TRADEMARK ISSUES IN CYBER SPACE
The two main areas of intellectual property law which have been greatly affected, if not completely transcended by the advent of the internet age are the law related to copyright and trademarks. As noted by the Bureau of WIPO, the internet has been described as the world’s biggest copy machine . The internet enables one to make instantaneous copies of same quality. Unlike before when the copies were to be faxed or couriered, now the internet allows one to send unlimited copies within a few minutes. Similarly, the creation of domain names, websites, links on the internet raise a host of questions relating to the use of names which are registered trademarks in the traditional environment. In this paper however the main point of focus will be the use of internet and the adverse effects it has on the subject matter of trademarks and the registered users of such marks. Over the last decade, the crime of cybersquatting has risen exponentially. In this day and age of e- commerce the internet serves as a viable platform on which buyers and sellers interact with each other. Hence further highlighting the special role occupied by the internet in regard to being a virtual market which is limitless and reaches its customers irrespective of geographical boundaries. A trademark can be understood to be the ultimate culmination of a tangible form of ‘goodwill’. This is a mark or indication which essentially serves to distinguish the goods of one producers from those of another’s. Trademarks include in its definition any word, name, symbol, configuration, device, shape of goods, packaging, combination of colours which are chosen by a proprietor so as to enhance identification in the eyes of its customers. Trademark...
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...g the trademark of the registrant as a domain name. It however can still be suggested that trademark law has evolved with greater pace and has been considerably responsive to the digital environment as a result of cyber-squatting. The past ten years have seen the Indian judiciary dealing with a vast number of cases concerning domain names of well-known trademarks being registered with the mala fide intention of extorting a high premium from its actual owner. So in summation the Indian law have kept abreast with the international developments, however issues posed by Meta tags, linking, framing and other such action which continue to evolve with the advent of the internet and technology and there must be a conscious attempt to prevent third party infringers from capitalising and mis- utilising registered trademarks as well as domain names registered to them.
Details of copyright law vary between nation countries, however, many nations share a common interest through two international copyright treaty membership agreements, the Berne Convention (which consists of 164 member states) and the Buenos Aires Convention (which is an agreement between North and South American countries,) The treaties, established in order to protect an authors’/creators’ original work from copying - whether it be literary, dramatic, design, musical or artistic.
The aim of this essay is to critically discuss how the law of passing off and trade mark law have common roots and therefore are, in many respects, similar. I will begin with a short brief history of trade mark law and the law of passing off. I move on to discuss the similarity between trade mark law and the law of passing off with reference to relevant case law and statutes. Although, passing off and trade mark law deal with overlapping factual situations, s 2(2) of the Trade Mark Act 1994 maintains passing off as a separate cause of action. When a trade mark is threatened by the actions of third parties the proprietor will bring an action for both passing off and trade mark infringement which both share many similarities. However, they are
Abstract: In 1995 Lance Rose and Esther Dyson wrote articles in Wired Magazine expressing polarized views on the future of copyright law and copyright infringement. This essay reviews those articles, analyzes each article's accuracy as defined by current trends years later.
Over the past decade the world has gotten much smaller due to the electronic communication the Internet has fostered. While this promotes business and international relations, problems arise regarding the protection of individuals’ personal information. Many countries around the world have developed privacy policies and laws protect an individual's information in the realm of electronic communication. Universal enforcement gets complicated because the Internet is not restricted to one country; it’s worldwide. As a result, concerns arise regarding the compatibility of various countries' privacy policies. This paper will discuss the current legislation in place for various major countries1, the existing conflicts between these countries’ policies and the implications these conflicts hold for the protection of privacy on the Internet.
“Copyright is a fundamental right of ownership and protection common to all of the arts” (O’Hara & Beard, 2006, p. 8). “It is a form of intellectual Property (IP)” and it gives the owner exclusive rights to the copyright (O’Hara & Beard, 2006, p. 11).
The Internet. It is a vast network of millions of users, surfing and sharing billions of files, all day, every day. To individuals holding copyrights on intellectual property, this is a frightening proposition. After all, there is virtually no protection for these copyright holders from the misuse of their property. But, as Scott Sullivan, writer for The FBI Law Enforcement Bulletin stated, “as history has proven, technological and societal advances usually come with a price.” The price society is paying for the Internet is a loss of copyright protection by laws for their intellectual material.
Copyright, in its first form, was first introduced in 1710 with a British statute of Anne. Since this time copyright laws have changed to remain current, and have grown into an international agreement by many countries around the globe.
Is important for anyone who has created any intellectual property to protect it. In the music industry, in order for someone to protect their work, they must obtain a copyright. Music has been around before anyone could obtain a copyright and when the invention of the computer came along it made it easier for someone to steal another artist's intellectual property with the help of the internet. This paper will cover what events have taken a big role in copyright protection for artist, the consequences if someone was to break the rules of a copyright which is called copyright infringement, and how will a copyright hold in the future. Were copyrights enacted without the thought of life changing technology, and how can some music companies surpass copyright infringement and make a profit from the artist? Can a copyright really make that much of a difference in the world we know today?
Internet is a free platform where everyone can launch or release whatever they want to that market. With such characteristic of the Internet, the products, services or creations may, in a se...
Piracy is a form of theft. Specifically, it refers to the unauthorized copying or use of intellectual property. Intellectual property is knowledge or expression that is owned by someone. There are three major types of intellectual property: 1) creative works, including music, written material, movies, and software, which are protected by copyright law; 2) inventions, which are protected by patent law; and 3) brand-name products, which are protected by trademarks. Many of the issues surrounding piracy have to do with the difference between intellectual property and physical property. A CD, for example, is a piece of physical property, but the songs on the CD are intellectual property. A customer in a record store can purchase a CD, but someone else still owns, or more precisely, has the copyright to the songs on the CD.
Recently, the Internet has become the most significant technology in all over the world, which is not only used by the people to contact with each other but also utilized by the business organizations to become global (Taylor, Caeti, Loper, Fritsch & Liederbach, 2006). Computer and internet enable the business organizations to execute the Electronic commerce business model, which has become very popular. Computers and Internet are a powerful source in the success of globalization and international business. Computers are being used worldwide and due to this, cyber crimes are increasing continuously with a rapid growth (Cheeseman, 2006).
The consistent use of information and communication technology (ICT) in modern world enables us for countless opportunities for individuals, institutions, business organisations and scientists, but it also raises difficult ethical and legal problems. In particular, ICT helped to make societies more complex and thus even harder to understand. The use of ICT has led to changes in concepts: ownership, buying and selling, right to possession, theft, justice in the distribution of resources and access rights. During the nineties, the internet has grown into all business segments resulting in a large number of questions running. It has been noted that during those time period there has been merging of computers, telecommunications, and media which is further emphasized by the emergence of new issues and strengthening old ones.
It is the act of registering a famous domain name and then selling it for a fortune. This is an issue that has not been tackled in IT act 2000.
The Internet has become a key ingredient of strenuous and busy lifestyle. ‘Internet’ has become the central-hub for communication, explorations, connecting with people or for official purposes. Resultantly, Internet growth has led to a plethora of new developments, such as decreased margins for companies as consumers turn more and more to the internet to buy goods and demand the best prices.
growth in usage by both consumers and businesses. The unique capabilities of the Internet has captured the attention of the marketing community. While a growing number of companies have or are interested in developing an Internet presence, there is still a great deal of uncertainty about it and the potential ethical issues associated with its use as a marketing medium. Although many businesses are acknowledging the importance of a Web site, but the potential ethical issues related to marketing on the Internet still having an uncertainty in this situation. Much less attention has been given to the business community's perceptions of the ethicalness of this new medium. The unique interactivity of the Internet has captured the marketing community's interest as a way to develop and enhance customer relationships and establish greater brand identity. Thus, many commercial services have become available on the Internet that allow consumers and organizations to interact electronically. These services include booking airline tickets online, buying books and compact discs, and receiving stock market information. Although the number of consumer users and commercial organizations navigating on this "information superhighway" is growing almost exponentially, the benefits of the Internet are not without drawbacks.