Unit - 4
Intellectual Property Laws and Regulation to Information
Q1) What do you mean by intellectual property?
A1) Intellectual property, or commonly called IP, is made up of all the parts of your business that you or your employees think of. It differentiates you from the competition you come up with using your intellect, your brain.
IP is a unique concept and idea that becomes a corporate asset, devised and developed by employees, or contracted workers and advisors. This includes the following:
Invention
Work process
Articles, blog posts, case studies and other content
Book
An illustration
Photo
Music
Logo
Product name and company name
Tagline
Slogan
Movies
Game
They are the ones and ideas you have created to support your business.
Asset protection
IP is valuable and it belongs to you, so you need to protect it. Fortunately, the US government has agreed with you and has created a law that prevents others from stealing or using your IP without your permission.
The four main types of protection available for IP are:
Copyright. This kind of protection is given to creative works such as writing and drawing. Books, software, architectural drawings, articles, blog posts, graphic designs and movies are all copyrighted.
Trademark. This protection applies to the original word or combination of words, symbols, and designs created to represent your business. The symbol TM at the end of the word indicates that trademark protection is claimed, and ® indicates that the trademark is registered.
Patent. Inventions of a product or process are patent protected, giving the author exclusive control over how the idea is used. There are three types of patents: utilities (for processes or machines), designs (original graphic representation), and plants (such as flora and fauna).
Trade secret. Trade secret protection is given to a unique special prescription, program, or technique you have developed (think of a secret prescription for a cola drink, or a specific technique for a masseuse to work on you).
IP, unlike equipment and inventory, is often intangible, but it can make an even more important contribution to business success than tangible assets.
Q2) What is a patent? What are the different kinds of patents?
A2) Patent law is part of intellectual property law and controls which inventions are patentable, the patent application process, and how patent infringement is dealt with.
If you want to receive legal protection for your invention, you need to understand the basics of patent law. He also has some knowledge of the entire intellectual property law, the background of patent law, the requirements that an invention must meet before it qualifies for a patent, and some issues that make navigating patent law difficult. And may be beneficial.
A patent is a property right that gives the inventor the legal ability to prevent others from creating, using, or selling the invention for a specific period of time.
The most common type of utility model protects functional devices. Software patents are under this umbrella, but they can also be considered completely different types of patents.
Design patents cover the non-functional or aesthetic aspects of an item. Design patents are limited to the United States. In other countries, there are various intellectual property laws that protect designs.
Plant patents protect new types of plants.
The inventor can also file a provisional patent application. This allows the inventor to label the invention as "patent pending" and warn anyone who wants to copy the invention. Also, if you file a non-provisional or ordinary patent application, you can say that the invention has a patent pending, even if the application has not yet been approved.
Note that patents protect only fully developed inventions, not ideas.
Q3) What are the patentability requirements?
A3) Before an invention is protected by a utility model, it must meet the following requirements:
Must contain a patentable subject. Inventions must fall into one of the categories of patentable items as defined by law. In general, processes, devices, machines, and anything that can be manufactured can be patented. There is ongoing debate about business practices and whether printed matter can be patented, but traditionally it is not.
The present invention must be useful.
The present invention must be novel. It needs to have a new element in it. No one else should already have a patent for the same invention.
The present invention must be non-trivial. This means that no one with a basic knowledge of the types of items invented thinks the invention is obvious.
The inventor must be able to explain the invention in detail so that someone else can make the invention under your direction. This principle is known as activation. Part of the activation is to describe the best way to create and use the invention. If there is no preferred way to use or create an invention, or if you have not considered the best way to create or use an invention, you cannot be accused of violating this requirement.
Q4) What is Indian patent law?
A4) The Indian Patent Law of 1970 was passed and came into effect on April 20, 1972. The 1999 Patent Amendment Act came into force retroactively from January 1, 1995. The revised law provides for product patent applications in the region. Such patents were not granted, but pharmaceuticals, pharmaceuticals, pesticides, however, such applications were to be examined only after 31 December 2004.
The second amendment to the 1970 Act was against the 2002 Patent (Amendment Act) (2002 Act 38). The law came into force on May 20, 2003, introducing a new Patent Rule 2003 that replaces the previous Patent Rule 1972.
The third amendment to the 1970 Patent Act was introduced by the 2004 Patent (Amendment) Ordinance, which came into effect in 2005. This ordinance was replaced on April 4, 2005 by the Patent Amendment Act of 2005 (Act 15 of 2005). It came into effect on January 1, 2005.
The 1972 Patent Regulations were notified and entered into force in 1972. The new Patent Rule 2003 came into effect as an alternative to the 1972 Rule. These rules were further amended by the 2005 Patent (Amendment) Regulations and the 2006 Patent (Amendment) Regulations. The last fix came into effect on May 5, 2006.
Q5) Write the procedure for applying patents.
A5) Procedure for applying for a patent –
Step 1: Submit provisional application
Ideas and concepts can be submitted as provisional patent applications in India. A patent draft is a description of the technical legal content of an invention submitted to the Patent Office. Draft patents follow the guidelines set by the Patent Office and vary from country to country. After confirming that the invention is patentable, the inventor can proceed to draft a patent in the form of an Indian patent. The format of the patent draft is determined based on the content and stage of the invention / innovation.
Drafting provisional patents and drafting full / non-provisional patents
The inventor is given provisional or non-permanent rights to establish priorities for ideas or concepts with very little or incomplete technical information. A provisional application is a temporary application filed when the invention has not been finalized and is still being tested.
The applicant / inventor can visit the Patent Office directly, apply directly online, or apply for a patent through a lawyer. A provisional patent, as the word suggests, is not a final legal document, but the inventor has incomplete information or just an idea to develop a product or obtain complete information of the invention. We recommend that you submit only if you plan to obtain a certain period of time to do so. Unlike non-provisional patent applications, there are no specific requirements or set guidelines for what should be included in a provisional patent application.
You need to take into account the nature of the idea, whether it's a simple consumer product or a game-changing innovation. If it is a simple consumer product, it may be possible to generate income without having to file a non-provisional application. If it's a breakthrough innovation, the person needs a patent wall to keep others away. The draft patent must be converted to a full / non-provisional patent within 12 months. Otherwise, the patent priority will expire.
Step 2: Draft non-provisional patent
A complete patent specification is a legal document filed with the Patent Office to claim the rights of an invention and its details. A complete / non-provisional patent draft is a legal document written in the technical legal language and defined by the boundaries set by the claims of the invention.
The draft patent is a statement in front of the patent office, and the patent office's decision on granting a patent is based on the draft itself. Therefore, if the draft patent is not properly done, the patent application may not be granted or, if granted, it may not help the inventor effectively thwart competitors.
The complete specification first identifies aspects of the novelty of the invention, defines primary and secondary claims, structural limitations, drawings, and drawing details, and then uses that skill to enforce. It should be created by an experienced patent drafter who creates a patent application. Here's a structural way to create a complete specification:
Invention Title – Choose the appropriate invention title within 15 words that can indicate your patent application.
Technical Description – An overview of the domain to which the patent application belongs, specifically what it aims to solve.
Background of the Invention – What is a conventional patent, what is lacking in a conventional patent application, and how the current complete patent application solves these shortcomings.
Invention Abstract – The complete patent application abstract is generally consistent with the claim and may be a paraphrase of the characteristics and structure of the claimed invention.
A brief description of the drawing – This includes a brief introduction to the drawing that graphically supports the claims of the patent application.
Detailed Description of Drawings – This section provides detailed knowledge of the complete patent application and supports the claims along with additional details such as experimental details of the complete patent application and benefits of the patent application. I will explain in detail.
Claims – This section is very important and needs to be drafted in a wide range of ways, specifying new aspects of a complete patent application.
Invention Summary – This section outlines the main features of a complete patent application.
Step 3: Publish the application
All patent applications filed with the Indian Patent Office will be kept secret until published in the official patent journal. The Indian Patent Office usually publishes a patent application after 18 months. This is an automatic event and does not need to be requested. However, if you wish to publish your application early, you can apply for early publication (Form 9) and the application will usually be published within one month of your application.
The date of publication is important because the privileges and rights of the patentee begin on the date of publication, but the rights cannot be exercised through infringement proceedings until the patent is granted. It is also important to know that there are some scenarios in which a patent application is not published and is not kept confidential.
Confidentiality instructions are imposed under patent law. Confidential instructions are imposed if the invention falls under a category of publication that may be against the interests of the state.
A complete application was not submitted within 12 months of the provisional filing date
There was a request to withdraw. Such requests must be made at least 3 months before publication. Therefore, for practical purposes, it is 15 months from the priority date of the standard patent application process.
Step 4: Opposition to pre-grant
Post-publication invitations are open to the public, so any interested person / party can oppose the patent by submitting a request to the administrator and writing an application to the administrator.
Step 5 – Examination of patent application
All patent applications filed for protection must be substantially examined before the patent is finally granted. The examination process ultimately examines the patent application for the merits of the invention, as described and claimed in the patent specification.
Unlike publication, the examination process is not automatic by filing an Indian patent application. The applicant must specifically request the examination of the patent application (Form 18). The application will be queued for examination only if it receives a Request for Examination (RFE). Therefore, if you make an RFE request early, the examiner may review your application early.
Examination process (responding to objections and objections by examiners)
When the request for examination is submitted, it will eventually land on the examiner's desk due to the relevant technical background for the examination. During the examination process, the examiner scrutinizes the application to ensure that it complies with patent laws and regulations. The examiner also performs a search to understand similar techniques to see if the invention meets the patentability criteria.
The examiner will issue an examination report to the applicant stating the reason for the objection based on the examination of the application. Such a first test report is called the first test report (FER).
Once the FER is issued, the patent applicant must successfully overcome the objections in order to be granted a patent. The entire process may include responding to review reports, attending hearings, and so on. The total time required to apply for a grant is 6 months (previously 12 months) from the date the FER was issued. Applicant. However, this 6-month period can be extended to a 3-month period by the applicant applying for an extension (Form 4).
Step 6: Final decision on patent grant
If the patent application overcomes all objections, the patent will be granted and published in the patent gusset.
Step 7: Update
After the patent is granted, you will have to pay a renewal fee to renew it every year. Indian patents can be renewed for up to 20 years from the date of filing the patent.
Q6) What are the patents owners’ rights under Article 28?
A6) Article 28 of the TRIPS Agreement provides for the following rights:
The patent grants its owner the following exclusive rights
In India, patentees are entitled to manufacture, use, sell and distribute patented products. If the invention is a manufacturing process, the patent owner has the right to direct the procedure to another person approved by the patentee. This right can be enforced on behalf of the patentee.
b. Right to allocate and license
The patentee is entitled to assign or grant a license to manufacture and distribute the patented product to others. If you have a co-owner of a patented product, you shall ask the co-owner for permission to license others. The license is considered granted when the request was formally approved by the administrator.
c. Right to waive patent
The patent owner has the right to waive the patent after asking the administrator for permission. The administrator then advertises this surrender according to the procedures set out in Indian Patent Law. The party interested in taking ownership of the patent can then contact the administrator. The controller examines the parties' claims and relinquishes ownership of each.
d. Immediately before the seal
Article 24 of the Indian Patent Law implies that a patent will be sealed from the date of notification of acceptance to the date of receipt of the notification. The rights of the patentee begin after the notice of acceptance is presented.
e. Right to apply for additional patent
This provision is set out in Sections 54-56 of the Indian Patent Law. This provision provides for amendments to existing inventions. In such cases, the patentee will be granted rights to the modified invention after being notified of acceptance. When presented, the owner is entitled to the same rights as the previous patent.
f. Rights in case of infringement
When a patentee's rights are infringed, it is called patent infringement. This means that if a patented invention is used, manufactured or sold by anyone for commercial purposes, it will be accused of patent infringement. If you infringe the rights of the patentee, the patentee may appeal to the district court or the high court. If the person is found guilty of infringement, the court grants a permanent injunction and / or damages.
Q7) What is Patent infringement?
A7) Patent infringement means infringement of the exclusive right of the patentee. As mentioned earlier, a patent right is an exclusive right granted to the inventor by the government for the invention of the inventor for a limited period of time. In other words, if someone exercises the exclusive rights of the patent owner without the permission of the patent owner, that person will be liable for patent infringement. Sections 104-114 of the Patent Act of 1970 provide guidelines related to patent infringement.
Unlike the Design Law, the Patent Law does not specify anything that constitutes an infringement of a patented product or process. However, the following acts when performed without the consent of the patentee shall be equivalent to infringement.
(I) Manufacture, use, offer for sale, sale, import of patented products.
(Ii) Use, sell, sell, or import products that use or are acquired directly by a patented process.
Q8) What are the types of infringement?
A8) There are two types of infringement.
Direct patent infringement is the most obvious and most common form of patent infringement. Basically, direct patent infringement occurs when a patented product or product that is substantially close to an invention is sold, sold, or used commercially without the permission of the owner of the patented product or invention.
b. Indirect infringement
Indirect patent infringement suggests that the case had some degree of deception or accidental patent infringement. For example, A holds a patent for the device, and B manufactures a device that is virtually similar to A's device. B is offered a product from another person C to facilitate the manufacture of B's device. If a device so manufactured by B infringes A's patent, Mr. C indirectly infringes A's patent. In addition, if such products are intentionally sold or supplied, they can lead to "contribution infringement." In the above example, if Person C deliberately supplies the product to B, the infringement is interpreted as a contributing infringement.
Q9) What is copyright mechanism?
A9) If someone creates a product that is considered original and requires considerable mental activity to create, this product becomes an intellectual property that must be protected from unauthorized reproduction. Examples of unique works include computer software, art, poetry, graphic design, musical lyrics and composition, novels, movies, original architectural designs, and website content. One of the safeguards you can use to legally protect your original work is copyright.
Under copyright law, if an author creates a work from a unique and independent mindset, the work is considered original. This type of work is known as the Original Work of Authorship (OWA). Anyone who owns the original work automatically copyrights the work and prevents others from using or copying it. Copyright can be voluntarily registered by the original owner if he wishes to gain an advantage in the legal system when the need arises.
Not all types of work are copyrighted. Copyright does not protect discoveries, ideas, concepts, or theories. Brand names, logos, slogans, domain names, and titles are also not protected under copyright law. In order for the original work to be copyrighted, it must be in concrete form. This means that you need to write down your speech, discovery, sheet music, or idea in physical form for copyright protection.
In the United States, the original owner is protected by copyright law for life until 70 years after his death. If the original author of the work is a corporation, the copyright protection period will be shorter.
US copyright law has undergone numerous amendments and changes that change the duration of copyright protection. The "author's lifespan plus 70 years" protection may be due to the 1998 Copyright Term Extension Act (also known as the Mickey Mouse Protection Act or the Sunny Bono Act). This generally extended copyright protection by 20 years.
Q10) What is infringement of copyright?
A10) Copyright infringement refers to the unauthorized use of someone's work. Therefore, unauthorized use of someone else's work infringes certain rights of the copyright owner, such as the right to copy, distribute, display, or perform a protected work.
Article 51 of the Copyright Act stipulates when copyright is infringed. According to Article 51 of the Act, copyright is considered infringed in the following cases:
Q11) What are the issues that can occur with copyright?
A11) There are some issues that can occur with copyright. These are described below.
Plagiarism
Someone may copy the copyrighted material and pretend it is his original work. You can cite or refer to your work, but anyone using a copyrighted work must credit the copyright owner.
Owned
Ownership issues can occur when an employer works for an organization. In such cases, who owns the copyright of the work? If a person is an employer, it is the organization that owns the copyright of the material, but if the person is a freelance writer, the sole owner of the copyrighted material is the person.
Derivative work
Derivative work uses someone's existing work. This is a new version of the existing material. For example, translate a book into another language. Some people need that license, but if they don't have that license, they may be held liable for copyright infringement.
Q12) What are the civil remedies for copyright infringement?
A12) Civil remedies for copyright infringement
Civil remedies for piracy are covered in Section 55 of the Copyright Act of 1957. The various civil remedies available are:
1) Intermediate injunction
The most important remedy is the granting of a provisional injunction. In most cases, the completed application form is for intermediate relief and the question rarely crosses the intermediate stage. There are three requirements for a provisional injunction to be granted. One is just for the time being. Second, we need a balance of convenience. Finally, you need an irreparable injury.
2) Financial relief
Copyright owners may also seek three financial remedies under Articles 55 and 58 of the Copyright Act of 1957. Second, compensatory damages that allow copyright owners to seek damages incurred due to infringement. Third, conversion damages that are evaluated according to the value of the article.
3) Anton Pillar Order
The name of the Anton Pillar Order is Anton Pillar AGV. Derived from possession in the manufacturing process. The following elements are present in the Anton Pillar Order – first, an injunction that limits the defendant's destruction or infringement of goods. Second, an order permitting the plaintiff's lawyer to search the defendant's premises and keep the goods safe. Third, an order instructing the defendant to disclose the names and addresses of the supplier and consumer.
4) Maleva injunction
Maleva's injunction takes effect when the court believes the defendant is attempting to delay or interfere with the enforcement of the legislation passed against him. The court has the authority to instruct him to put all or part of his property under court disposition if it may be sufficient to satisfy the decree. This is stipulated in Rule XXXVIII Rule 5 of the Code of Civil Procedure 1908.
5) Norwich Pharmacal Order
Norwich Pharmacal Orders are usually passed when information needs to be discovered by a third party.
Q13) What is RTI? What is the purpose of RTI?
A13) Information Rights Act of 2005
This law is one of the most important laws that allows the general public to question the government and its activities. It is widely used by citizens and the media to reveal corruption, progress of government operations, expense-related information, and more.
All constitutional authorities, institutions, and government-funded organizations that are owned and controlled are also within the scope of this law. The law also requires union or state government officials to respond in a timely manner to citizens' requests for information.
The law also imposes penalties if authorities delay the response to citizens within the prescribed time.
Learn more about cultural and educational rights in the linked articles.
Purpose of the RTI method
Allows citizens to ask questions to the government.
This law promotes transparency and accountability in government activities.
The law also helps contain government corruption and work for people in a better way.
The law envisions building more informed citizens who will continue to be on the alert for the functioning of government agencies.
Q14) Write the significance of RTI.
A14) Significance of the RTI method
Q15) What is Information Technology Law?
A15) On October 17, 2000, the Information Technology Act (2000) or ITA (2000) or IT Act was notified. This is a law dealing with cybercrime and e-commerce in India. This article describes the purpose and features of the Information Technology Act of 2000.
2000 Information Technology Law
In 1996, the United Nations Commission on International Trade Law (UNCITRAL) adopted a model law on electronic commerce (e-commerce) and unified the law in various countries.
In addition, the General Assembly recommended that all countries should consider this model law before changing their legislation. India has become the twelfth country to enable cyber law after passing the Information Technology Act of 2000.
The first draft was drafted by the Government of India's Ministry of Commerce and Industry as the 1998 E-Commerce Act, but was re-drafted as the "1999 Information Technology Bill" and passed in May 2000.
Purpose of the law
The Information Technology Act of 2000 provides legal approval for electronic exchange of data and transactions made through other electronic means of communication or electronic commerce.
This includes the utilization of paper-based communication methods and alternatives to information storage to facilitate electronic filing of documents to government agencies.
In addition, the law amended the Indian Criminal Code of 1860, the Indian Evidence Act of 1872, the Banker Book Evidence Act of 1891, and the Reserve Bank of India Act of 1934. The purpose of this law is to:
Q16) Write the features of Information Technology.
A16) Features of the 2000 Information Technology Law
Q17) What is E-Governance? What are the types of E-Governance?
A17) Electronic governance is the integration of information and communication technology (ICT) in all processes with the aim of extending to electronic governance and strengthening the government's ability to meet the needs of the general public. The basic purpose of electronic governance is to simplify the process of everyone, governments, citizens, businesses, etc., at the national, state and local levels.
In short, it is the use of electronic means to promote good governance. This means implementing information technology in government processes and functions to achieve simple, moral, accountable and transparent governance. It involves access to and provision of government services, dissemination of information, and communication in a fast and efficient manner.
Types of interaction in electronic governance
Electronic governance is possible only if the government is ready for it. It's not a day's work, so the government must plan and execute before switching to it. Some measures include investing in telecommunications infrastructure, budgeting resources, ensuring security, monitoring assessments, speeding internet connectivity, promoting public awareness of importance, and support from all government departments. It will be.
Electronic governance plays a major role in improving and supporting all tasks performed by government departments and agencies to simplify tasks on the one hand and improve the quality of work on the other.
Q19) Write about the characteristics and purpose of E-Governance?
A19) The purpose of electronic governance is:
Characteristics of E Governance
The concept of electronic governance proves that it is a powerful tool for modern public services. Some of its functions can be found by observing the functions of electronic governance.
Q20) What is a digital signature?
A20) Digital signatures are a type of digital signature, both of which are used to sign documents, but there are some important features that make them unique.
Before we dive into the details, it may be helpful to go back a bit and review the security concerns surrounding paper-based documents and workflows. The most common concerns organizations and individuals face when dealing with paper-based documents are:
Is the person who signed the document the person they claim? Or, in other words, how do you know if your signature is valid and not forged?
How can I protect (or see from the recipient's point of view) that the content in the document has not been tampered with?
The existence of notaries was devised to address these very effective concerns and can be traced back to the time of ancient Egypt (according to the National Notary Association). Notaries today play an important role in ensuring that the documents are genuine and credible to the parties to the transaction.
As we doubt, the same problem exists in electronic document workflows. Digital signatures have been developed to help solve this problem. These are basically the digital equivalent of adding a notarized signature to a document. For digital signatures, a trusted third party called a Certificate Authority (CA) is responsible for verifying your identity.
The certificate authority binds the ID to a PKI-based digital certificate. This allows you to use certificates to create digital signatures locally using tokens or remotely using cloud-based signing platforms.
When you apply a digital signature to a document, encryption binds the digital certificate (provided after verifying the user's identity) to the data signed with one unique "fingerprint". As with real fingerprints, you cannot duplicate or modify the cryptographic components that make up a digitally signed document. This makes digital signatures secure, compliant, and stronger from a legal point of view. Digital signatures can be used to digitally convert, digitally "package", or digitally seal documents.
In summary, with carefully thought out and secure cryptographic operations, digital signatures can ensure that:
The documentation is genuine and comes from a validated source
The ID is verified by a publicly trusted organization (CA).
If any changes are made, the signature will appear as invalid and the document has not been tampered with since it was digitally signed.
Q21) Write about the statement at the time of issuance of the digital signature certificate.
A21) The certificate authority when issuing a digital signature certificate shall certify that:
Suspension of digital signature certificate.
i. A certificate authority that has issued a digitally signed certificate may suspend such a digitally signed certificate in accordance with the provisions of subsection (2)-
-When you receive a request to that effect
Subscriber listed on toe digital signature certificate, or
A person who is duly authorized to act on behalf of the subscriber
ii. If there is an opinion that the digital signature certificate needs to be suspended for the public good
Digitally signed certificates shall not be suspended for more than 15 days unless the subscriber is given the opportunity to comment on the issue.
iii. Upon suspension of a digitally signed certificate under this section, the Certificate Authority shall notify the subscriber.
Q22) What are the types of crime?
A22) Crimes can go through the criminal justice system in one of two ways. The first is brought to trial directly, and the second is brought to trial after a preliminary hearing. Witnesses testify twice, in some cases, both in preliminary hearings and in trials.
There are three types of crimes that can help you determine if you have a trial and a preliminary hearing, or just a trial. Summary, prosecution, hybrid (or dual).
Summary and prosecutable crimes
Many crimes are subject to imprisonment of up to 6 months and a fine of up to $ 2,000.00. These crimes are called informal prosecutions and proceed without "summary" or delay. Since the relevant judgments are not as serious as other crimes, a brief indictment trial is held in a state court in front of a state court judge.
In most cases, the defendant will be tried by any level of court, as if the crime is more than six months old and convicted, these crimes can have more serious consequences for the defendant. You can choose whether to hear it. These are called prosecutable crimes and are subject to formal written accusations "by prosecution" or nominating a particular person or crime.
With the exception of murder, in the case of a prosecutable crime, the accused can choose:
Hold a trial in the district court before the judge in the district court. If the accused is found guilty, the biggest potential judgment is still the criminal judgment that can be prosecuted.
The trial is conducted in front of a Supreme Court judge or a Supreme Court judge and a jury, and a preliminary hearing is conducted in the district court.
In a Supreme Court trial, there are two trials, so it usually takes time to conclude the proceeding. In addition, the Supreme Court does not have state courts everywhere, so trials may be held in a different community than the preliminary hearing. Another notable difference is that in the Supreme Court, lawyers are "gowns" with or without a jury. That is, the lawyer wears a standard short-waisted black jacket, a white shirt with a collar and tabs, and a black gown throughout. Canadian lawyers and judges do not wear wigs as is customary in the United Kingdom.
The difference for witnesses is that you may have to testify in both the preliminary hearing and the trial, or you may have to testify in the trial alone.
Hybrid or dual offense
Some crimes are called hybrid or felony because they can be prosecuted by summary or prosecution. The Crown Counsel will decide which procedure to use. For hybrid offenses, the criminal law provides the highest fines and imprisonment for both summarization and prosecution.
If the crime is serious and the Crown chooses to continue in a nutshell (usually up to 6 months in prison), the maximum penalties
can be higher. For example, the maximum imprisonment for sexual assault is 18 months instead of 6 months.
If Crown chooses to prosecute the accused, the accused may opt for a judge or judge and jury trial in state or supreme court.
The Crown Counsel must advise the court on the procedures to be followed before the accused is found guilty (guilty or not guilty). The accused can then hold his election (choice) and set an appropriate date for the preliminary hearing or trial set.
If the accused chooses to go to the Supreme Court, he will not enter the district court's plea, but at any time until the Supreme Court's trial is over, he will enter the guilty plea and proceed to the decision.
Q23) What are the limitations of the Information Technology Act?
A23) The limitations of the Information Technology Act are:
Information technology may have streamlined business processes, but it also created work redundancy and downsized and outsourcing. This has eliminated many low and medium level jobs and made more people unemployed.
b. Privacy
Information technology may have made communication faster, easier and more convenient, but it also purchased in line with privacy issues. From cell phone signal interception to email hacking, people are now worried about what was once private.
Information becomes publicly known.
c. Lack of employment security
Industry experts believe that the Internet is making employment security a major issue as technology continues to change day. This means that if he or she wants their work to be safe, one must be in a certain learning mode.
d. Dominant culture
Information technology may have made the world a global village, but it also contributes to one dominant culture for another weak one. For example, the United States is now claimed to influence the behavior of most young teens around the world.
Behave in clothes. Language has also faded and English has become the primary means of communication for business and everything else.
