A comparative study on trademark violation in cyber space: cyber squatting vis a vis domain names

Intellectual property right is all about human creativity and innovation. Intellectual property rights are considered as reward for creative and skilful work in execution of ideas.1 The impact of intellectual property rights has spread over every aspect of human life. It has something in store for everyone ranging from philosophers, ethicist, scientist, politicians, artists, lawmakers, entertainers, business, entrepreneurs, economists, professionals, industrialists, students and common man2.In the modern time data protection and management of intellectual property rights is a core issue. In the recent past the importance of intellectual property rights have been universally felt and recognised. The GATT (General Agreement on Trade and Tariffs) negotiations, resulting in the formation of World Trade Organisation (WTO) has played a vital role in the bringing intellectual property rights into multilateral agreements including TRIPS (Trade Related aspects of Intellectual Property Rights) agreement.3 This was an attempt to bring the protection of these rights under common international rules. The TRIPS agreement looks at different intellectual property rights and how to protect them. This function comes under the operations of the agreements of the World Intellectual Property Organization WIPO. The TRIPS agreement adds new or higher standards to the agreements already standing. One of the areas covered under the TRIPS agreement is the issue of trademarks4Intellectual property right is a negative right in the sense it empowers the right holder to exclude or prohibit all the others from using or exploiting the registered intellectual property. If the inventor intends to exclude others from working on the invention and in order to establish his excusive monopoly, the inventor needs to seek protection/prevent all others from working on it. Therefore, it is a negative right prohibiting others from working on it. Hence it confers negative rights to the owner. On the other hand positive rights confer rights to work or use or exploit. For instance, human rights are positive rights, because they vest on an individual certain rights to enjoy.1 Dr .Sreenivasulu N.S ,intellectual property rights ,publicised by Regal publications ,New Delhi, (2 ed) 2111,p 32 Ibid p. 4 Dr .Sreenivasulu N.S ,intellectual property rights ,publicised by Regal publications ,New Delhi,(2 ed)2111,p.43 Ibid p. 4 ,Supra,p.4Dr .Sreenivasulu N.S ,intellectual property rights ,publicised by Regal publications ,New Delhi, (2 ed)2111,p.44http://www1.american.edu/ted/cybersit.htm,accsess on11/1202113However, intellectual property rights do not necessarily result in vesting with positive rights on the owner but empower the owner, to exclude or prohibit others from exploiting the registered intellectual property.5Depending upon the nature of the intellectual work and field of application intellectual property rights have been classified into different kinds. For instance intellectual efforts in the field of science, technology, engineering or agriculture have been categorized as Patentable subject matter and are granted/offered protection under patent system. Intellectual efforts in the field of literature, music, photography, arts and paintings have been categorised as subject matter of copyrights and granted/provided copyright protection. Therefore, intellectual efforts in different field have been offered protection under different heads.6The different kinds of intellectual property rights are or could be categorized as follows: Industrial property (patents, trademarks, industrial designs, and geographic indications of source) and Copyright (literary and artistic works) / Rights related to copyright (performing artists, producers, and broadcasters7