scholarly journals Impact of Digital Economy on Intellectual Property Law

2020 ◽  
Vol 13 (4) ◽  
pp. 117
Author(s):  
Asif khan ◽  
Ximei Wu
Keyword(s):  
Intellectual Property ◽  
Personal Information ◽  
Digital Economy ◽  
Free Access ◽  
Property Law ◽  
Individual Property ◽  
Intellectual Property Law ◽  
The Public ◽  
Digital World ◽  
The Impact

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.

Intellectual Property Issues for Digital Libraries at the Intersection of Law, Technology, and the Public Interest

2011 ◽  
pp. 294-341
Author(s):  
Dionysia Kallinikou ◽  
Marinos Papadopoulos ◽  
Alexandra Kaponi ◽  
Vassiliki Strakantouna
Keyword(s):  
Intellectual Property ◽  
Public Interest ◽  
Digital Libraries ◽  
Legal Issues ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Public ◽  
Creative Commons ◽  
Alternative Proposal ◽  
Database Protection

The development of Digital libraries and repositories, a worldwide vision with enormous political and ideological importance for humanity, in an effort to approach cultures and preserve plurality and diversity, is directly affected by the provisions of Intellectual Property Law and is subject to the consideration of innovation through legislation. Legal issues such as these related to software use, database protection, the collection, digitization, archiving, and distribution of protected works are of outmost importance for the operation and viability of Digital libraries and repositories. In this chapter, the authors focus upon some of these legal issues and consider an alternative proposal in respect of Intellectual Property law for open access to creative works furnished to the public through Digital libraries and repositories. The alternative proposal pertains to the use of the Creative Commons licenses as a legal means to enhance Openness for Digital libraries.

Intellectual Property and Privacy Law

2021 ◽  
pp. 135-148
Author(s):  
Megan Richardson
Keyword(s):  
Intellectual Property ◽  
Personal Identity ◽  
Human Dignity ◽  
Personal Information ◽  
Private Sphere ◽  
Loss Of Control ◽  
The Public ◽  
Privacy Law ◽  
Digital World ◽  
The Individual

This chapter explores the intersections between intellectual property (IP) and privacy law. It notes that while the scope of what we may consider to be ‘intellectual property’ continues to expand to cover new creative and innovative practices, so too the meaning and scope of what we may consider to be ‘privacy’—traditionally understood as allowing the individual to enjoy a private sphere free from the public gaze—has come under pressure to expand to address new situations where loss of control over personal information and incursions on personal identity are seen to undermine human dignity and liberty. Thus ‘privacy’ and ‘intellectual property’ become ever more imbricated in our modern digital world, and we can expect to see ever more interchange between the laws that regulate these domains.

scholarly journals Intellectual Commons and the Law: A Normative Theory for Commons-Based Peer Production

2020 ◽  
Author(s):  
Antonios Broumas
Keyword(s):  
Intellectual Property ◽  
Normative Theory ◽  
Free Access ◽  
Property Law ◽  
Wealth Creation ◽  
Intellectual Property Law ◽  
Positive Effects ◽  
Production And Distribution ◽  
Intellectual Production ◽  
Intellectual Commons

At the cutting edge of contemporary wealth creation people form self-governed communities of collaborative innovation in conditions of relative equipotency and produce resources with free access to all. The emergent intellectual commons have the potential to commonify intellectual production and distribution, unleash human creativity through collaboration and democratise innovation with wider positive effects for our societies. Contemporary intellectual property laws fail to address this potential. We are, therefore, in pressing need of an institutional alternative beyond the inherent limitations of intellectual property law. This book offers an overall analysis of the moral significance of the intellectual commons and outlines appropriate modes for their regulation. Its principal thesis is that our legal systems are in need of an independent body of law for the protection and promotion of the intellectual commons, in parallel to intellectual property law. In this context, the author of the book proposes the reconstruction of the doctrine of the public domain and the exceptions and limitations of exclusive intellectual property rights into an intellectual commons law, which will underpin a vibrant non-commercial zone of creativity and innovation in intellectual production, distribution and consumption alongside commodity markets enabled by intellectual property law.

CRIMINALISING COPYRIGHT: A STORY OF PUBLISHERS, PIRATES AND PIECES OF EIGHT

2007 ◽  
Vol 66 (3) ◽  
pp. 625-656 ◽  
Author(s):  
Isabella Alexander
Keyword(s):  
Intellectual Property ◽  
Digital Technology ◽  
Film Industry ◽  
Copyright Law ◽  
The Internet ◽  
Property Law ◽  
Intellectual Property Law ◽  
Digital World ◽  
Fit For Purpose ◽  
One Year

On 6 December 2006, the Gowers Review of Intellectual Property unveiled its much-anticipated report investigating whether intellectual property law was still “fit for purpose in an era of globalisation, digitisation and increasing economic specialisation”. The Review, which had one year in which to cover the entire field of intellectual property law, concluded that there was no need for radical overhaul of the system. However, it did make a number of recommendations for reform and one area it considered to be particularly important was strengthening enforcement of IP rights. In recent years, concerns about the inadequate enforcement of intellectual property laws have focused mainly on copyright law and the entertainment industries. More specifically, they have centred on the opportunities for copyright infringement offered by digital technology and the internet. The music industry was the first to find itself out of its depth in the brave new digital world, and the film industry quickly followed. “Piracy”, we are told, is now rife and must be fought at every opportunity.

Property and the Exhaustion Principle

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.

Intellectual Property Law

2018 ◽  
Author(s):  
Lionel Bently ◽  
Brad Sherman ◽  
Dev Gangjee ◽  
Phillip Johnson
Keyword(s):  
Intellectual Property ◽  
Private Information ◽  
Legal Regulation ◽  
Trade Mark ◽  
Patent Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Public ◽  
Wide Range ◽  
Trade Mark Law

Intellectual Property Law provides a detailed analysis of intellectual property law with reference to a wide range of academic opinion, giving a broad context for exploring the key principles of the subject. In this fifth edition, the introduction has been updated to take account of Brexit. Important developments covered include the introduction of a doctrine of equivalents into UK patent law, the reforms of EU trade mark law (particularly with respect to ‘representation’ of marks, and the ‘functionality exclusions’), and the development of the concept of ‘communication to the public’ by the CJEU. The book covers a number of areas of intellectual property law including copyright, patents, the legal regulation of designs, trade marks and passing off, confidential information, and litigation and remedies. The volume includes a new chapter on the tort of misuse of private information.

Intellectual Property Law:

2017 ◽  
Author(s):  
Tanya Aplin ◽  
Jennifer Davis
Keyword(s):  
Intellectual Property ◽  
New Technologies ◽  
Policy Implications ◽  
The Internet ◽  
Property Law ◽  
Postgraduate Students ◽  
Trade Marks ◽  
Intellectual Property Law ◽  
Ip Law ◽  
The Impact

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. Intellectual Property Law: Text, Cases, and Materials provides a complete resource for undergraduate and postgraduate students of intellectual property (IP) law. The first text of its kind in the field, it combines extracts from major cases and secondary materials with critical commentary from experienced teachers in the field. The book deals with all areas of IP law in the UK: copyright, trade marks and passing off, personality and publicity rights, character merchandising, confidential information and privacy, industrial designs, patent, procedure, and enforcement. It also tackles topical areas, such as the application of IP law to new technologies and the impact of the internet on trade marks and copyright. All chapters now include relevant legal developments relating to the internet and digital technologies. While the focus of the book is on IP law in a domestic context, it provides international, EU, and comparative law perspectives on major issues, and also addresses the wider policy implications of legislative and judicial developments in the area. The book is an ideal resource for all students of IP law who need cases, materials, and commentary in a single volume.

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