In this research paper we will try to investigate the relationship between cybercrime and infringement of intellectual property rights. People generally believe that they want everything for free, such as free antivirus, free software, free Wi-Fi internet, free latest movies, serials, Netflix episodes, and so on. However, free versions of such things on the internet and other online media platforms are a trap set by cyber hackers to hack data and information in laptops, PCs, and smartphones.

Such persons not only infringed on the owner's copyright, but also became victims of cybercrime. Because of a lack of awareness and education about cyber safety and security, individuals are easily lured into cyber criminals' unlawful operations, becoming victims and losing their hard-earned money, personal data, and information. The growth of digital technology has changed the environment of intellectual property (IP), making it more vulnerable to cybercrime.

The study examines case studies and legal frameworks to determine how cybercriminals use digital platforms to violate IP rights, such as copyright, trademark, and patent infringement. The paper digs into the problems that law enforcement and policymakers confront when addressing this increasing danger, particularly in the context of cross-border cybercrime. Furthermore, the study analyses the role of new technologies, such as blockchain and artificial intelligence, in protecting intellectual property and decreasing cyber risks. This research seeks to explore the interaction of intellectual property law and cybersecurity.[1]

Introduction
Intellectual property rights safeguard all unique works created by human brains. Intellectual assets, also known as intellectual properties, are intangible property that includes symbols, literary, artistic, and musical works, discoveries, and copyright. The terms are acknowledged, as are the legal realms that relate to them. Owners are granted an all-inclusive entitlement to protect and benefit from their intangible assets.

The increased usage of cyberspace has benefited in the transmission, storage, and preservation of intellectual property; nevertheless, cybercrime has an influence on intellectual property law as well, and obtaining ownership of intangible property is becoming increasingly difficult. Cybercrime is on the rise, and it encompasses activities such as linking, framing, and cyber-squatting. The article will discuss the issues that intellectual property owners face, as well as the regulations that exist to address them in India.

Copyright Infringement

What Is Copyright?

Copyright is a type of intellectual property protection in which the author of an original work has exclusive rights to its use and dissemination. These rights often include the capacity to:

• Reproduce the work: Create copies of the work in any format.
• Disseminate the work by offering, renting, or exchanging ownership.
• Perform or exhibit the work: Either perform the work publicly, as in a play or music, or display it publicly, as in a painting or photograph.
• Create derivative works: Make adaptations or other works based on the original, such as translations, book-based movies, or music remixes.

Copyright protection covers a wide range of creative works, including literary works (books and articles), musical compositions, visual arts (paintings and sculptures), films, software, and even architectural designs.
Copyright applies immediately when a work is created and fixed in a physical medium of expression, therefore registration is not required; nevertheless, registering with a copyright office may afford extra-legal benefits. Copyright does not protect concepts, techniques, or systems, but rather the unique manifestation of those ideas.

The period of copyright protection varies by nation, although it typically lasts for the creator's lifetime plus an additional number of years (commonly 70 years) following death. Following this period, the work usually enters the public domain, where it can be utilized freely.


Challenges:

• A link connects one set of text, pictures, or data items to another. Linking is highlighted and underlined. The worldwide web enables individuals to connect and seek knowledge.
  Linking is divided into two types:
  
  1. Surface connecting alludes to a connect to a website's homepage.
  2. Deep connecting happens when a interface skips the homepage and coordinates the client to the associated site's inner page

How connecting affects copyright.
Linking harms the rights of the website's genuine owner since the linked site loses money. The amount of money depends on how many people visit the website. Linking minimizes the quantity of visitors to the website. Deep linking can be detrimental to the website's owner since it allows users to search for information without having to type the website's URL. Furthermore, there is a strong likelihood that consumers may believe that both websites are linked and share the same information, raising the danger of crimes such as fraud. The data might be exploited for criminal purposes.

• Case law: In Shetland Times Ltd. vs. Dr. Jonathan Wills and Zet News Ltd., the defendant used deep linking to insert pages of Shetland Times by bypassing its home page and creating a hyperlink of Shetland Times' story headline, which was held to be an infringement of copyright under British law and an injunction was issued.
   
• Caching: Caching is the act of replicating and duplicating original content in order to make it available to consumers for a limited period of time. According to Indian law, copying must be done electronically, although electronic storage can also be used as a caching medium for copyright infringement.
   
• Framing: Web browsers allow web publishers to partition their webpages into 'frames'. A frame is a window on a website that is controlled separately and allows you to quickly read webpages from other websites. A website developer can include extra online content underneath the navigation bar. This enables him to leverage creative material held by another organization to sell banner advertisements on its website.

Plagiarism is the replicating of books, motion pictures, music, and movies for online dissemination or generation. Uploading and downloading content without the creator's permission has become easier as technology has advanced. Piracy has become a danger to copyright. Archiving copyrighted data via online links is becoming increasingly frequent. The individual who uploads such information bears responsibility for the infringement of copyright.

Software piracy is the illicit copying of computer software, which is protected by the Copyright Act of 1957.

• Soft lifting refers to the sharing of software with an unauthorized individual who does not have a license to use it.
• Software counterfeiting is the development of fraudulent versions of software that imitate the original and are accessible at a lower cost.
• Leasing is the practice of renting a copy of software to a user for temporary usage without the real consent of the copyright owner, hence breaking the software licensing agreement.
• In lining, it is the process of displaying a visual asset on one website from another.

Trademark Infringement
What Is Trademark?
A trademark is a sort of intellectual property that consists of a distinctive sign, design, symbol, word, or phrase that differentiates and identifies a certain source's products or services from those of others. Businesses use trademarks to preserve their brand identity and guarantee that customers can readily recognize and distinguish their products or services from rivals'.

Key characteristics of trademarks include:

1. Distinctiveness: A trademark must be unique and capable of identifying the origin of a certain product or service. Common examples include logos (such as Nike's "Swoosh"), brand names (such as "Coca-Cola"), and slogans (such as McDonald's "I'm Lovin' It").
    
2. Exclusive Rights: The owner of a trademark has the only right to use it in commerce for the products or services for which it is registered. This implies that no other company may lawfully use a similar mark for comparable items or services in a way that could mislead customers.
    
3. Registration: While trademarks can be established via usage, registering a trademark with the relevant governmental body (such as the United States Patent and Trademark Office, or USPTO) gives extra legal protection and benefits, such as the ability to sue for trademark infringement.

Types of Trademarks:

1. Word Marks: These are composed of words or letters, like "Google."
2. Design Marks: These are logos or symbols, such as Apple's apple logo.
3. Combined Marks: A mix of words and design, such as Starbucks' logo and name.
4. Sound Marks: Distinctive sounds linked to a product or service, such as the NBC chimes.

• Duration and Renewal: Unlike copyrights, trademarks can exist eternally as long as they are in use and the owner renews the registration. Renewal durations vary by jurisdiction but are commonly every ten years.
• Protection Scope: Trademarks are typically protected within specified classes of products or services; thus, a comparable brand may exist in a completely different industry without posing legal problems. For example, the trademark "Delta" is used by both an airline and a faucet maker.

Trademarks play an important role in business because they enable consumers identify the source of products or services and prevent unfair competition through brand replication.

Trademark infringement in cyberspace: In most cases, trademark infringement occurs with domain names. A domain name is the name that identifies a website. It acts similarly to the address that consumers use to access a certain website. When computers are recognized by their IP addresses, which take the form of different codes, the domain name is critical. However, because IP addresses contain complex numeric coding, simpler replacements with universal recognition have been developed. A domain is an option. It might be a word, symbol, or a number combination. For example: http://www.google.com.

It is an ancient practice for trademark holders to acquire domain names that closely resemble their registered trademarks. For example, a law practice that holds the registered trademark 'legal eagles' will most likely choose a domain name such as 'www.legaleagle.com' rather than 'www.legalease.com'. The basic issue is that the domain names are allocated by the Internet Corporation for allocated Names and Numbers on a "stand in line" basis, resulting in the assignment of 'predatory domain names' that are abusive to registered trademarks. As a consequence, certain domain names are generated that are registered trademarks, yet the owner of that domain name has no genuine claim or interest in that trademark, nor any lawful authority over the name of the trademark, resulting in a dispute.

Challenges:
Cybersquatting occurs when domain names are registered, sold, or exchanged with the goal of profiting off someone else's goodwill. It is a criminal offense. [3]In the case of Yahoo Inc. v. Akash Arora, the plaintiff, the registered owner of the domain name "yahoo.com," obtained an interim order prohibiting the defendants and their agents from offering goods or services on the Internet or in any other location under the domain name "yahooindia.com" or any other name that is confusingly similar to the plaintiff's trademark[4].

• Meta tagging: To increase the possibility that a search engine would return a webpage, a Meta tag is placed in the keywords field. The site may have nothing to do with the Meta tag that was added. It becomes a problem when corporations include Meta tags that contain the names or descriptions of other companies or businesses; this is considered trademark infringement.
   
• Cyber parasite: It represents a situation in which the usage of the real domain name generates incentives and revenues. The method entails utilizing a similar or misspelled domain name that is comparable to a well-known trademark.
   
• Dilution: This occurs when a trademark owner has a trademark that is similar to a well-known trademark and uses it in a way that dilutes the unique characteristic of the famous brand.
   
• Renewal squatting: A domain name is normally registered for a set length of time, and if the owner does not apply for re-registration, the domain name becomes available for purchase by anybody else. In such instances, cyber squatters might take over the domain name.

Intellectual Property Infringement and social media
The usage of social media has brought the globe closer together, allowing people to connect freely with one another, but it has also raised concerns about intellectual property protection. Any third party might readily exploit a company's trademark to market its products or cause misunderstanding among the public.

Laws Applicable For Protecting Intellectual Property Rights In India

Section 13(1) of the Copyright Act of 1957 specifies the works for which copyrights exist: original literary, dramatic, musical, and creative works; cinematograph films; and sound recordings.

Section 14 expands on the definition of copyright. It specifies the rights of copyright holders, including the right to reproduce, issue copies, perform his art in public, translate, adapt, and broadcast work, as well as to prohibit others from using copyright work without permission.

Civil remedies for infringement: According to Section 55 of the Copyright Act, the copyright owner is entitled to all civil remedies for copyright infringement, including injunctions, damages, accounts, and other remedies as permitted by law. Section 66 provides that the court may order the seizure and delivery of infringing copies to the copyright owner. When cases of infringement and passing off occur, the owner of the trademark can apply the district court for an interlocutory injunction, Anton Pillar orders, damages, and an accounting of earnings. Patent holders have the same civil remedies open to them.

Criminal remedies: Section 63 of the Copyright Act states that anyone who willfully violates or encourages the violation of a work's copyright is guilty of a crime and will be punished with a fine of not less than fifty thousand rupees but not more than two lakh rupees, as well as a term of imprisonment of not less than six months but not more than three years.[5]

According to Section 63(b), anybody found to have knowingly utilized an infringing copy of a computer program on their computer risks a minimum term of seven days in jail and a maximum sentence of three years, as well as a minimum fine of fifty thousand rupees, which can be increased to two lakh rupees.[6]

According to Sections 103 and 104 of the Trademark Act of 1999, any person who is found applying for a false trademark, trademark description, or selling goods or providing services to which a false trademark or false trade description is applied is punishable by a fine of not less than fifty thousand rupees, which may be increased to two lakh rupees, and imprisonment for not less than six months, but not more than three years.[7]

Administrative remedies include petitioning the registrar of copyrights to prohibit the import of infringing copies into India when the infringement occurred as a result of such importation, as well as delivering confiscated infringing copies to the copyright owner and requesting delivery.

According to section 64 of the Copyright Act, any police officer not below the level of sub inspector has the ability to take infringing copies if he is satisfied that the infringement is done or about to be done. He can confiscate copies of work or plates used for the work of infringement without a warrant According to Section 74 of the Copyright Act, the registrar has some powers equivalent to those of a civil court and can even pass.

Section 62 of the Copyright Act specifies that any litigation or civil process pertaining to the violation of copyright or any other rights in the act must be filed in the district court with jurisdiction. Section 29 of the Trademark Act defines when and by whom a trademark is violated. Section 75 of the Trademark Act specifies whether a certified mark constitutes infringement.

Opposing the registration of a deceptively similar trade mark while the trade mark registrar is contemplating granting a trademark can help to defend the trade mark. If a deceptively identical trademark is registered, the registry has the authority to request its withdrawal.

Section 91(1) of the Trademark Act of 1999 provides for an appeal to the High Court against the registrar's order or determination within three months of its passage. Section 135 offers redress in cases of infringement or passing off.

An intermediary may be held liable if it fails to comply with the provisions of Section 79 of the Information Technology Act 2000, which also requires certain due diligence, as outlined in the Consumer Protection (E- Commerce) Rules 2020 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, which superseded the Intermediary Guidelines Rules 2011[8].

The 2012 revisions to the Copyright Act included clauses primarily related to copyright infringement and the internet. Section 52(1) (c) states that the person in charge of digitally storing an infringing copy of a work must refrain from facilitating access to the infringing copy of the work for twenty-one days after receiving written notification from the owner of the copyrighted work alleging that the act of temporary or incidental storage constitutes a copyright infringement. Access may be restored at the conclusion of the 21-day period if the person in charge has not received an order from a competent court ordering them to cease allowing access.

Jurisdiction issue: Because there are no territorial boundaries, cybercrime can occur anywhere in the globe. The Information Technology Act of 2000, especially Section 75, applies to offenses done outside of India if the behaviour used a computer, computer system, or computer network located in India. Intellectual property owners will profit enormously from judicial activism mixed with strong jurisprudence, since Indian courts are well-equipped to handle cases of internet intellectual property infringement.

Conclusion
Future advancements in cyberspace will raise the danger of cybercrime in a variety of domains, including infringement of intellectual property rights. When it comes to concerns like copyright and trademark infringement in online, the legislation appears unable to cope with them. To safeguard the rights of intellectual property owners, legislation and regulations controlling such cybercrime must be enacted swiftly.

Suggestion
There is a lot of room for improvement in dealing with cyber concerns. Central and state governments must take meaningful steps to address such concerns. To develop a different set of mechanisms to combat wicked behaviors in cyberspace. Owners of intellectual property rights must be made aware of their rights and the procedures to be taken to protect them. Separate legislation must be enacted to protect intellectual property.

End Notes:

1. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4551669/
2. https://www.milgromlaw.com/copyright-law/to-register-or-not-to-register-the-benefits-and-limitations-of-a-trademark-registration
3. https://juriscentre.com/2024/04/21/cybercrime-involving-intellectual-property-rights
4. https://www.nolo.com/legal-encyclopedia/cybersquatting-what-what-can-be-29778.html
5. https://megweights.gov.in/penalties.html
6. https://keralaexcise.gov.in/wp-content/uploads/2019/02/Offence-Punishments.pdf
7. https://www.indiacode.nic.in/show-data?actid=AC_CEN_11_60_00004_199947_1517807323972
8. https://www.meity.gov.in/writereaddata/files/Information Technology 28Intermediary Guidelines and Digital Media Ethics Code29 Rules2C 2021 28updated 06.04.202329-.pdf

Written By: Akshi Gupta - Amity Law School, Noida