Digital Tools of Intellectual Property Enforcement: Their Intended and Unintended Norm Setting Consequences
Research Handbook on Intellectual Property and Digital Technologies, January 2020 (edited by Tanya Aplin).
38 Pages Posted: 27 Jul 2020
Date Written: January 1, 2020
The focus of this chapter is the analysis of a selection of contemporary technical tools employed to combat digital intellectual property infringements, notably blockchain, social media tools, blacklisting and whitelisting, follow-the-money tools, domain name tools, search engine deindexing, hack back and active defences, and various notice actions. This chapter will also touch upon novel digital spheres posing challenges for intellectual property enforcement, such as augmented and virtual reality, and identify where potential exists for the use of technical tools and voluntary collaboration. The legal consequences of these tools will be analysed through the lens of online counterfeiting and piracy. The conclusion reached lies in the recognition that norm setting through the use of these technical tools is already de facto and de lege lata, underscoring the need to develop new principles surrounding digital due process.
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