Intellectual Property and Virtual Worlds

2010 ◽  
pp. 109-134 ◽  
Author(s):  
Angela Adrian
Keyword(s):  
Intellectual Property ◽  
Virtual Worlds ◽  
Real World ◽  
Legal Protection ◽  
Good Deal ◽  
Computer Code ◽  
Property Law ◽  
Fixed Costs ◽  
Marginal Costs ◽  
Virtual Property

As stated previously, virtual worlds are created by computer code which is designed to act like real world property. (Fairfield, 2005) Also noted earlier was the emergent certainty that digital technology is detaching information from the physical plane, which, in turn, disrupts the foundations of property law. The next question posed was, should this virtual property be protected and regulated in the same manner as real world property? The answer was perhaps. However, first, another aspect of property law should be considered, intellectual property. A good deal of computer code is just one step away from pure idea. Like ideas, it is non-rivalrous; that is, one person’s use of the code does not stop another person from using it. (Fairfield, 2005) This kind of code is deemed to be protected by intellectual property law. (Lessig, 1999; Geist, 2003; O’Rourke, 1997) Intellectual property protects the creative interest in non-rivalrous resources. Richard Posner (2000) noted: “Intellectual property is characterized by heavy fixed costs relative to marginal costs. It is often very expensive to create, but once it is created the cost of making additional copies is low, dramatically so, in the case of software, where it is only a slight overstatement to speak of marginal cost as zero. Without legal protection, the creator of intellectual property may be unable to recoup his investment, because competitors can free-ride on it; and so legal protection can expand output rather than, as in the usual case of monopoly reduce it.”

Virtual Property in Virtual Worlds

2010 ◽  
pp. 89-108
Author(s):  
Angela Adrian
Keyword(s):  
Intellectual Property ◽  
Virtual Worlds ◽  
Digital Technology ◽  
Property Law ◽  
Physical Plane ◽  
Intellectual Property Law ◽  
Collective Property ◽  
Virtual Property ◽  
The World ◽  
History Of

Digital technology is detaching information from the physical plane, where property law of all sorts has always found definition. Throughout the history of intellectual property law, the proprietary assertions of thinkers and inventors have been focused not on their ideas, but on the expression of those ideas. The ideas themselves, as well as facts about the phenomena of the world, were considered to be the collective property of humanity. One could claim franchise, in the case of copyright, on the precise turn of phrase used to convey a particular idea or the order in which facts were presented. Law protected expression. To express was to make physical. One did not get paid for the idea but for the ability to deliver it into reality. The value was in the conveyance and not the thought conveyed. In other words, the bottle was protected, not the wine. (Barlow, 2004)

PERLINDUNGAN HUKUM TERHADAP KARYA SENI BATIK YANG BELUM TERDAFTAR MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Cultural Heritage ◽  
Intellectual Property Rights ◽  
Rapid Growth ◽  
Economic Value ◽  
Legal Protection ◽  
Property Law ◽  
Market Demand ◽  
Work Of Art

Batik artwork is one of the treasures of the nation's cultural heritage. Batik artwork is currently experiencing rapid growth. The amount of interest and market demand for this art resulted batik artwork became one of the commodities in the country and abroad. Thus, if the batik artwork is not protected then the future can be assured of a new conflict arises in the realm of intellectual property law. Act No. 28 of 2014 on Copyright has accommodated artwork batik as one of the creations that are protected by law. So that this work of art than as a cultural heritage also have economic value for its creator. Then how the legal protection of the batik artwork yaang not registered? Does this also can be protected? While in the registration of intellectual property rights is a necessity so that it has the force of law to the work produced

scholarly journals Statistics and Characteristics Analysis of China’s Intellectual Property Crimes

2018 ◽  
Vol 228 ◽  
pp. 05013
Author(s):  
Yingyu Bao
Keyword(s):  
Intellectual Property ◽  
Virtual Worlds ◽  
Real World ◽  
Large Scale ◽  
Property Crime ◽  
Legal Framework ◽  
Actual Situation ◽  
Property Crimes ◽  
Characteristics Analysis ◽  
Intellectual Property Crime

By collecting, comparing and analyzing the data of intellectual property crime cases officially published, it is found that there is a big contrast between the quantity and the actual situation. Such crimes have the possibility of the existence of large-scale crime black numbers, the expansion of the scope of real-world crime objects, and the difficulty of eradicating criminal objects in virtual worlds. It should be given priority in the legal framework to reduce the phenomenon of intellectual property crime.

scholarly journals The series of trademarks: theory, legislation, law enforcement

2021 ◽  
pp. 45-53
Author(s):  
Nataliia Myronenko
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Legal Protection ◽  
Property Law ◽  
The European Union ◽  
Association Agreement ◽  
Intellectual Property Law ◽  
Goods And Services ◽  
European Court ◽  
Ip Law

Key words: trademark, series of signs, dominant element, originality, resolution The article, based on the analysis of the doctrine of intellectual property law,legislation of Ukraine, law enforcement practice, examines the state and prospects ofproviding legal protection of a series of trademarks. To overcome the existing gap inthe legislation of Ukraine, the need to amend the Law of Ukraine «On Protection ofRights to Marks for Goods and Services» is justified. It is proposed to define «a seriesof marks as a set of trademarks belonging to one owner of interdependent rights, interconnected by the presence of the same dominant verbal, figurative or combined element,having phonetic and semantic similarity, and may also bear minor graphic differencesthat do not change the essence of the trademarks. The lack of definition ofthe term «dominant element» in the legislation is emphasized. Based on the provisionsof the philosophy and doctrine of intellectual property law, the dominant elementmeans the smallest indivisible component of the trademark, which is originaland not descriptive. Based on this, its main features are distinguished: originalityand indivisibility.It is proved that the same position of the dominant element in the structure of allsigns is necessary to create a stable image of consumers in relation to a particularproduct and its manufacturer. Examples of court decisions on recognition or refusal toprovide legal protection to trademarks are given.In the context of reforming the legislation of Ukraine in terms of its approximation toEU legislation and the development of relevant case law, which must meet Europeanstandards, the expediency of using the legal positions of such a leading democratic courtas the European Court of Justice is justified. Attention is drawn to the fact that the decisionof the ECJ is not a source of law for resolving disputes of this category by the courtsof Ukraine. At the same time, they are a source of harmonious interpretation of the nationallegislation of Ukraine in accordance with the established standards of the legalsystem of the European Union. It is proved that this conclusion is consistent with thepurpose and objectives to be solved in the country in the process of implementing the provisionsof the Association Agreement in the legislation of Ukraine. Proposals are formulatedto improve the quality of legislation in the field of IP law.

scholarly journals NEW INSTITUTE OF INTELLECTUAL PROPERTY LAW IN UKRAINE — UNREGISTERED INDUSTRIAL DESING

2020 ◽  
Author(s):  
Олександр Дорошенко ◽  
Людмила Работягова
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Industrial Design ◽  
Legal Protection ◽  
Legal Regulation ◽  
Community Design ◽  
Property Law ◽  
The European Union ◽  
Design Protection ◽  
The Eu

The article discusses the main provisions of the institution of intellectual property law — an unregistered industrial design, which was introduced into the legislation of Ukraine through the implementation of the provisions of Art. 212–217 Chapter 9 «Intellectual Property» ofthe Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, and harmonization with the norms of Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs and Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs.The authors analyzed the main features of the legal protection of industrial designs as unregistered industrial designs, namely: without registration for a short period of time, with a limited scope of rights. The legal regulation of the protection of an unregistered industrial design in Ukraine is similar to the legal regulation of an unregistered industrialdesign of the Community and has the same advantages and  disadvantages.Since the Community Design Regulation came into force, one important question has always lingered: can a design which is first disclosed outside the EU territory be protected by an unregistered Community design right when it is subsequently disclosed within the EU? The UK court’s recent reference to the Court of Justice of the European Union may finally will answer this question. The same question arises in relation to an unregistered industrial design in accordance with the new legislation ofUkraine and requires further clarification in law enforcement practice.Of equal interest is a date for assessing the novelty of a design. Is the date for assessing the novelty of a design for which unregistered Community design protection is the date on which the unregistered Community design protection for the design came into being according to the Regulation, or alternatively the date on which the relevantevent of disclosure of the design could reasonably have become known in the normal course of business to the circles specialized in the sector concerned, operating within the Community, or alternatively some other, and if so, which date?

scholarly journals CELEBRITY PERSONA: LEGAL RIGHTS IN MALAYSIA

2020 ◽  
Vol 5 (19) ◽  
pp. 145-155
Author(s):  
Nor Azlina Mohd Noor ◽  
Ahmad Shamsul Abd Aziz ◽  
Mazita Mohamed
Keyword(s):  
Social Media ◽  
Intellectual Property ◽  
Personal Data ◽  
Legal Protection ◽  
The United States ◽  
Legal Rights ◽  
Property Law ◽  
Intellectual Property Law ◽  
Personal Data Protection ◽  
Legal Provisions

A celebrity has its own persona and has a right that can be protected by the law. The status of a celebrity can be obtained in certain circumstances such as through birth or descent as well as through skills or occupation. Celebrity rights are special and unique rights. This is because the right seems to be the property and belongs to the celebrity. The words celebrity is often associated with fame, money, power, publicity, extravaganza, achievements, fandom, culture, and is sometimes matters relating to scandal or even for something shameful. Accordingly, the public has no right to arbitrarily use the celebrity's right. Celebrity rights can be made up of three main rights which are personality, privacy, and publicity rights. In the age of social media, almost everyone can be a celebrity. Therefore, legal protection for celebrities is very important to be discussed. In Malaysia, there is no specific legislation regarding celebrity rights such as those found in other countries such as the United States. An issue that needs to be taken into account is in the absence of the specific law, how do the rights of these celebrities are legally protected in Malaysia. Therefore, this article discusses celebrity rights and related laws in Malaysia, especially under intellectual property law. This article applied the method of legal research through library research. This article concludes that while Malaysia does not have any specific legal provisions for celebrity rights, the infringement of celebrity rights can be catered upon through a variety of relevant laws such as intellectual property law like several provisions relating to copyright and trademark protection. In addition, with the advent of social media, celebrity rights are also protected by laws such as the Communications and Multimedia Act 1998. Privacy-related laws such as the Tort law and the Personal Data Protection Act 2010 can also be used to protect these celebrity rights.

Ownership of Collaborative Works in the Cloud

2015 ◽  
Vol 11 (4) ◽  
pp. 35-51 ◽  
Author(s):  
Marilyn Phelps ◽  
Murray E. Jennex
Keyword(s):  
Knowledge Management ◽  
Intellectual Property ◽  
Cloud Storage ◽  
Legal Protection ◽  
Property Law ◽  
Legal Environment ◽  
Intellectual Property Law ◽  
Networking Technologies

Increased usage of cloud storage and other networking technologies in knowledge management (KM) systems leave companies vulnerable to loss of proprietary rights as intellectual property law struggles to keep up with these advances. This paper reviews the current legal environment surrounding cloud and collaborative KM, discusses the implications for KM, and makes recommendations for how gaps between legal protection for intellectual property and KM can be overcome/corrected. Additionally, the paper explores how aware KM personnel are of this risk and proposes a further study using the who owns it game.

The Protection of Traditional Knowledge in the Knowledge Economy: Cross-Cutting Challenges in International Intellectual Property Law

2012 ◽  
Vol 14 (2) ◽  
pp. 137-178 ◽  
Author(s):  
Teshager Dagne
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Economic Integration ◽  
Knowledge Economy ◽  
Legal Protection ◽  
Property Law ◽  
Global Knowledge ◽  
Intellectual Property Law ◽  
Equitable Sharing ◽  
Scope Of Protection

Abstract This article explores and analyses existing frameworks and current initiatives for legal protection of traditional knowledge (TK) in international intellectual property law. The need to protect TK and to secure fair and equitable sharing of benefits derived from its use is accepted in major forums of international intellectual property law-making. Considerable differences exist, however, on the mode and scope of protection, and the extent to which the issue of TK protection can be addressed in respective institutions entrusted with the task: the CBD, WIPO, WTO, and FAO. In this article, general trends and specific problems that underlie demands for the protection of TK are analysed in light of contemporaneous trends of global economic integration in the age of global knowledge economy. After consideration of challenges and threats to TK that need to be addressed through a protection system, initiatives for the protection of TK in national and international frameworks are analytically explored, and various proposals and approaches for protection are critically examined.

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