IPR and Website

7/31/2019 IPR and Website

1/22

IPR AND WEBSITE


2/22

WEBPAGE AND WEBSITE

A website is a collection of related web pages that are relative to a unique web address (

domain name ).

A webpage is a document , typically written in Hypertext Markup Language ( HTML ).

All publically accessible website constitute the world wide web.

Website can be accessed through Uniform Resource Locator URL


3/22

PROTECTING IP ASSETS OF WEBSITE

1. AN IP insurance policy may be considered to cover cost of litigation.

2. It should known to public that website content is protected.

3. Digital content can be watermarked.

4. Terms of use should be clearly mentioned.

5. If required access should be controlled.


4/22

WEBSITE CONTENT AND IP OWNERSHIP

To avoid any confusion and disagreement it is highly recommended to enter into clear ,

written agreement with the website developer that has clear demarcation of who owns IP

rights in each element of websites.


5/22

WEBSITE DEVELOPMENT AGREEMENT : IP PERSPECTIVE


6/22

ELEMENTS OF THE WEBSITE CAN BE PROTECTED

Search engines or other technical Internet tools - patents

Softwarecan be protected by copyright and/or patents, depending on the national law

Website design - copyright

Creative website content copyright

Databases - sui generis database laws

Business names, logos, product names, domain names and other signs - trademarks

Graphic symbols, screen displays, graphic user interfaces

(GUIs) and webpages Industrial Design

Hidden aspects - Trade secret


7/22

META TAGS

Metatags are keywords embedded in websites HTML code. These keywords are not

visible on the pages but are used by search engines for ranking the pages.

Some website developers use competitors names and trademark in their metatags, so

that when a competitor names are searched for, their websites are listed this kind of

deceptive use of another companys trademark in a metatag may constitute unfair

competition or trademark infringement.


8/22

DEEP LINKS

On the world wide web , deep linking is making a hyper linking that points to a specific

page or image on a website , instead of that websites main or home page, such links are

known as Deep Links.


9/22

INLINE LINKING AND FRAMING

With frames , more than one webpage document may be displayed in one browser

window.

Each web document is called a frame, and each frame is independent of the other.

Inline linking is a form of linking , which allows one website to embed content from other

website into a single webpage.


10/22

USING THIRD PARTY MATERIAL ON WEBSITE

1. Using technical tools owned by others should be backed by written license from the

technology owner.

2. Using software used by others ( Shrink-wrap license and Click wrap license )

3. Using trademark , photograph and copyrighted work owned by others.

4. Using name face voice image of individual is protected in some countries.


11/22

CREATING A WEBSITE


12/22

CREATING A WEBSITE


13/22

CREATING A WEBSITE


14/22

INTERNET DOMAIN NAMES

A domain name is a unique address of the website to easily identify , remember and

associate the website address with the name of the organization for easy recall.

Domain names are read from right to left.

The first level on the right , such as .com or co.uk is also known as the Top Level

Domain ( TLD )

The part immediately to the left of TLDis known as the second level Domain ( SLD ).


15/22


16/22

CCTLD

Two letter domain such as .uk , .fr. Or .au ( for example ) are called country code top-level

domain ( ccTLD ) and corresponds to a country , territory , or other geographic location.

The administration of ccTLD is left to the specific country concerned.

In India administration of Domain name is looked after by NCST ( National center for

software technology now knows as C-DAC Center for Development of Advance

Computing ).


17/22

IP AND DOMAIN NAMES

Cybersquatting :

In the early time of emergence of the internet , some companies registered the well

known companies name as domain names with the intent of selling them back to the

companies when they decide to have internet presence.

Pre-emptive registration of trademark by third parties as domain names is called

Cybersquatting.


18/22


19/22

ICANN ( INTERNET CORPORATION FOR

ASSIGNED NAMES AND NUMBERS )

ICANN was formed in 1998.

It is a not-for-profit partnership of people from all over the world dedicated to keeping the

internet secure and stable.

It has responsibility for Internet Protocol ( IP ) address space allocation , protocol

identifier assignment , gTLD, ccTLD.

These services were originally performed under U.S. Government contract by the Internet

Assigned Numbers Authority (IANA) and other entities.


20/22

UDRP ( INDRP )

ICANN adopted Uniform Domain Name Dispute Resolution Policy ( UDRP ). UDRP went

into effect on December 1, 1999 , for all ICANN-accredited registrars of Internet Domain

Names.

In India it is governed by NIXI ( The National Internet Exchange of India).

The registry has formulated a policy InDispute Resolution Policy( INDRP). It has been

formulated in line with UDRP and with the relevant provision under IT act.


21/22


22/22

THANK YOU

IPR and Website

Documents

Transcript of IPR and Website