Intellectual property law and the protection of creative MSMEs in the digital economy of Nigeria

Intellectual property is regarded to be the digital economy's hot issue. It ranges from theoretical arguments to own information concerning everyday life relating to the foundation of internet geography. The current study deals with the impact of the digital economy on intellectual property law and proposes that although various countries have given many intellectual property laws, no such implementation has ever been made. Still, the digital world has witnessed the protection of intellectual law through technical protection and contracts. The digital economy has greatly impacted the intellectual property law that can be witnessed through cyber squatter legislation and significant legal and economic protection developments. The endorsement of business methods patents and e-commerce would significantly affect freedom, computer as well as privacy. However, some of their personal information has been suggested by giving individual property rights while describing it to protect freedom and privacy. In this study, it has also been concluded that policy is critical to conceive and analyze issues so that it would be technology independent. It would help policymakers to draft legislation and policies in the same way. In addition to this, policymakers' decisions should not base on any business model's specifics only. Moreover, the study suggests the need for other adaptations to ensure that all the essential purposes in copyright laws, such as giving free access to the public for a broader range of information, have been adequately fulfilled in the digital economy context. However, such adaptations are yet to design, and for completing such tasks, the stakeholders' participation is significant.

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Property and the Exhaustion Principle

The End of Ownership ◽

10.7551/mitpress/9780262035019.003.0002 ◽

2016 ◽

Author(s):

Aaron Perzanowski ◽

Jason Schultz

Keyword(s):

Intellectual Property ◽

Conceptual Framework ◽

Digital Economy ◽

Property Law ◽

Digital Goods ◽

Basic Principles ◽

Intellectual Property Law ◽

Consumer Rights ◽

Default Rules

This chapter outlines the conceptual framework for the rest of the book by describing the basic principles of personal and intellectual property law. The default rules of ownership used to define the purchasers’ rights, allowing for resale, lending, gifting and many other forms of transaction by the consumer. Now, with the rise of the digital economy, consumer rights are defined through licenses, which impose various restrictions on consumers’ disposition of their digital goods. Among the traditional rules of ownership, the exhaustion principle is particularly important for mediating the tension between intellectual property holders and consumers. Exhaustion is the notion that an IP rights holder relinquishes some control over a product once it sells or gives that product to a new owner. IP rights holders have resisted exhaustion at nearly every turn, and the licensing model allowed them to infuse new vigor into their resistance.

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