Data Protection | Internet & Privacy | Technology Law

Digital Encryption Laws in India

What is Encryption? Schedule V of the Information Technology (Certifying Authorities) Rules, 2000, defines encryption as- “The process of transforming plaintext data into an unintelligible form (cipher text) such that the original data either cannot be recovered (one-way encryption) or cannot be recovered without using an inverse decryption process (two-way encryption).” Cryptographic techniques are generally…

Contract Law | Interpretation of Contracts

Rules for Interpretation of Contracts: Implied Terms of Contract

Conditions for using ‘Implied Terms’ for Interpretation  Lord Simon in BP Refinery (Westernport) Pty Ltd vs. The Shire of Hastings [1978] 52 AJLR 20 held that- “…for a term to be implied, the following conditions (which may overlap) must be satisfied: it must be reasonable and equitable; it must be necessary to give business efficacy to the…

Linking & Metatagging | Technology Law

Consim Info Pvt. Ltd. Vs. Google India Pvt. Ltd. & Ors.

CITATION: 2013 (54) PTC 578 (Mad) FACTS In this case, the appellant was a private limited company providing online matrimonial services. In the course of its business, it had adopted several trademarks including, inter alia, Bharatmatrimony, Tamilmatrimony, Telugumatrimony, Assamesematrimony, etc. and registered several domain names with these word marks. The respondents (Google India and its parent…

Data Protection | Technology Law

DATA PROTECTION & INFORMATION SECURITY IN INDIA

Sushmita Ravi & Vivek Verma Data Protection under the Information Technology Act, 2000 (the “Act”) As per Section 43 of the Act, if any person without taking permission from the owner or any other person who may be incharge of a computer, computer system or computer network (collectively “Computer”) accesses or secures access to such…

Intellectual Property Rights | Trade Mark | Uncategorized

Dharampal Premchand Ltd. v. Golden Tobacco Products

Dharampal Premchand Ltd. v.  Golden Tobacco Products 2007(34) PTC 633 (Del.) (DB) Decided on: 08.05.2007 Plaintiff had filed a suit for infringement of it’s trademark ‘BABA’, for breach of it’s copyright and for passing off. The Defendant filed an application under Order VII Rule 10 of the Code of Civil Procedure, 1908 seeking rejection of…

Technology Law

Vyakti Vikas Kendra, India Public Charitable Trust Thr Trustee Mahesh Gupta & Ors vs. Jitender Bagga & Anr.

Vyakti Vikas Kendra, India Public Charitable Trust Thr Trustee Mahesh Gupta & Ors vs. Jitender Bagga & Anr. CS(OS) No. 1340/2012 Decided On: 09.05.2012 Facts: Plaintiffs in this case: Plaintiff No. 1 – Vyakti Vikas Kendra, India Public Charitable Trust, is a registered Public Charitable Trust constituted to implement and promote the spiritual, educational, social and developmental…

Technology Law

Avnish Bajaj vs. State (DPS MMS Scandal Case)

Avnish Bajaj vs. State (2005) 3 CompLJ 364 Del Key Words: Internet Service Providers (ISPs), Cyber Space, Criminal Liability, Director’s Liability, Listing FACTS: The case involved an IIT Kharagpur student Ravi Raj, who placed on the baazee.com a listing offering an obscene MMS video clip for sale with the username alice-elec. Despite the fact that…