Privacy has been well described “as the condition or the state of being free from public attention to intrusion into or interference with one’s acts or decisions.”[1] In India, however, whether the right to privacy is a fundamental right or not, has always been disputed. In the case of M.P Sharma vs Satish Chandra[2] was held that the right to privacy is not a fundamental right under the constitution. In Kharak Singh vs State of U.P[3] province, it was also held that “privacy was not a guaranteed constitutional right”. However, it was believed that Article 21 (the right to life) is a creation of the remaining human rights and recognizes the common legal right to privacy. However, after the case of Maneka Gandhi the situation has changed completely. Maneka Gandhi and R.C. Cooper’s case went on to say that freedom and liberty do not apply and are nothing but the right to privacy.

Thus, the case had a high rate of judicial activists acting as Marshall in a new era to increase the magnitude of the right to health and personal freedom. Over the course of Supreme court’s jurisprudence on the right to life & personal liberty under Article 21. In order to expand the scope & nature of protection under article 21. The use of dignity principle to configure the right to life with personal liberty under Article 21, going beyond for protection of limbs & faculties the rather the right to life included within scope of “right to live with human dignity”.[4]

Social media is an online form of communication. Many other types of social media such as blogs, small blogs, wikis social networking sites, widgets, visible worlds are also available. But social networking sites such as Facebook, Twitter, WhatsApp, Orkut, and Myspace have become more important in the last few years. But in order to use a social networking site and share other people’s posts, one must first create a profile. The main purpose of these social networks is to establish intelligence in the physical world. But few users were unaware that this boon was associated with crime as well.

The concept of cybercrime came up in the mid-1990’s and climbed the ladder of success to a whole new level. But we are the ones who have signed a contract with the Devil and now our privacy is shattered. IP address, keywords used in search, websites visited seemingly harmless, from the information we share on social media, to online transactions, cookies that collect user browser history, mobile subscriptions – personal information about each user’s internet use. The site quickly records our information such as the Amazon.in case[5]

They do it so because, the information they provide, they become more attractive to potential the advertisers. As a result, theft cases, sexual harassment, anonymous reputation, cyber breach and corruption have begun to gain momentum. It is reported that there are scams like koobface, which steal the details of people using Facebook and steal from the wrong people. Version 5 of HTML code is said to give advertising companies access to online users for tasks such as texts, images, emails and much more.

Often, the younger ones are the ones who make the most of  it. Nowadays, they do not hesitate to share their personal information with strangers. This is due to a lack of mental maturity, lack of awareness about personal data credentials and ability to make right and wrong judgments. As a result, sex offenders and identity thieves could easily be hunted down.

Twitter itself  has admitted that they had previously taken pictures of their users and logged into their website database to learn more about their users. Facebook’s oxymoronic status is evident when it first states that it contains all the content we post to Facebook and on the other hand states that we users allow Facebook to use any IP content we post about Facebook. People have also been reported to have committed suicide.[6] after their embarrassing videos were posted on YouTube. This failure of social media and daily crime has forced us to think seriously about what we really want to share and how our information is treated. Therefore, privacy policies must be carefully read before granting our consent. However, Facebook & Instagram has helped by introducing blocking, reporting, protection etc. options. Twitter has the option to share information only with followers, For securing the right of users.

In the case of Justice K.S. Puttaswamy (Retd.) Vs Union of India[7] The right to privacy recognized as a fundamental right in Article 21 of the constitution. To do this is a meaningful right, it is the duty of the state to keep the data, protective framework that while protecting citizens from the dangers they go to confidentiality of information from state and non-state actors, serves the common good. It is the understanding of the provincial function that the Committee must work while creating a data protection framework.

Violations of privacy in India is increasing at an alarming rate. And the privacy of 130 crores Indians at risk. Cyber crime can not be constrained by geographical location & the crimes can not be deterred by local law. government needs to come with some well drafted legislation on digital security which is on social media.  So, the right to privacy of every citizen can be secured by the state. This is high time for India to prioritize privacy and see as most important aspect of security concern. With the advent of social media, the new Internet privacy term has come to light. There is no specific law for Internet privacy and data protection. However, our constitution provided Article 21 as a key to insufficient privacy to provide adequate data protection. However, in the year 2000, the legislature made an effort to recognize the privacy issues of the social media and currently India’s most comprehensive legal provisions for privacy on the Internet is the Information Technology Act, 2000. Provisions that specifically protect users’ privacy include Sections 43, 66, 66F and 67 of the Information Technology Act, 2000 and the rules of the Act.

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Before 1940 there was no trademark law in India. Many problems have arisen with the violation of registered and unregistered trademarks which were resolved under section 54 of the Specific Assistance Act, 1877 and registration was sentenced under the Indian Registration Act, 1908. To overcome this difficulty, the law of India Trademark was enacted in 1940. After the application of the trademark law, the need for trademark protection increased as there was a significant growth in trade and commerce.[3]

Trademark is designated by:

·         ( is used for an unregistered trade mark. It is used to promote the brand goods).

·         ℠  ( used for any unregistered service mark. It is used to promote any brand services).

·         R   (letter R is surrounded by a circle and used for registered trademark only).

The Trade Marks Act provides, inter alia, for registration of service marks, filing of multiclass applications, increasing in the terms of registration of a trademark to ten years as well as recognition of the concept of well known trade marks & etc. The Indian judiciary has been proactive in the protecting all kind of trademarks, and it has extended the protection under the trademarks law to Domain Names as demonstrated in landmark cases of Tata Sons Ltd. v Manu Kosuri & Ors[4]  and Yahoo Inc. v Akash Arora.[5]

In Bhavnesh Mohanlal Amin v. Nirma chemicals Works Ltd[6] the Supreme Court held that the trademark NIMA is deceptively similar to the registered trademark NIRMA in appearance as well as pronunciation and hence amounts to infringement and hence upheld the decision of the trial court of granting injunction46 against the Bhavnesh Mohanlal Amin for using the trademark “NIMA”.

Registration process of trade mark in India.

·         Select an authorize the trademark agent or attorney to represent you.

·         Trademark attorney conduct the Search.

·         Depending on the search results, a trademark attorney will write your trademark application. In the event that someone has the same or similar trademark, you may need to change your own.

·         The Trademark Attorney will submit your trademark application to the Trademark Office and send you a receipt.

·         After a few days, the trademark will send you the Original Representation Sheet for your trademark as it is filed with the Trade Office.

It may take between 18 months to 2 years for the Trademark Office to decide whether or not to allow you to give you a trademark; if there is a dispute from the trading office or someone else, it can take a long time. And the trademark will published in the Trademark Journal.[7]

In, M/s Marvel Tea Estate India Ltd v. M/s Nusun Genetic Research Ltd.[8] the Delhi high court passed an interim order and restrained the defendant from using the plaintiffs trademark ‘MARVEL’ and also ordered to dispose of whatever materials are left by the name ‘NUSUN MARVEL’ within six month time as the defendant used a identical trademark and this amounted to infringement and passing off of the Plaintiff’s trademark.

Trademark owner or the registered user[9] gets the right to use it legally or assignee always has and gets a legal Right as to its usage[10]. Provided such proprietor is prior to use such trademark or service mark. Once the proprietor of such trademark is a registered® trademark owner under the trademark Act then such proprietor gets statutory right as to its exclusive usage  and protection under the act subject to certain provisions of the Act. If the trademark is unregistered then trademark is protected by the common law action of passing off. The trademark act too has recognized and protected the rights of unregistered prior user to an extent that even the registered trademark cannot stop the usage of unregistered prior user. In Ramdev Foods Products Pvt. Ltd. v. Arvind bai Rambai Patel Pvt. Ltd[11] the Supreme Court made an observation that Section 28 of the trademark Act gives exclusive right as to its usage to whoever registers the trademark under the Act.

Trade law passed by the Indian government operates within the territory of India. Registered trade trips only work in India, as protecting a foreign trade mark requires registration in another country. Each country has a trademark law with its own rules and regulations for the registration of trademarks in that country. In other words, if a person wishes to obtain a trademark register in any particular country a separate system must be used in all parts of the world. Before the end of 2013, the Indian government approved a convention in Madrid setting the stage for the submission of international applications for contracts from India through the work of the Registrar of Trademark. For example – mobile phone production in India “Micromax” has received $ 1.25 billion trademark registration to protect the “MICROMAX” trademark in more than 110 countries. Registration of the Micromax international trademark affiliated with the Madrid Protocol, under the trademark may be protected from further breach by simply applying for international registration.[12]

There are two methods by which an international application can be filed:-

·         International application in each foreign country: To protect a trademark in any foreign country, an international application must be submitted to the trade office in accordance with the laws and regulations of that country. For this purpose the applicant must hire a foreign trade registration company, applications to countries that are not part of the Madrid protocol.

·         The international application under the Madrid system: The trademark registration can also be initiated by means of an international application under the Madrid protocol before the Registrar of Trademark. India’s trade office collects an international trade application and upon receipt of it agrees with the Madrid agreement and submits an international application to WIPO (World Intellectual Property Organization), which transfers it overseas. The entire software is processed in a national and international manner and all communications are conducted by the Indian executives.[13]

Intellectual Property indicates that the lower body of a product is a mental or intellectual product. As it is a product of a creative and creative concept, it can be sold, purchased, donated and stored. All of this can be done but there are related issues that need to be addressed. Trademarks are a very important feature of Intellectual Property Property, therefore, trademark protection has become important in this day and age, everyone who creates a good product or service will want its brand unique, eye-catching and should be easily distinguished from others.

Intellectual Property is not a unwanted concept, in fact, it is a concept which is discussed in everyday life whether a movie, book, plant variety, food items, cosmetics, electrical gadgets, vehicles etc.. It has emerge as a concept of pervasiveness in everyday life. The World Intellectual Property Day on 26th April every year.

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