Sunday, October 1, 2000
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Cyber laws require more teeth 

 
New Delhi: The Information Technology Act passed by the Government of India and cleared by the President in June has not yet been notified for implementation. However, it is silent on a number of crucial issues, according to Mr Pavan Duggal, president, Cyberlaws.net.

The Act does not address the issue of domain name. Cyber-squatting is probably the most common cyber crime that is prevalent not only in India but globally. Duggal suggests that victims of cybersquatting should not take it for granted that since no cyberlaws have been notified, there is little they can do. At a broader level, Mr Duggal says there are two options for legal remedies: online arbitration and civil suits. Indian courts are beginning to get alive to such issues and are giving injunctions for similar or similar sounding names that have been poached. Courts are also beginning to justify jurisdiction. In a case involving a German company which alleged that a cybersquatter in Jalandhar had infringed on its rights, Delhi High Court claimed jurisdiction on the ground that Net is accessible from Delhi, the VSNL gateway.

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