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Intellectual Property LawsImplications on
Social Media
Presented By:
Vidhi AgarwalPartner, LawQuest, Mumbai
www.lawquestinternational.com
http://www.lawquestinternational.com/http://www.lawquestinternational.com/http://www.lawquestinternational.com/http://www.lawquestinternational.com/7/28/2019 Intellectual Property Rights Implications on Social Media - Vidhi
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Copyright 2008 LawQuest.All rights reserved.
Word Intellectual Property Organisation (WIPO),
World Trade Organization (WTO)TRIPSThe implications for India
Why is India crying hoarse?
Paris Convention for the protection of Industrial Property
Patent Co-operation Treaty (PCT)
Budapest Treaty
All Signatory countries need to ensure Intellectual Property Rights (IPR) Protection within theirjurisdiction.
IntellectualProperty
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Relevant Indian Laws*
The Patents Act, 1970
The Copyright Act, 1957 The Trademark Act, 1999
The Designs Act, 2000
The Information Technology Act, 2000
*As amended from time to time and with theirsupporting rules.
http://www.ditto.com
G
http://www.bridgew.us/library/ipr/index.cfm7/28/2019 Intellectual Property Rights Implications on Social Media - Vidhi
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Copyright 2008 LawQuest.All rights reserved.
IPRs - An Exclusive, Time Bound, Right Over
A Creation
Copyrights
Trademarks
Patents Designs
Trade Secrets
Data
Geographical Indications Domain Names
http://news.sawf.org/Bollywood/27828.aspx
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Emerging Technologies
Digitization
Electronic distribution
The Internet
Nanotechnology
Bio-technology
Move from physical assets
to intangible assets
http://www.ditto.com
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Effect of Emerging Technologies
Innovation
Mobile Technology
Electronic Storage Devices- iPods, iPhones, Smart Phones
Growth of new industriese.g. BPO
Efficiency
Savings
Prolific Publishing Opportunities (specialized websites,blogs, portals)
Customer Centric AdvertisingSMS and Voice Advertising,
search engine advertising
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(I) Navigating Social Media in the Business
World
1. Exploitation of Social Media by Entities
Bolstering Customer Connection
Understand defamation and copyright laws; Put in place policies to remove offensive content without jeopardizing
protection
Replacing Press Releases with Social Media Updates
Apply to social media disclosures with regulatory implications;
Understand the terms of use for any social media applications used,
particularly with respect to privacy and ownership.
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Communicating Consumer News Quickly
Consider whether such updates are desirable to the recipients.
Keeping Tabs On Competitors
Ensure that your companys use of information gleaned through use of
social media complies with its antitrust policy.
Addressing Public Relations Issues
Use social media to respond to customer complaints
Recruiting Employees Understand that information that would be inappropriate to make hiring
decisions had it been obtained by other means is still inappropriate if
gleaned from Internet searches.
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Monitoring behavior of employees Bear in mind that certain activities may be deemed protected.
Improving internal communications
Understand privacy and security protections (and any legal restrictions).
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2. Use of Social Media by Employees (on behalf of
or separate and apart from the employer) Discussing the company or company products
If the comments could be perceived as those of the company, consider
limiting such discussions to certain well-trained employees;
Multiple employees discussing the same product inconsistently can createconfusion;
Official comments are a new source of evidence in litigation.
Disclosing Confidential Information Inadvertently
Teach employees to recognize confidential information
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Incorporating Works of Others
Train employees on intellectual property basics.
Complaining about ones Job Understand legal protections for individuals engaging in
certain activities;
Rights of privacy and other confidentiality obligations.
Criticizing the Company Post-Employment Consider possible causes of action for a tort, contract, or
statutory violation: Defamation,, Disclosure of trade secrets,Violation of employment agreement
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3. References to the Entity by Third Parties
Using A Companys Name or Trademarks
Develop clear policies as to the type of uses to which your company will
object and those uses that you will ignore;
Protect rights proactively;
Understand the terms and conditions and intellectual property protection
policy.
Blogging about a Particular Product
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Contact Details
522 Maker Chambers V
221 Nariman Point,
Mumbai400021, India.
Tel: +91 22 6615 6555
Fax: +91 22 2287 2080
Website:www.lawquestinternational.com
Email id: [email protected]
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