Monday, 30 July 2012

ARINC’s CUPPS Was Bugged By Its Employee Claims CBI

Aeronautical Radio Incorporated (ARINC) of India has been managing the check-in counters, transfers counters and boarding gates at the IGI by using the Common Use Passengers Processing System (CUPPS). About a year ago, the CUPPS was infected with a malware and it caused great annoyance to the passengers.

The central bureau of investigation (CBI) was called in to investigate the issue. Now after a year CBI has come out with the cause and reason for the abnormal use of CUPPS. According to CBI, a disgruntled employee of Delhi airport’s service provider company was responsible for disrupting the check-in, boarding and baggage handling systems at Terminal 3.

It is claimed that the accused planted a malicious script ‘kill.cmd’ at the servers. The accused worked with ARINC as the system personnel. He was dissatisfied with his employment growth and wanted to prove his caliber to the company. He was expecting that by disrupting the system the company would call him to seek his services.  

The initial investigation focused on the insider’s involvement as the system required multiple access with administrator rights. Planting of the malware in such scenario was difficult except for an insider. Further, the system was accessed multiple times from remote locations in Bangalore. Let us see how this case would proceed further.

Sunday, 29 July 2012

E-Discovery Services In India

Cyber crimes are gripping India hard. Similarly, cyber contraventions in India are also increasing. Many individuals engage in cyber crimes for fun while others indulge in the same due to monetary incentives. With the growing cases of cyber crimes in India, the need of e-discovery services in India is going to increase.

Recently, the Supreme Court of India has restrained foreign law firms, foreign lawyers, non compliant legal process outsourcing (LPO) providers, etc from engaging in legal services of any nature whatsoever. Now only Indian advocates or LPOs consisting of Indian advocates alone can provide legal services.

This restriction equally applies to e-discovery services in India. Thus, only Indian law firms/lawyers and Indian e-discovery LPO/KPOs of India can provide e-discovery services in India. Similarly, legal e-discovery services in India cannot be provided by any person or firm unless it consists of Indian advocates alone.

Perry4Law is the exclusive techno legal e-discovery law firm of India and one of the few in the world. Further, after the injunction by the Supreme Court of India, it is also one of the few who can provide e-discovery services in India in a legal and acceptable manner.

With the directions of the Supreme Court of India, the e-discovery service providers in India would be engaging in illegal activities unless they are performing a purely non legal task. E-discovery in India essentially involves legal issues, evidentiary aspects and compliance with other Indian laws, hence only authorised advocates or Indian law firms/LPOs providers can engage in such services.

Those who are engaged in a legal battle or plan to engage in one in India must engage services of authorised and competent Indian lawyers and law firms alone otherwise their cases may be jeopardised.

Pharmaceuticals E-Commerce Legal Issues In India

E-commerce has become one of the premier choices of retail industry in India. Further, traditional business houses are also exploring the possible use of e-commerce to expand their brick and mortar business.

A common mistake that most of e-commerce service providers in India are making is avoidance of requisite legal formalities in this regard. Legal formalities required for starting e-commerce business in India cannot be ignored as their breach may attract both civil and criminal actions.

Thus, legal requirements to start an e-commerce website in India must be duly meet before jumping upon the e-commerce platform. This is more so regarding companies entering into pharmaceuticals e-commerce in India. Presently, online sale and purchase of prescribed drugs and medicines in India is a risky venture that must be undertaken only after fully complying with the legal formalities prescribed in this regard.

According to Praveen Dalal, managing partner of India’s exclusive techno legal ICT law firm Perry4Law, while we have basic level e-commerce legal framework in India yet e-health related legal framework is missing. For instance, e-health in India is facing legal roadblocks. Till now we do not have any dedicated e-health laws and regulations in India. The legal enablement of e-health in India is urgently required, suggests Praveen Dalal.

According to Praveen Dalal, legal issues of e-commerce in India vary as per different business models. For instance, electronic trading of medical drugs in India requires more stringent e-commerce and legal compliances as compared to other e-commerce activities. Digital communication channels for drugs and healthcare products in India are scrutinised more aggressively than other e-commerce activities. In fact, regulatory and legislative measures to check online pharmacies trading in banned drugs in India are already in pipeline, informs Praveen Dalal.

In a parallel development, the FIPB postponed pharmaceuticals sector FDI proposals in India. Further, India is also planning to reduce prices of expensive patented drugs to make medicines affordable to its predominantly poor population. The expiring medicines patents could boost pharmaceutical e-commerce in India as well.

The scope for pharmaceuticals e-commerce in India is bright provided e-commerce stakeholders duly take care of the applicable legal provisions in this regard.

Friday, 27 July 2012

Brand Protection And Enforcement Services In India

Brands have become an integral part of a corporate functioning. Brands have tremendous commercial value as they help in distinguishing the goods or services of one individual or company from the other individual/company.

Naturally, companies and individuals need to protect brands from imitation, unauthorised copying, unfair competition, etc. Brands are typically protected through intellectual property rights (IPRs) protection in the form of trademarks, designs, etc. a brand may consist of a name, term, design, symbol, or any other feature that identifies one seller's good or service as distinct from those of other sellers.

With the active use of Internet for various personal and commercial purposes, brand protection has become a tedious and challenging job. In fact, online brand and reputation protection has got nasty and many online brand and reputation companies are using illegal and unethical means to protect brands of their clients.

Brand protection has got a totally new meaning with the introduction of new generic top level domains (new gTLDs) by ICANN. Trademark and brand protection under new gTLDs registration by ICANN is a very challenging aspect. Further, the stakes are high and a techno legal strategy to protect brands under the new gTLDs regime is a must.

As far as India is concerned, an effective brand enforcement policy is needed in India. Individuals and companies must formulate techno legal policies to protect their brands in India. However, illegal and unethical methods must be avoided.

LPO/foreign lawyers are now not allowed to provide legal services in India any more. This includes brand protection services as well. Now only purely Indian lawyers based law firms and LPOs in India can provide litigation, non litigation, agreement drafting, consultancy, brand protection and enforcement services in India.

The awareness among various stakeholders is increasing and very soon we would witness growing demand for brand protection and management services in India.   

Wednesday, 18 July 2012

E-Discovery Law Firm In India

While writing a write up upon legal e-discovery services in India i tried to analyse the position of India law firms in this regard. India has world class law firms in traditional areas. Even the contemporary technology law related issues are managed by some Indian law firms with ease.

However, we have only handful lawyers who can deal in issues like cyber security, cyber forensics, e-discovery, cyber law, etc. On further digging up, i could not find law firms that can deal in techno legal fields.

The truth is that we have very few ICT and cyber law lawyers in India. Similarly, we have very few cyber law firms in India and cyber security law firms in India. There is no doubt that Perry4Law is the best techno legal firm in not only India but it is also one of the best in the world. Perry4Law is also the exclusive law firm of India that is providing techno legal e-discovery services in India.

Perry4Law Techno Legal Base (PTLB) is the premier techno legal segment of Perry4Law that is managing the services in the areas covering cyber law, cyber security, cyber forensics, digital evidencing, e-discovery, etc. PTLB is also managing the exclusive techno legal e-courts consultancy and training centre of India.

The Supreme Court of India has declared that foreign law firms, LPOs/legal KPOs, chartered accountant firms, etc cannot practice law in India anymore. All such legal services by these foreign law firm/lawyers, LPOs, legal KPOs, CA/CS firms, audit and accountant firms, etc are illegal in nature and thus risky to take.

Thus, it is in the own interest of various stakeholders to take legal services from techno legal firms like Perry4Law as services by others is clearly illegal as they are not entitled to practice law in India. This also means that all the existing as well as future LPOs and legal KPOs would be acting contrary to the laws of India unless Supreme Court of India directs otherwise.

Tuesday, 17 July 2012

Cyber Lawyers In India

Cyber law is now no more an ignored field. However, police, lawyers and judges are still not very much comfortable with cyber law and technology law related issues. We have very few ICT and cyber law lawyers in India. Similarly, we have very few cyber law firms in India and cyber security law firms in India .

There is no doubt that cyber law lawyers and law firms in India would have tremendous demand in the near future. This is more so when the legal industry of India passing through a metamorphism stage.

Although legal fraternity of India is getting serious but legal education is getting worst. The corruption and bad educational standards are marring the higher legal education of India. In these circumstances we cannot have sufficient and qualitative cyber lawyers in India.

Presently, Perry4Law is the leading techno legal ICT law firm of India and one of the best in the world. It has world class techno legal and cyber lawyers that have tremendous capabilities and legal acumen.

Perry4Law is sharing its expertise with others through Perry4Law Techno Legal Base (PTLB) that provides techno legal trainings to various stakeholders. We need similar initiatives in this regard so that India can have a ready made force of cyber lawyers.

Sunday, 15 July 2012

Legal Services In India Under Metamorphism

Legal services and practice in India is passing through a stage of metamorphism. The legal services in India are still not open to foreign lawyers due to absence of mutual understanding in this regard with various jurisdictions.

This also is logical as when Indian lawyers are not permitted to practice in foreign jurisdictions there is no sense in allowing foreign lawyers to practice in India as well.

The terms legal services has been interpreted very broadly by higher courts of India. Now even the apex court of India has declared that legal service include both litigation based as well as non litigation based services. This virtually covers all the legal services in India and any person, organisation, foreign law firm, CAs, CS, etc who are not enrolled with the concerned bar council and actually practicing law would be engaging in illegal activity.

This would definitely benefit local players and Indian LPO service providers like Perry4Law who would play a more pro active role in the LPO/KPO segment of India.

In similar parallel development, legal fraternity of India is getting serious but legal education is getting worst. While the respective bar councils are playing a good role in the development of legal education and legal standards in India yet higher legal education in India is still suffering from corruption and bad educational standards.

The coming months would witness numerous actions in this regard and only time would tell whether they would be useful or harmful.