Introduction to E-Commerce Law
Module 4 - Intellectual Property Ecommerce Aspects
- Intellectual Property Review – E-Commerce Aspects
- Patents
- Trademarks
- Copyright
NARRATIVE
ASSIGNMENTS
SUPPLEMENTAL DOCUMENTS
PUBLICATIONS
IBLS ARTICLES
NARRATIVE
The development of the Internet brings many benefits, but it also makes it easier for copyright infringers to pursue their activities. Intellectual property offences (e.g. violation of copyrights, circumvention of technological measures designed to protect these rights) constitute a threat to industry investment and assets, and to confidence in the information society.
The protection of intellectual property includes industrial property whether in the form of a company’s patented technology, its trademark identity or its copyrighted publications.
Patent protection is an international problem that can best be understood by observing the worldwide interest in promulgating regulations that promote the registration of patents and litigation or arbitration of rights.
The European Patent Office reports that there are more than four million patents in force in the world today, and every year applications are filed for a further 700,000 inventions. Patent protection is sought in an average of nine countries per invention.
Trademark regulation came into existence when business entities could not agree on a method of keeping off each other’s turf. Those who might already be familiar with the U.S. Patent Trademark Office should also be aware of the trademark activities of the Office for Harmonization in the Internal Market of the European Union (OHIM), which performs the tasks of registering Community Trade Marks and Community Designs. The interplay between the European Council and the European Commission regulations will be highlighted.
The subject of Trademark regulation on the Internet is most frequently showing up as domain name disputes. The international registration and arbitration of disputes will also be covered.
Copyright protection in the electronic marketplace has become a major problem, not only with increasing use if file sharing software, but also with the cloning of entire publications to webpages that have no relationship with the originator of the intellectual property.
The language of the law frequently enough involves mastering a set of terms and abbreviations. Below is a list of terms and abbreviations for laws and international conventions that will covered when you read the summaries at the International Business Law Services database.
- CTMR – Community Trade Mark Regulations (EU)
- Cybersquatting
- DNS – Domain Name Systems
- Domain Name Registration
- EPO – European Patent Office
- ICANN – Internet Corporation for Assigned Names and Numbers
- IP – Intent Protocol Addresses
- OHIM – Office for Harmonization in the Internal Market (EU)
- UDRP – Uniform Domain Name Dispute Resolution Policy
- WIPO – World Intellectual Property Organization
ASSIGNMENTS
Discussion Board
SUPPLEMENTAL DOCUMENTS
PUBLICATIONS
- The Invalidity of ICANN’s UDPR Under National Law. Minnesota Intellectual Property Review Volume 3 Number 1 2002
- Primer on Electronic Commerce and Intellectual Property Issues. World Intellectual Property Organization, May 2000
IBLS ARTICLES
- [345] - FEDERAL COURT RULES THAT COOLSAVINGS.COM SHOULD NOT HAVE BEEN AWARDED SUMMARY JUDGMENT IN PATENT INFRINGEMENT CASE
- [342] - ADOBE AND MACROMEDIA ENTER A PATENT WAR OVER NEW TECHNOLOGY IN AN EFFORT TO MONOPOLIZE THE WEB DESIGN MARKET
- [341] - PAY PAL SUED FOR PATENT INFRINGEMENT
- [340] - XEROX WINS PATENT INFRINGEMENT CASE AGAINST PALM AND 3COM
- [338] - ICANN FACES HARSH CRITICISM AS IT DECIDES TO MAKE REFORMS
- [328] - WORLD INTELLECTUAL PROPERTY ORGANIZATION PERFORMANCES AND PHONOGRAMS TREATY
- [325] - WORLD INTELLECTUAL PROPERTY ORGANIZATION COPYRIGHT TREATY
- [324] - WORLD INTELLECTUAL PROPERTY ORGANIZATION – AN OVERVIEW OF SERVICES OFFERED IN RELATION TO THE INTERNET
- [323] - COUNCIL FOR TRADE IN SERVICES, WORLD TRADE ORGANIZATION WORK PROGRAMME ON ELECTRONIC COMMERCE
- [308] - COUNCIL FOR TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS, WORLD TRADE ORGANIZATION WORK PROGRAMME ON ELECTRONIC COMMERCE
- [278] - JUDICIAL INTERPRETATION ON COMPUTER NETWORK COPYRIGHT ISSUES IN THE PEOPLE’S REPUBLIC OF CHINA
- [266] - ELECTRONIC COMMERCE IN THE EUROPEAN UNION: INTELLECTUAL PROPERTY RIGHTS
- [186] - DIGITIZING LIBRARIES IN MEXICO TO BE PUBLISHED ON THE INTERNET; A COPYRIGHT INFRINGEMENT ISSUE.
- [175] - MULTI-NATIONAL TRADEMARK REGULATION
- [81] - COPYRIGHT PERIOD PROTECTION
- [80] - COPYRIGHT DERIVATIVE WORKS
- [77] - COPYRIGHT: FAIR USE
- [76] - COPYRIGHT INFRINGEMENT – U.S.
- [75] - COPYRIGHT - U.S.
- [1858] - TRADEMARK REGISTRATION UNDER U.S. LAW
- [1857] - THE REGULATION OF “SPAMMING” UNDER U.S. LAW
- [1851] - PATENTS AND SOFTWARE PROTECTION UNDER EU LAW
- [1850] - THE YAHOO! CASE: SALE OF NAZI MEMORABILIA IN FRANCE ON YAHOO! AUCTION WEBSITE
- [1848] - THE LICENSING OF BUSINESS METHOD PATENTS FOR INTERNET USE
- [1847] - TRANSFERRING PERSONAL DATA FROM THE EUROPEAN UNION