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
Date Written: June 15, 2015
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: Suggested Citation