECHNIQUES

Trade secret information and other sensitive data can easily be secreted using any
number of techniques. It is possible to hide diskettes within diskettes and to hide entire
computer hard disk drive partitions. Computer forensic experts should understand such
issues and tools that help in the identification of such anomalies.

E-COMMERCE INVESTIGATIONS

Net Threat Analyzer can be used to identify past Internet browsing and email activity
done through specific computers. The software analyzes a computer’s disk drives and
other storage areas that are generally unknown to or beyond the reach of most general
computer users. Net Threat Analyzer avail-able free of charge to computer crime
specialists, school officials, and police.

DUAL-PURPOSE PROGRAMS

Programs can be designed to perform multiple processes and tasks at the same time.
Computer forensics experts must have hands-on experience with these programs.

TEXT SEARCH TECHNIQUES

Tools that can be used to find targeted strings of text in files, file slack, unallocated file
space, and Windows swap files.

FUZZY LOGIC TOOLS USED TO IDENTIFY UNKNOWN TEXT

Computer evidence searches require that the computer specialist know what is being
searched for. Many times not all is known about what may be stored on a given
computer system.
In such cases, fuzzy logic tools can provide valuable leads as to how the subject
computer
was used.
INTELLECTUAL PROPERTY RIGHTS
Cyber Law
Samyuktha Venkatasamy
2023108052
Industrial Engineering
INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS

Intellectual property Right (IPR) is a term used for various legal entitlements which
attach to certain types of information, ideas, or other intangibles in their expressed form. The
holder of this legal entitlement is generally entitled to exercise various exclusive rights in
relation to the subject matter of the Intellectual Property. The term intellectual property
reflects the idea that this subject matter is the product of the mind or the intellect, and that
Intellectual Property rights may be protected at law in the same way as any other form of
property. Intellectual property laws vary from jurisdiction to jurisdiction, such that the
acquisition, registration or enforcement of IP rights must be pursued or obtained separately in
each territory of interest. Intellectual property rights (IPR) can be defined as the rights given
to people over the creation of their minds. They usually give the creator an exclusive right
over the use of his/her creations for a certain period of time.

Intellectual Property

Intellectual property is an intangible creation of the human mind, usually expressed or

translated into a tangible form that is assigned certain rights of property. Examples of
intellectual property include an author's copyright on a book or article, a distinctive logo
design representing a soft drink company and its products, unique design elements of a web
site, or a patent on the process to manufacture chewing gum.

Intellectual Property Rights

Intellectual property rights (IPR) can be defined as the rights given to people over the
creation of their minds. They usually give the creator an exclusive right over the use of
his/her creations for a certain period of time. Intellectual property (IP) refers to creations of
the mind: inventions, literary and artistic works, and symbols, names, images, and designs
used in commerce.

Categories of Intellectual Property

One can broadly classify the various forms of IPRs into two categories:
IPRs that stimulate inventive and creative activities (patents, utility models, industrial
designs, copyright, plant breeders’ rights and layout designs for integrated circuits)
and
IPRs that offer information to consumers (trademarks and geographical indications)
IPRs in both categories seek to address certain failures of private markets to provide for an
efficient allocation of resources
IP is divided into two categories for ease of understanding:
1. Industrial Property
2. Copyright
Industrial property, which includes inventions (patents), trademarks, industrial designs, and
geographic indications of source; and Copyright, which includes literary and artistic works such
as novels, poems and plays, films,
musical works, artistic works such as drawings, paintings, photographs and sculptures, and
architectural designs. Rights related to copyright include those of performing artists in their
performances, producers of phonograms in their recordings, and those of broadcasters in their
radio and television programs
Intellectual property shall include the right relating to:
Literary, artistic and scientific works;
Performance of performing artists;
Inventions in all fields of human endeavour;
Scientific discoveries;
Industrial designs;
Trademarks, service marks and etc;
Protection against unfair competition.

What is a property?

Property designates those things that are commonly recognized as being the
possessions of an individual or a group. A right of ownership is associated with property that
establishes the good as being "one's own thing" in relation to other individuals or groups,
assuring the owner the right to dispense with the property in a manner he or she deems fit,
whether to use or not use, exclude others from using, or to transfer ownership.
Properties are of two types - tangible property and intangible property i.e. one that is
physically present and the other which is not in any physical form. Building, land, house,
cash, jewellery are few examples of tangible properties which can be seen and felt physically.
On the other hand there is a kind of valuable property that cannot be felt physically as it does
not have a physical form. Intellectual property is one of the forms of intangible property
which commands a material value which can also be higher than the value of a tangible asset
or property.

TYPES OF INTELLECTUAL PROPERTY

The different types of Intellectual Property Rights are:

Patents
Copyrights
Trademarks
Industrial designs
Geographical indications of goods
Trade Secrets

Important Species of IPR

Out of the different types of Intellectual Property Rights the following are the most important
species of IPR
TRADEMARKS

According to section 2, sub-section (1) of the Trade Marks Act 1999, ”Trade Mark”
means a mark capable of being represented graphically and which is capable ofdistinguishing
the goods or services of one person from those of others and may include shape of goods,
their packaging and combination of colours. Trade mark registration is an effective and
economic way of ensuring your brand is
protected.Registration provides a safeguard against third party infringement and often acts as
an effective deterrent against third parties considering or contemplating infringement.Failure
to protect brand may reduce its value, and could damage your business’ reputation. It is also
important to be attentive to the activities of your competitors. If you suspect or witness your
brand being infringed it is best to take action as soon as possible. The longer the infringing
activity exists, the more difficult to maintain the registered trademark and chances of
trademark becoming generic.
Genericide is the term used to describe the death of a trademark that results from the brand
name becoming the name of the object itself.

COPYRIGHTS

1847 is the First Copyright law Enactment in India during British Regime. The term
of copyright was for the lifetime of the author and 60 years counted from the year following
the death of the author
Copyright law is designed to protect interests and balance the rights of the following stake
holders
Authors/ Creators
Publishers/ Entrepreneurs
Users /Audiences
Indian Copyright Act is the one of the best Copyright enactment in the world.
The Copyright Act 1911, while repealing earlier statues on the subject, was also made
applicable to all the British colonies including India. In 1914, the Indian Copyright Act was
enacted which modified some of the provisions of Copyright Act 1911 and added some new
provisions to it to make it applicable in India. Copyright Act, 1911 was in existence in India
till the new Copyright Act, 1957 was introduced in India Post Independence. In India, the
Copyright Act, 1957 (as amended in 1999), the Rules made there under and the International
Copyright Order, 1999 govern Copyright and neighbouring rights. This Act has been
amended five times i.e 1983,1984,1992,1999 and most recently in 2012.

What can be protected under Copyright?

Literary, Dramatic, Artistic, Musical, Cinematographic, Photographic and Sound Recording

works.
Literary works such as novels, poems, plays, reference works, newspapers and
computer programs; databases; films, musical compositions, and choreography; artistic works
such as paintings, drawings, photographs and sculpture; architecture; and advertisements,
maps and technical drawings.

PATENTS

Patent is a grant for an invention by the Government to the inventor in exchange for
full disclosure of the invention. A patent is an exclusive right granted by law to applicants /
assignees to make use of and exploit their inventions for a limited period of time (generally
20 years from filing). The patent holder has the legal right to exclude others from
commercially exploiting his invention for the duration of this period. In return for exclusive
rights, the applicant is obliged to disclose the invention to the public in a manner that enables
others, skilled in the art, to replicate the invention. The patent system is designed to balance
the interests of applicants / assignees (exclusive rights) and the interests of society (disclosure
of invention).

Meaning of ‘Invention’ under Patent

Law Sec.2(1)(J) - Invention” means a new product or process involving an inventive step and
capable of industrial application
There are three types of patents:

Utility patents may be granted to anyone who invents or discovers any new and useful
process, machine, article of manufacture, or composition of matter, or any new and useful
improvement thereof;

Design patents may be granted to anyone who invents a new, original, and ornamental
design for an article of manufacture; and

Plant patents may be granted to anyone who invents or discovers and asexually reproduces
any distinct and new variety of plant

TRADE SECRETS

A trade secret consists of any valuable business information. The business secrets are not to
be known by the competitor. There is no limit to the type of information that can be protected
as trade secrets; For Example: Recipes, Marketing plans, financial projections, and methods
of conducting business can all constitute trade secrets. There is no requirement that a trade
secret be unique or complex; thus, even something as simple and nontechnical as a list of
customers can qualify as a trade secret as long as it affords its owner a competitive advantage
and is not common knowledge. If trade secrets were not protectable, companies would no
incentive to invest time, money and effort in research and development that ultimately
benefits the public. Trade secret law thus promotes the development of new methods and
processes for doing business in the marketplace.
Protection of Trade Secrets: Although trademarks, copyrights and patents are all subject to
extensive statutory scheme for their protection, application and registration, there is no
federal law relating to trade secrets and no formalities are required to obtain rights to trade
secrets. Trade secrets are protectable under various state statutes and cases and by
contractual
agreements between parties. For Example: Employers often require employees to sign
confidentiality agreements in which employees agree not to disclose proprietary information
owned by the employer. If properly protected, trade secrets may last forever. On the other
hand, if companies fail to take reasonable measures to maintain the secrecy of the
information, trade secret protection may be lost. Thus, disclosure of the information should
be limited to those with a “need to know” it so as to perform their duties, confidential
information should be kept in secure or restricted areas, and employees with access to
proprietary information should sign nondisclosure agreements. If such measures are taken, a
trade secret can be protected in perpetuity. Another method by which companies protect
valuable information is by requiring employee to sign agreements promising not to compete
with the employer after leaving the job. Such covenants are strictly scrutinized by courts, but
generally, if they are reasonable in regard to time, scope and subject matter, they are
enforceable

GEOGRAPHICAL INDICATIONS

GI is an indication, originating from a definite geographical territory. It is used to identify

agricultural, natural or manufactured goods produced, processed or prepared in that particular
territory due to which the product has special quality, reputation and/or other characteristics.

IMPORTANCE OF INTELLECTUAL PROPERTY RIGHTS

IPR is a significant tool in today's era. The risk of an innovation getting infringed
without the knowledge of the inventor stands very high. With the increase in the importance
of IP, instances of IP crimes have become the part and parcel of the digitized era sometimes
even leading to failure of businesses. Companies rely on adequate protection of their patents,
trademarks, and copyrights, while customers make use of IP to ensure that they purchase
secure, assured goods. An IP asset is like any other physical property offering commercial
benefits to businesses. In a web-based world, IP protection is much more relevant as it is
comparatively simpler than ever to reproduce any specific template, logo, or functionality.
Hence, strong IP laws give protection to IP and contribute to the economy of the respective
state. IPR is one of the sources of security for intangible properties which are still open to the
public and which can be quickly replicated by anyone.
Intellectual property rights are more important because today we are highly-connected
to digital landscape. With all of the good the rise of the internet has done for the sharing of
information and ideas, it has unfortunately become easier for ideas and works to be stolen,
which can be damaging to both national economies and innovation.
Intellectual property protection varies from country to country, but countries that have
strong IP laws recognize the important impact original works, designs, inventions, etc. have
on the overall economy. Almost every country that has a dependence on international trade
takes strong measures to protect their intellectual property rights.3
With the rise of intangible assets that are shared across the internet, it is easy for
people to unlawfully copy and share books, music, movies, and more. Copyrights, patents,
trademarks, and trade secrets and the laws around these protections are all intended to
encourage innovation and creativity and are essential to the practice of IP law to help curb
illegal activities.
Organizations like the World Intellectual Property Organization (WIPO) underscore
the importance of fostering IP-driven innovation to incentivize and protect creativity. WIPO
is a global forum for intellectual property services and is a self-funding agency of the United
Nations, with 193 member states.

EVOLUTION OF IP ACTS AND TREATIES

The evolution of international IP acts through different treaties and the formation of World
Intellectual Property Organization (WIPO) is given below in brief.

1883 – Paris Convention (France)

The Paris Convention for the Protection of Industrial Property is born. This international
agreement is the first major step taken to help creators ensure that their intellectual works are
protected in other countries. The need for international protection of intellectual property (IP)
became evident when foreign exhibitors refused to attend the International Exhibition of
Inventions in Vienna, Austria in 1873 because they were afraid their ideas would be stolen
and exploited commercially in other countries. The Paris Convention covers:
• Inventions (patents)
• Trademarks
• Industrial designs

1886 – Berne Convention (Switzerland)

Following a campaign by French writer Victor Hugo the Berne Convention for the
Protection of Literary and Artistic Works is agreed. The aim is to give creators the right to
control and receive payment for their creative works on an international level. Works
protected include:
• Novels, short stories, poems, plays;
• Songs, operas, musicals, sonatas; and
• Drawings, paintings, sculptures, architectural works.

1891 – Madrid Agreement (Spain)

With the adoption of the Madrid Agreement, the first international IP filing service is
launched: the Madrid System for the international registration of marks. In the decades that
follow, a full spectrum of international IP services will emerge under the auspices of what
will later become WIPO.

1893 – BIRPI established

The two secretariats set up to administer the Paris and Berne Conventions combine to
form WIPO's immediate predecessor, the United International Bureaux for the Protection of
Intellectual Property – best known by its French acronym, BIRPI. The organization, with a
staff of seven, is based in Berne, Switzerland.

1970 – BIRPI becomes WIPO

The Convention establishing the World Intellectual Property Organization (WIPO)

comes into force and BIRPI is thus transformed to become WIPO. The newly established
WIPO is a member state-led, intergovernmental organization, with its headquarters in
Geneva, Switzerland.

1974 – WIPO joins the UN

WIPO joins the United Nations (UN) family of organizations, becoming a specialized
agency of the UN. All member states of the UN are entitled, though not obliged, to become
members of the specialized agencies.

1974 – WIPO joins the UN (193 Member Countries in UN today)

WIPO joins the United Nations (UN) family of organizations, becoming a specialized
agency of the UN. All member states of the UN are entitled, though not obliged, to become
members of the specialized agencies.

1978 – PCT System launched

The PCT international patent system begins operation. The PCT expands rapidly to
become WIPO's largest international IP filing system today.
The Patent Cooperation Treaty (PCT) makes it possible to seek patent protection
for an invention simultaneously in each of a large number of countries by filing an
"international" patent application.

TRIPS Agreement

India along with other emerging nations graced a signatory to the Treaty of TRIPS of
the World Trade Organisation (WTO) in 1995 with a matter that agreement will allow free flow
of trade, investment and eliminate the restrictions enduring in the norm of Intellectual
Property. The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is
an international agreement administered by the World Trade Organization (WTO) that sets
down minimum standards for many forms of intellectual property (IP) regulation as applied
to nationals of other WTO Members. The Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS) is an international legal agreement between all the
member nations of the World Trade Organization (WTO).
The TRIPS Agreement aims for the transfer of technology and requires developed
country members to provide incentives for their companies to promote the transfer of
technology to least-developed countries in order to enable them to create a sound and viable
technological base

AGENCIES RESPONSIBLE FOR IPR REGISTRATIONS

(a) National IPR Agencies:

The office of the Controller General of Patents, Designs and trademarks (CGPDTM), a
subordinate Office under The Department for Promotion of Industry and Internal
Trade (DPIIT), carries out statutory functions related to grant of Patents and registration of
Trademarks, Designs and Geographical Indications. The registration of copyrights is
administered by the Registrar of Copyright Office, working under the CGPDTM. It functions
out of offices situated in Delhi, Kolkata, Mumbai, Chennai and Ahmadabad, while the
Central IP Training Academy is at Nagpur.
The appropriate office of the patent office shall be the head office of the patent office or the
branch office as the case may be within whose territorial limits. Residence of applicant or
Domicile; or their place of business; or the place where the invention actually originated.
The CGPDTM supervises the functioning of the following IP offices:
i. The Patent Offices (including the Design Wing) at Chennai, Delhi, Kolkata &
Mumbai.
ii. The Patent Information System (PIS) and Rajiv Gandhi National Institute of
Intellectual Property Management (RGNIIPM) at Nagpur.
iii. The Trade marks Registry at Ahmadabad, Chennai, Delhi, Kolkata & Mumbai.
iv. The Geographical Indications Registry (GIR) at Chennai.
v. The Copyright Office at Delhi.
vi. The Semiconductor Integrated Circuits Layout-Design Registry at Delhi.

Intellectual Property Appellate Board (IPAB):

Intellectual Property Appellate Board (IPAB) has been established in the year 2003,
under Section 84 of the Trade Marks Act, 1999. The Board hears appeals against the decision
of Controller of Patents (under the Patents Act, 1970), Registrar of Trade Marks (under the
Trade Marks Act, 1999) and Geographical Indication cases (under the Geographical
Indication & Protection Act, 1999). The Copyright Board and Plant Varieties Protection
Appellate Tribunal function under the ambit of IPAB in accordance with their respective Acts
and Rules.
(b) International IPR Agencies:

There are a number of International organizations and agencies that promote the use
and protection of intellectual property.

International Trademark Association (INTA)

INTA is a not-for-profit international association composed chiefly of trademark owners and

practitioners. It is a global association. Trademark owners and professionals dedicated in
supporting trademarks and related IP in order to protect consumers and to promote fair and
effective commerce. More than 4000 (Present 6500 member) companies and law firms more
than 150 (Present 190 countries) countries belong to INTA, together with others interested in
promoting trademarks. INTA members have collectively contributed almost US $ 12 trillion
to global GDP annually. INTA undertakes advocacy work throughout the world to advance
trademarks and offers educational programs and informational and legal resources of global
interest. Its head quarter in New York City, INTA also has offices in Brussels, Shanghai and
Washington DC and representative in Geneva and Mumbai. This association was founded in
1878 by 17 merchants and manufacturers who saw a need for an organization. The INTA is
formed to protect and promote the rights of trademark owners, to secure useful legislation
(the process of making laws), and to give aid and encouragement to all efforts for the
advancement and observance of trademark rights.

World Intellectual Property Organization (WIPO)

WIPO was founded in 1883 and is specialized agency of the United Nations whose purposes
are to promote intellectual property throughout the world and to administer 23 treaties
(Present 26 treaties) dealing with intellectual property. WIPO is one of the 17 specialized
agencies of the United Nations. It was created in 1967, to encourage creative activity, to
promote the protection of Intellectual Property throughout the world. Around 193 nations are
members of WIPO. Its headquarters in Geneva, Switzerland, current Director General of
WIPO is Francis Gurry took charge on October 1, 2008.

THE ROLE AND VALUE OF IP IN INTERNATIONAL COMMERCE

Intellectual property rights (IP rights) are not inherently valuable. Their value is the
strategic advantage gained by excluding others from using the intellectual property. To be
valuable, your exclusionary rights should be strategically aligned with your business
objectives.

The recognition of intellectual property rights is an important key to converting creativity

into a marketable product with positive cash flow. Creativity is essential to economic growth.
Consumer sales depend on attractive, efficient, safe, innovative, and dependable products and
services, and these qualities are built on intellectual property. The IP rights of a business are
among its most valuable assets. The protection of those IP rights can promote creativity,
distinguish a business and its products or services, and increase its profitability and endurance.
To understand the role of IP rights in practical terms, you must first appreciate the purpose of
IP laws. Although IP laws will differ in detail from country to country, they have the same
basic purpose, which is also reflected in international and regional agreements. In broad
terms, exclusive rights in intellectual property are usually granted pursuant to laws that are
intended to do the following:

Define the monopolistic rights, namely, exclusive ownership rights that belong to the
holder of the IP and are transferable to another holder in certain situations.
Define the limitations on the monopoly, such as by restricting the application of
exclusive rights to an invention, presentation, or specific goods only, by making
exceptions to exclusive use for permitted acts (e.g., authorizing single copies for
educational purposes), and by setting terms of duration.
Define the remedies for violation of IP rights.
In other words, IP laws create affirmative rights, but not an absolute defensive shield against
infringement. They give the owner of the IP the right to stop other persons from using the IP
in a manner that is not permitted by the law. Unless the IP owner takes affirmative action, an
infringement of IP rights may continue unchecked by any other authority. This concept is
extremely significant: mere registration of IP rights is not alone sufficient to protect those
rights against unauthorized use. If you are going to spend the money and labor to register
your IP claim, you must be also willing to spend the money and labor to enforce your claim.