Digital Consumer Contract Law without Prejudice to Copyright: EU Digital Content Directive, Reasonable Consumer Expectations and Competition

Network Effects ◽

Digital Content ◽

Consumer Contract ◽

Consumer Expectations ◽

Licensing Agreements ◽

High Level

Abstract The EU Digital Content Directive sets out to facilitate the cross-border distribution of digital content and ensure a high level of consumer protection by harmonising certain aspects concerning contracts for the supply of digital content. The Directive acknowledges the variety of licensing agreements involved in the distribution of digital content, such as between the holders of intellectual property rights, intermediaries and end-users. It is recognised that the consumer’s use of digital content could be restricted under end-user licensing agreements pursuant to intellectual property rights; at the same time, the Directive is without prejudice to other EU law, including copyright. Rather, under Art. 10, the consumer is entitled to remedies from the trader of digital content for lack of conformity where restrictions resulting from a violation of intellectual property rights prevent or limit the use of the content. As the traders of digital content frequently are not the owners of intellectual property rights but rely themselves on a licence, the question arises as to the potential implications of Art. 10 for digital content markets. This paper discusses two such potential implications. The first is whether the efforts to safeguard reasonable consumer expectations could be undermined by the Directive leaving the arrangements between traders and intellectual property right holders out of scope. The second is whether Art. 10 could reinforce the network effects and dominant position of the established players on the market.

Foreign Direct Investment and Trade Related Intellectual Property Rights (TRIPS): The Case of Latin American & Caribbean Developing Economies

NICE Research Journal ◽

10.51239/nrjss.v0i0.2 ◽

2018 ◽

pp. 1-17

Author(s):

Mumtaz Hussain Shah

Keyword(s):

Economic Development ◽

Intellectual Property ◽

Property Rights ◽

Latin American ◽

Developing Economies ◽

Market Size ◽

Annual Data ◽

Macroeconomic Stability

The growing share of knowledge-intensive products in international trade and the increasing sensitivity of multinational firms to intellectual property theft make it imperative to analyse the effect of IPR promulgation on their FDI decision. In this perspective the current article gauge the importance of Trade Related Intellectual Property Rights (TRIPS) agreement under World Trade Organisation (WTO) in increasing a Latin American & Caribbean (LAC) developing economy’s appeal for investors from abroad. Infrastructure and skilled labour availability, market size, macroeconomic stability, economic development, and trade liberalization are also considered. Time-invariant phenomena such as access to the sea, regional affiliations/proximities, income groupings and ability to speak one of the international languages, though desirable were not done because fixed effect panel estimation technique does not permit the use of dummy variables. Due to the 2008-2009 recession in the developed economies, the available investment funds withered, making the investors’ sceptic apropos the safety of their tangible and intangible property, especially in the developing world, causing a decrease in FDI to these nations in general. However, LAC countries were somewhat resilient and received a steadily increasing flow of foreign investment. Thus, it demands to analyse the factors that overcame the overseas investors’ scepticism and prompted them to invest in the LAC region. By utilizing annual data for 28 years that is 1989-2016 from 24 LAC developing nations it is found that infrastructure and human capital availability, macroeconomic stability, economic development, strengthening and worldwide harmonization of intellectual property right standards through TRIPS positively effects the overseas investor's investment decision. The host population used to measure market size is found to be insignificant when tested with other conventional FDI location pull factors. Similarly, liberalization, consistent with horizontal FDI theory, exerts a significant negative effect on inward FDI.

Ethics and Social Issues Related to Information Communication Technology (ICT)

Digital Rights Management ◽

10.4018/978-1-4666-2136-7.ch065 ◽

2013 ◽

pp. 1321-1333

Author(s):

Nelson Edewor

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Communication Technology ◽

Ethical Issues ◽

Social Issues ◽

Information Communication Technology ◽

Information Communication ◽

Personal Privacy

Information Communication Technology (ICT) has raised new ethical concerns about the protection of personal privacy, protection of intellectual property, user responsibility, acceptable access and use of information, software licenses and piracy. A good ICT policy must be able to adequately consider these, and many other associated issues. This chapter therefore describes these ethical issues and how to deal with them as an individual or an organization. It provides information on the concept of ethics and the technological advancements responsible for the ethical concern. It discusses privacy, information rights, and intellectual property rights and ethics policy. The Nigerian national intellectual property right laws were examined in line with World Trade Organization/Trade Related Aspects of Intellectual Property Rights (WTO/TRIP) compliance.

Advances in IT Standards and Standardization Research - Frameworks for ICT Policy ◽

Ethics and Social Issues Related to Information Communication Technology (ICT)

10.4018/978-1-61692-012-8.ch009 ◽

2010 ◽

pp. 135-147

Author(s):

Nelson Edewor

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Communication Technology ◽

Ethical Issues ◽

Social Issues ◽

Information Communication Technology ◽

Information Communication ◽

Personal Privacy

Part I The Nature of Intangible Property, 7 Intellectual Property

10.1093/law/9780198748434.003.0007 ◽

2018 ◽

Author(s):

Smith Marcus ◽

Leslie Nico

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Industrial Design ◽

Property Right ◽

Moral Rights ◽

Confidential Information ◽

The Right

This chapter examines intellectual property. The governing principles relating to intellectual property are very different from the principles that underlie other choses, like rights under contracts or debts. Like shares, intellectual property rights are characterized by specific statutory rules relating to their creation, as well as to their transfer. Intellectual property rights can be divided under six heads: patents; copyright; moral rights; industrial design rights; trademarks; and confidential information. In each case, the holder of the right is able—by virtue of ownership—to prevent others from doing what they otherwise could do. Each of these intellectual property rights has four different aspects: the intellectual property right itself; rights of action for infringement; validity challenges; and licensing.

12. Licensing Agreements and other Agreements Involving Intellectual Property Rights

10.1093/law/9780198723424.003.0012 ◽

2016 ◽

Author(s):

Alison Jones ◽

Brenda Sufrin

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Trade Mark ◽

Transfer Block ◽

Eu Competition Law ◽

Eu Competition Policy ◽

Licensing Agreements ◽

Movement Rules ◽

The Relationship

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines some of the different types of intellectual property rights (IPRs) before outlining the relationship between intellectual property and both EU competition law and the EU free movement rules. It focuses, however, on IP licensing agreements and their treatment under Article 101. The chapter is organized as follows. Section 3 traces the development of EU competition policy to IP licensing agreements. Sections 4 and 5 examine the current Technology Transfer Block Exemption, Regulation 772/2004 (TTBER) and the Guidelines in detail (noting where significant changes might occur in 2014). Sections 6, 7, and 8 deal with trade mark licences, trade mark delimitation agreements, and copyright (other than software) licences not covered by the TTBER and Guidelines. Section 9 outlines issues arising in cases involving IPRs under Article 102, while Section 10 concludes.

Do intellectual property rights involve a private power to tax

Journal of Public Finance and Public Choice ◽

10.1332/251569119x15682726799586 ◽

2019 ◽

Vol 34 (2) ◽

pp. 209-224

Author(s):

Carla Marchese

Keyword(s):

Economic Growth ◽

Intellectual Property ◽

Property Rights ◽

Mainstream Economic ◽

Novel Approach ◽

Monopoly Profit ◽

Private Power ◽

Bundle Of Rights

This article criticises the standard approach to intellectual property rights, interpreted as property rights conferring a monopolistic position, by showing that a public good is not a suitable basis for a private monopoly and that the bundle of rights included in an intellectual property right is so different from those enjoyed under a standard monopoly as to suggest that a different mechanism is at work, that is, a private power to tax has been granted. To highlight how this novel approach works, mainstream economic models of economic growth based on research and development, whether protected or not by intellectual property rights, are revisited. The theory of taxation is then recalled to show that taxes involved by intellectual property rights can range from an amount equal to the monopoly profit to Lindahl taxes. Finally, the principles of taxation elaborated by economic theory are examined for clues to improving the design of intellectual property rights.

THE MODERN VISION OF THE SYSTEM OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE

Law Journal of Donbass ◽

10.32366/2523-4269-2021-75-2-52-59 ◽

2021 ◽

Vol 75 (2) ◽

pp. 52-59

Author(s):

Victoria Shekhovtsova ◽

Keyword(s):

Intellectual Property ◽

Property Rights ◽

The State ◽

Point Of View ◽

Property Right ◽

Creative Activity ◽

The Right ◽

Intellectual Potential

The article is devoted to the research of the intellectual property rights system in Ukraine. Intellectual property is the result of the creative activity of any person or group of people. The author studied the categories «intellectual property» and «intellectual property right», investigated the principles of intellectual property and the system of intellectual property rights of Ukraine. In Roman law, there was the term «property», because the «property right» in its classical meaning was formed in Rome, and related to private relationships. Intellectual property is the property of a person that arose as a result of her creativity. However, for our Ukrainian legislation, the expression «intellectual property» is «terra incognita». Yes, intellectual property is studied by such branch legal sciences as: civil law, administrative law, international law, and others. Formed the State Service of Intellectual Property, but the organization of the state system of legal protection of intellectual property, in our difficult times, wants a better one. In the legal literature on intellectual property issues various definitions of «intellectual property right» are given. From a subjective point of view – this is a subjective right, and from an objective point of view – a civil law institute, a set of legal norms that regulate relations in the system of creation and protection of intellectual property. Man, his freedom and rights are the most important value of evolutionary development of society, which manifests itself in the growth of the intellectual potential of the population of each country. Only man possesses intelligence, creative potential and creative abilities. In addition to it, on earth, no living creature can create. Creative activity is the most important aspect of human life, which allows you to convey your talent to society. The consequence of this activity is something new, unique, unique and original. The accumulated products of the human mind are the heritage of the nation, which determine its further development.The Constitution of Ukraine guarantees to the citizens of the state freedom of scientific, artistic, literary and technical creativity, protection of intellectual property rights, moral and material interests arising in connection with various types of intellectual activity. Every citizen has the right to the results of his intellectual, creative activity; no one can use or distribute them without his consent, with the exception of the statutory provisions. The intellectual potential of the nation, in the form of improving education, production, culture, science and technology, needs constant support from our state. The Civil Code of Ukraine for the first time in our national legislation was given a formal definition of the right of intellectual property, as the rights of the individual to the result of intellectual, creative activity or other object of intellectual property rights.

STATE INTELLECTUAL PROPERTY MANAGEMENT IN THE SPHERE OF NATIONAL SECURITY AND DEFENCE

Theory and Practice of Intellectual Property ◽

10.33731/32020.216555 ◽

2020 ◽

Author(s):

Олександр Зайківський ◽

Олександр Оністрат

Keyword(s):

Intellectual Property ◽

Property Rights ◽

National Security ◽

State Policy ◽

The State ◽

Property Management ◽

Intellectual Property Management ◽

Intellectual Potential

The state policy on the management of objects of intellectual property right in the sphere of national security and defense is considered.Under the current conditions, national security is unconceivable without solving the problematic issues of intellectual property management and creating the necessary preconditions for the development of intellectual potential and its use for national security.At present, the concept of national security is being expanded to include more and more spheres of public life. New security settings related to the scientific and technological revolution have started to play an important role.Nowadays, issues of the formation of an effective state policy for ensuring national security in all its spheres and manifestations are of great importance. An important component of the mechanism for the formation and implementation of state policy in the field of national security should be the provision of intellectual property management.However, national security legislation does not provide for the development of a strategy or other programmatic document on scientific and technical security, which would envisage measures to ensure the protection of the scientific and intellectual potential of the state, competitive technologies available in the country.The question at issue is the fact that the state has not yet developed a national strategy for the protection of intellectual property, which would provide the protection of interests and rights of all subjects of intellectual property rights, and especially the state. Although the attempts to develop such a strategy were carried out repeatedly. The state system of intellectual property protection and the effectiveness of providingnational interests with its structural elements, in particular in the field of national security and defense, are investigated. Current problems in this area are explored and suggestions are made to resolve them.There exists a necessity for creation of the central executive authority, the main task of which should be the formation and implementation of the state policy on the protection and management of intellectual property, as well as the state body, which, on behalf of the state and in its interests, will execute the ownership rights of the objects of intellectual property rights that are in state property.

Kebijakan Pemerintah Dalam Perlindungan Hak Kekayaan Intelektual (HAKI) Di Indonesia

Pencerah Publik ◽

10.33084/pencerah.v5i2.1012 ◽

2018 ◽

Vol 5 (2) ◽

pp. 27-33

Author(s):

Laksminarti Laksminarti

Keyword(s):

Law Enforcement ◽

Intellectual Property ◽

Property Rights ◽

Descriptive Analysis ◽

Related Aspect ◽

Directorate General ◽

Technological Developments

This research aims to obtain a picture of the policy in the field of intellectual property rights as well as legislation and law enforcement of intellectual Property Rights (HAKI). The increasingly high-flow of free trades that demand the higher creativity of the resulting products proved increasingly spur on the technological developments that support these needs. Along with this, it began to realize the importance of the role of intellectual Property Rights (HAKI) in supporting technological developments. This is seen from the increasingly high number of copyright, patent and trademark applications and the sufficient number of industrial design applications addressed to the Directorate General of Intellectual Property Rights, the Office of the jurisdiction and human rights. By using a descriptive analysis obtained the idea that the implementation of good intellectual property rights system not only requires the legislation in the field of intellectual property right but should be supported also by Administration, law enforcement and an optimal socialization program on intellectual property Rights (HAKI). The results of the research show that at this time, Indonesia has had a legal device in the field of intellectual property rights which is adequate and does not contradict the provisions as required in Agreement on Trade-Related Aspect Of Intelectual Property Rights. In principle, all rules of intellectual property rights have been prepared about the interests of the Community and by the minimum provisions as required by TRIPS approval (Agreement on Trade-Related) Aspect Of Intelectual Property Rights).

Advances in Marketing, Customer Relationship Management, and E-Services - Handbook of Research on Integrating Social Media into Strategic Marketing ◽

Intellectual Property Rights and Social Media

10.4018/978-1-4666-8353-2.ch006 ◽

2015 ◽

pp. 88-98

Author(s):

Hatem Bugshan

Keyword(s):

Social Media ◽

Intellectual Property ◽

Property Rights ◽

Web 2.0 ◽

Digital Content ◽

Learning Needs ◽

Digital Era ◽

E Learning ◽

The Uk

Issues related to intellectual property rights in the Web 2.0 environment are rarely discussed. This chapter investigates the issues surrounding copyright in the digital era, which the market is increasingly using social media. The chapter describes the legal risks confronting people on using content in the digital era and examines the issues in this area. Valuable discussion will be generated for all users of digital content. The chapter investigates copyrights in the digital era through a case study, gathering data through interviews conducted in the UK. Research findings show lack of knowledge and instruction in the use of digital content and information produced through social media is the main reason for emerging conflict in this area. Knowledge about IPRs, and specifically copyrights in e-learning, needs to be provided for people. One of the issues that must be addressed by the use of Web 2.0 to learners is a full explanation of copyright laws. This will prevent content generated in this environment from infringing copyright.