Cyberspace and Intellectual Property Rights

A. Rahmatian, (2015) ‘Cyberspace and intellectual property rights’, in: Tsagourias, N. T. and Buchan, R. (eds.) Research Handbook on International Law and Cyberspace (Cheltenham: Edward Elgar), 2015, pp. 72-93 (chapter 4)

25 Pages Posted: 27 Mar 2016

See all articles by Andreas Rahmatian

Andreas Rahmatian

University of Glasgow - School of Law

Date Written: June 15, 2015

Abstract

The cyberspace cannot be regarded as being fragmented into national jurisdictions, because the cyberspace necessarily operates world-wide. In contrast, intellectual property rights are still territorial in nature: that can be studied in relation to copyright protection in general and of computer software in particular, in relation to patent protection of computer-implemented inventions, and, to a lesser extent, with regard to trade mark/domain name protection. However, intellectual property protection has been standardised by international conventions, especially the TRIPS Agreement. This standardisation has also loosened the territoriality principle which governs intellectual property rights. An international convention for the regulation of the cyberspace would have to address the problem of territoriality of intellectual property rights and perhaps consider the establishment of an international organisation for the monitoring and policing of such a convention.

Keywords: Intellectual Property, Cyberspace, International Law

JEL Classification: K10, K11, K29, K42

Suggested Citation

Rahmatian, Andreas, Cyberspace and Intellectual Property Rights (June 15, 2015). A. Rahmatian, (2015) ‘Cyberspace and intellectual property rights’, in: Tsagourias, N. T. and Buchan, R. (eds.) Research Handbook on International Law and Cyberspace (Cheltenham: Edward Elgar), 2015, pp. 72-93 (chapter 4), Available at SSRN: https://ssrn.com/abstract=2755011

Andreas Rahmatian (Contact Author)

University of Glasgow - School of Law ( email )

School of Law, Stair Building
5-8 The Square
Glasgow, G12 8QQ
United Kingdom

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