Intellectual Property and Its Protection in Cyberspace
The IUP Journal of Intellectual Property Rights, Vol. 9, Nos. 1 & 2, pp. 7-41, February & May 2010
Posted: 12 May 2010
Date Written: May 10, 2010
The advent of Information Technology (IT) and computers have created a new world in the cyberspace giving rise to various legal challenges and at times solutions. Intellectual Properties (IP) such as copyrights, trademarks, designs, layout and circuit designs in the current digital environment, are interwoven with the electronic technology. The changed environment demands more affirmative protective laws to guard new inventions and creations and also to save the real owners from economic losses. The protection of digital content under the Copyright Act against intended and unintended infringements and violations, is a burning issue today. Various theories such as no-faulty liability, contributory liability, and safe harbor theory are being applied to protect Intellectual Property Rights (IPR) in the digital media. The Madrid Protocol and ICANN guidelines are also exploring the possibilities of protecting trademarks and domain names. This paper explicates various issues associated with the protection of IP in the digital or electronic media.
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