Rpt Case Studies

Topics: Agreement on Trade-Related Aspects of Intellectual Property Rights, Copyright, Public domain Pages: 12 (4009 words) Published: December 17, 2012
Case Studies Paper VIII (404) Sem.IV M.Com.Part II Patter 2008 Wef from June 2009 Case Studies : There will be a paper of case studies for external students. The paper will be set for 80 marks to be converted to 100 marks. In the question paper 04 cases are given. It will be covered, each carrying 20 marks. Note : The paper of case studies will be offered only by external students only..

CASE No.1 : ‘X’ Limited of India, is the leading company, in manufacturing and distributing computers through out the country. The company obtained the ‘Internet Vendor’s website’ in United States of America. The server is located in United States of America. The website is mainly used for identifying the customers and selling computers through the globe. A buyer from any part of the world can go through the details of computers on the website, and decide which type of computers should be bought. After having decided, the buyer can place an order for computer by visiting the website and by providing the information requested to enter the transaction. At the same time the buyer’s authorization and credit card number is routed on the digital highway to the bank. After closing the deal the digital information will generate physical distribution order to transport the computer to the address of the buyer. The buyer acknowledges the physical delivery of the computers. Your are required to discuss the issue as to a) the fixed place of business. b) does the server constitute a place of business ? c) what would happen if the vendor’s server is in the state of the buyer ? ****************


CASE 2 In an E-trade agreement, signature is based exclusively on asymmetric methods or techniques. It has been described as a special door, which can be opened with a four key lock. The two keys are on every side of the door, and each of these two keys belong to a single party. Both the parties stand respectively on each side of the door and both of them have different keys. One of them is coincidental with the key possessed by the other party, since they have agreed on the shape and notches in the key (public key).However, the other party is not, and none of the parties knows exactly ,what kind of notches the other key will have. The only thing is sure that the door can only be opened when the four keys are in it. Once both the parties have locked the keys into the door it is possible to open it and for the parties to be sure that they can negotiate through that open door safely without being afraid that an outsider might interfere in their business. Discuss with reference to authentication of electronic records using digital signatures. ****************


CASE No.3. Mr.C.H.CHOTE installed a website “chahooindia.com”. This is resembling the another renowened website – “chahoo.com”. The services rendered by Mr.C.H.CHOTE are similar to the services rendered by the “chahoo.com”. (plantiff) M/s C.H.Bade and Company, which had installed “chahoo.com”, claimed that they are global internet media, rendering services under the domain name “chahoo.com” which was registered with the “Net work solution Incorporation”, since 2000. An application for registration of trademark ‘chahoo’ was pending in India. M/s C.H.Bade and company, further, claimed that they are the first in the field to have a domain name ‘chahoo’, and also to start web directory and provide search services. In June 2000,such directory was named ‘chahoo’. Mr.C.H.Chote adopted the domain name ‘chahooindia.com’ which is closely resembling to the renowned name ‘chahoo.com’.It was found that the internet users, who wanted to use ‘chahoo.com’ may reach to the ‘chahooindia com.’ Hence, they claimed that the act of Mr.C.H.Chote is dishonest and was tentamount to ‘cyber squatting’. Mr.C.H.Chote claims that1. Plaintiffs trademark was not registered in India, therefore, there could not be any action for infringement of registered trade mark. 2. There could not be an action of passing off as the...
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