Department of Electronics (DoE)
Government of India

India

Indian Information Technology (IT) industry particularly Software has seen impressive annual growth rate of around 50% in the last 5 years. Indian software development capability has now got worldwide recognition. Today, international Infotech giants are coming to India to have direct presence and set up software development activities. India is likely to emerge as a global software development centre linked-up to world wide operations. The confidence of the public at large as investors in software companies could be seen from the fact that the stocks of the Indian software companies have been doing very well.

In the last one year or so, a large number of initiatives were taken with respect to strengthening the indigenous capability including Supercomputers, ATM test bed, Java Competency Centre of India, better datacom infrastructure, a framework for Cyber Laws, Internet and related issues, expansion of Software Technology Parks of India (STPI), software quality certification, Multimedia Promotion Programme, Localisation of Software, National S&T Net, Electronic Governance, National Information Infrastructure (NII) test beds, Action Plan for NII for National Development, National Software Capability Enhancement Programme, IPR Promotion Programme etc.

Government of India, recognising the impressive growth the country has achieved which is still a small portion of the potential to achieve, has resolved to make India a Global IT Superpower and a front-runner in the age of Information Revolution. Government of India considers IT as an agent of transformation of every facet of human life that will bring about a knowledge-based society in the twenty-first century. To accomplish this task through specific IT Action Plan and Policy, Government of India in May 1998 has set-up a High-level National Task Force on Information Technology and Software Development. The first of its Report, containing 108 recommendations of the IT Action Plan covering prominently the needed revisions and additions to existing policies & procedures for removing bottleneck and achieving such a pre-eminent status for India, as accepted by the Government, has been notified on 25th July, 1998. The further work is progressing rapidly; totality of the work done and current status is available at URL address : http://it-taskforce.nic.in. [1].

Importance of Data Security Systems and Cyber Laws given by the National Task Force on IT could be gauged from the fact that eight specific items of Action Plan (S. No. 100 to 107) pertain to this subject.

1. Protection under Indian Copyright Act

The Indian Copyright Act was amended in 1994 to extend more effective protection to computer programmes as literary works and for the protection of computer generated works. The meaning of "literary work" included works such as computer programmes, tables and compilations including computer databases. The rights of the copyright holder, the rights of the users, and the punishment on infringement of copyright of software etc., are all extensively covered.

India being part of Bern convention (1971) the Rome Convention, Indian Copyright Act as amended in 1994 with broad-based definition of software and making copyright infringement as a cognizable offence is rated as one of the effective pieces of legislation.

TRIPS - Computer Programs and Compilation of Data and Layout -Designs of ICs : Indian Status

Under the TRIPS Agreement, besides General Provisions and Basic Principles given therein, insofar as Information Technology is concerned, Section-1 of Part-II entitled "Copyrights and Related Rights" provide the necessary clauses with respect to Computer Programs and Compilation of Data (Article-10) and its relationship to Bern Convention (Article 9). Section-6 covers provisions for Layout-Design (Topographies) of Integrated Circuits (Articles 35, 36, 37 & 38).

Insofar as substantive provisions of TRIPS in Computer Programs and Compilation of Data are concerned, Indian Copyright Act (amended in 1994) is broadly in conformity. Work to draft sui-generis legislation for protection of intellectual property in layout-design of integrated circuits in line with the requirements of WTO/TRIPS has begun.

WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty: Indian Position

With the above two treaties adopted by WIPO organized Diplomatic Conference (Dec 2-20, 1996), the process of adapting the international rights regime to the emerging Digital Age has begun. That the process of adaptation has only begun, that it is not the end, not even the beginning of the end but the end of the beginning, is worth repeating [2,3]. A very significant factor that emerged during the Diplomatic Conference is the realisation on the part of the world community about the ever increasing need for striking a balance between the rights of the authors/owners of copyright and neighbouring rights on the one hand and the interests of the society on the other, in the context of framing new legislation whether nationally or internationally.

Indian Copyright Act (amended in 1994) may need only minor facial amendments to make it conform to new treaties. India is very closely following the rapidly emerging technological and commercial scenario in the world to take appropriate steps at suitable time. In this regard, it may be noted that India has been elected Chairman of the newly formed WIPO Standing Committee on Information Technology.

 

 

 

 

1. IPR Promotion Programme in IT : Initiative by DoE

In order to build up greater awareness, develop insights in the complex mechanism of creation, ownership and protection of intellectual property across the country and thereupon taken necessary action and to respond to the needs of digital era, Department of Electronics, Government of India has set up IPR Cell and is implementing IPR Promotion Programme. As a single-point IPR knowledge resource, IPR Cell, with the participation of various interest/knowledge groups, analyses worldwide new developments on IPR in the context of Multimedia/NII/GII/Emergent Global Digital Economy [4]. These are published and presented in the various forums to sensitize the country on the emergent scenario to take appropriate initiatives.

In line with WIPO Treaties’ Digital Agenda, a project has been initiated in the country to conceptualise Electronic Right Management System [5].

2. Standing Committee on the Formulation of Cyberlaws

With the thrust India has given on Information Technology as brought-out earlier, and to respond to the needs of Cyberspace/digital economy, aspects related to formulation of Cyber Laws for Electronic Data Transfer and Transaction have been addressed in a focussed way through a high-level inter-ministerial Standing Committee under the chairmanship of Secretary, Department of Electronics and consisting of Secretaries from the Ministry of Commerce, Ministry of Law & Justice, Dept. of Telecommunications, Director General, National Informatics Centre, Dept. of Administrative Reforms and Public Grievances, Secretary, Dept. of Information Technology, Government of Andhra Pradesh and representatives of Manufacturers Association of Information Technology (MAIT), Federation of Indian Chambers of Commerce and Industry (FICCI), and National Association of Software & Services Companies (NASSCOM).

The Standing Committee set-up various sub-groups in specific prioritised / identified areas. Department of Electronics set-up a Core Technical Team to provide secretarial & technical support to the Standing Committee. Initiatives taken around the world in various countries, work of UNCITRAL, WIPO, OECD, WTO, International Chambers of Commerce, UNESCO and other international bodies were studied to draw parallel for India. These have resulted into a series of international state-of-the-art technical studies on Cyber Laws related to certain key areas (Digital Signature Law, IPR, Cryptography Technology & Policy Directions and Cyberlaws for Computer related Crimes) carried-out during the period Oct. 97 to April 98. These studies are available at URL address : http://www.doe.gov.in [6 to 9]. These provided technical support to the deliberations of the Standing Committee on Cyber Laws.

The Standing Committee on Cyber Laws has now drafted a bill to lay down the legal framework for use of documents transmitted electronically in business. As a primary and important step to facilitate the admissibility of electronic document/record/data as evidence, existing laws which may be termed as core laws have been recommended for certain amendments : the definition of electronic document to be inserted as specific sub-clauses to effect these have been formulated for incorporation in various statutes like The Indian Evidence Act, The General Clauses Act and the Indian Penal Code. Related amendments in Banker’s Book Evidence Act and Reserve Bank of India Act have also been formulated to facilitate Electronic Fund Transfer.

In the nutshell, the draft, named as Information Technology Bill, 1998 (draft) prepared by the Standing Committee on Cyber Laws is aimed at making provisions for the security and use of electronic transactions and for matters connected therewith. These cover, interalia, aspects related to Secure Electronic Records and Signatures, Electronic Contracts, Digital Signature and associated Certification Authorities, Government use of Electronic Records & Signature, Computer Crime & Data Protection and various other related issues. The draft IT Bill, after incorporating certain suggestions given by the Standing Committee, would now be vetted by the Legislative Department amongst other authorities; necessary approval will then be taken to introduce the Bill in the Indian Parliament.

 

3. Summing up

To sum up, aspects related to protecting proprietary and security rights in cyberspace, within the framework of IT Action Plan to make India a global IT power and one of the largest generators and exporters of software in the world, have been addressed. In this rapidly changing field driven by fast technology development and associated commercial interest, an attempt has been made to understand and develop insights into various initiatives and concern in the world in the present phase of globalisation. Work of the IPR Cell, Department of Electronics and that of high-level inter-ministerial Standing Committee for the formulation of Cyber Laws in India has been presented.