The Regulation of International Intellectual Property Rights and the Internet: Enforceability at the National Level in the Case of the United Arab Emirates By Course Institution Date Abstract The Internet provides a unique opportunity for the holders of intellectual property rights to publish and sell or rent their material…
In order to accomplish this fair balance, especially with the Internet as a tool that can facilitate both objectives, the international framework attempts to foster harmony among national laws for the protection and enforcement of intellectual property rights. This research study examines the international framework for intellectual property rights protection and how those laws are reflected in national framework by reference to the UAE. Table of Contents Abstract 2 Introduction 4 The International Regulation of Intellectual Property Rights 5 The Berne Convention 6 The Paris Convention 8 Trade Related Aspects of Intellectual Property Rights (TRIPS) 11 WIPO Copyright Treaty 14 Intellectual Property Rights Protection and the Internet in the UAE 17 Analysis and Conclusion 19 Bibliography 22 Introduction Intellectual property is described as assets created via invention, innovation or hard work with a right of the author to forbid use of these assets as prescribed by law. Thus intellectual property rights are formalised methods through which proprietary interests in “intellectual assets” are established (Maskus, 1998, p. 187). ...
In addition, companies that develop software for use via the Internet are at a substantial risk of having this software copied by their competitors (Thurow, 1997). National legislation and judiciaries confront new challenges in protecting intellectual property rights within the realm of the Internet especially because of its global “reach” and “relatively unregulated growth” (Salbu, 1998, p. 434). The main problem for the holder of intellectual property rights is establishing jurisdiction over a party who infringes intellectual property rights via the Internet. When an infringer operates away from the jurisdiction in which the intellectual property rights are registered, the holder of those rights will usually have to cover the cost of litigating in a foreign venue (Rieder & Pappas, 1998). International intellectual property rights regulations are intended to establish harmony among nations in terms of minimum standards of protection and for the purpose of regulating questions relating to jurisdiction. The two main international regimes are the World Intellectual Property Organization (WIPO) which host several multinational agreements and the Trade Related Aspects of Intellectual Property Rights (TRIPS) under the auspices of the World Trade Organization (WTO) (Drahoa, 2005). The question for consideration however, is whether or not international conventions on intellectual property rights protection are sufficient for dealing with the complex issues associated with infringement via the Internet. For example, the United Arab Emirates is a party to both WIPO Convention and TRIPS and earlier international Conventions, and yet its national legislation which is bound by the international ...
Cite this document
(“Intellectual property Essay Example | Topics and Well Written Essays - 5000 words”, n.d.)
Retrieved from https://studentshare.net/law/106971-intellectual-property
(Intellectual Property Essay Example | Topics and Well Written Essays - 5000 Words)
“Intellectual Property Essay Example | Topics and Well Written Essays - 5000 Words”, n.d. https://studentshare.net/law/106971-intellectual-property.
A creative piece of work (i.e. music, art, writing, film, or computer software) always belongs to its creator. Additionally, these creative works, ideas, expressions and inventions are very precious for their inventors and must be protected however these ideas or thoughts are not known as intellectual property.
Digital technology developers make peer-to-peer networks,which enable people to obtain the same works without paying.Acquiring the works with this method is similar to stealing,as per copyright law,hence it is must to reaffirm,and even extend,copyright law to criminalise the use of networkers who copy others’ work.
Intellectual property is an idea, emotion, or any asset that an employee creates for his or her company. An intellectual property does not belong to the person who invents it; rather it actually belongs to the company for which that person creates that property.
Copyright, trademark, and patent are the three most recognized forms of intellectual property (Schwabach 55-60). Since the invention of internet, communication between individuals improved through the cyber space. This step improved the mode of doing things, but it created an avenue for people to misuse the intellectual property that led to the introduction and implementation of cyber law to regulate and govern these activities (Kumar 111).
Name Instructor Course Date Lew, Julian D.M. Final Report on Intellectual Property Disputes and Arbitration. The ICC International Court of Arbitration Bulletin, Vol.9, No.1, 2012, July, pp. 37-95 Intellectual Property Intellectual property rights have increasingly been a thing of debate considering the fact that many people are embracing technology to come up with new developments in the society.
For many people intellectual property is something ephemeral, the thing they cannot see and touch, thus they have problems getting the notion that it needs protection as much as the material goods do.
Intellectual property is one of the key notions in the agency of most of the companies working in the technology area.
Examples of industries that may require intellectual property protection include: Writers, film making, artists, musicians, pharmaceutical, computer software designing, web developers, telecommunications and so on. A company may sue another company working
Copyright Law patented in the UK from a common law concept; the statute of Anne, and turned out to be legislative with the passing of the Copyright Act of 1988 (Litman, 2001). However, the current right is the Copyright, Designs, and patent Act of