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DMCA notices for protection of intellectual property online

  • Posted By
    10Pointer
  • Categories
    Economy
  • Published
    29th Jun, 2021

Context

Union Minister for Electronics and Information Technology and Law and Justice Ravi Shankar Prasad is alleged to be a violator of the Digital Millennium Copyright Act (DMCA).

About the DMCA

  • The Digital Millennium Copyright Act, or DMCA, is a 1998 law passed in the US.
  • It is among the world’s first laws recognizing intellectual property on the internet.
  • The DMCA oversees the implementation of two 1996 treaties signed by World Intellectual Property Organisation (WIPO) member nations. The two treaties are namely:
    • The WIPO Copyright Treaty
    • The WIPO Performances and Phonograms Treaty
  • Both the treaties protect intellectual property that may have been created by citizens of different nations who are also co-signatories to the treaty.
  • It also provides the necessary international legal protection to digital content.

Who can generate a DMCA notice?

  • Any content creator of any form, who believes that their original content has been copied by the user or a website without authorization can file an application citing their intellectual property has been stolen or violated.

WIPO and its protection of content on the internet

  • WIPO is the global forum for intellectual property (IP) services, policy, information, and cooperation.
  • It is a self-funding agency of the United Nations, with 193 member states.
  • Its mission is to lead the development of a balanced and effective international IP system.
  • Its mandate, governing bodies, and procedures are set out in the WIPO Convention, which established WIPO in 1967.
  • India is also a member of WIPO.
  • To tackle the problem of content copying from the website, WIPO agreed to extend the copyright and intellectual property protection to digital content.

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