Sociology Index

Intellectual Property and the Internet

Internet Law CyberLaw

Intellectual Property related to Internet, e-commerce and digital enterprise found on the Internet. WIPO website for SME provides a useful reference source for the relationship between IP, Internet and electronic commerce. We can find useful information on how a firm should audit its IP assets relevant to e-commerce, how to protect its IP when designing a website, issues related to Internet domain names and distribution of content on the Internet, the patent issues in e-commerce, IP concerns related to e-commerce international transactions.

Simensky et al. (1999). It contains 62 chapters (too many to review here). The first part presents the role of IP in on-line commerce. The second treats accounting, finance and valuation. The third part deals with protection of IP, followed by the commercial exploitation of IP. The last 33 chapters cover the international aspects of the securitization of IP in so many countries (Boer, 1999). Web “crash course” provided by the University of Texas (2003).

The “digital professor” website created by Professor Michael Rappa provides course material on managing the digital enterprise that includes several sections and references on IP-related issues (Digital professor, 2003).

The report by the Committee on Intellectual Property Rights and the Emerging Information Infrastructure of the National Research Council, The Digital Dilemma, Intellectual Property in the Information Age (2000) recognized that given the multitude of possible IP business models, legal mechanisms and technical protection services, a one-size-fits-all solution to the dilemma would be too rigid.

E-Commerce often involves selling products and services that are based on IP and its licensing. Music, pictures, photos, software, designs, training modules, systems, etc. can all be traded through E-Commerce, in which case, IP is the main component of value in the transaction. IP is important because the things of value that are traded on the Internet must be protected, using technological security systems and IP laws, or else they can be stolen or pirated and whole businesses can be destroyed.

IP makes E-Commerce work. The systems that allow the Internet to function - software, networks, designs, chips, routers and switches, the user interface, and so on - are forms of IP and often protected by IP rights. Trademarks are an essential part of E-Commerce business, as branding, customer recognition and good will, essential elements of Web-based business, are protected by trademarks and unfair competition law.

E-Commerce businesses and Internet related businesses are based on product or patent licensing. This is because so many different technologies are required to create a product that companies often outsource the development of some component of products, or share technologies through licensing arrangements. If every company had to develop and produce all technological aspects of every product independently, development of high technology products would be impossible. The economics of E-Commerce depends on companies working together to share, through licensing, the opportunities and risks of business. Many of these companies are SMEs.

E-Commerce based businesses usually hold a great deal of their value in IP; so the valuation of your E-Commerce business will be affected by whether you have protected your IP. Many E-Commerce companies, like other technology companies, have patent portfolios and trademarks that enhance the value of their business.

Internet Jurisdiction and Choice of Law: Legal Practices in the EU, US and China by Faye Fangfei Wang.

The Cyber Citizen's Guide Through the Legal Jungle: Internet Law for Your Professional Online Presence by Joy R. Butler.

Understanding Trademark and Copyright Developments for Online Content: Leading Lawyers on Understanding New Technology Challenges, Obtaining IP Protection ... Internet Infringement (Inside the Minds).

Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China (Routledge Research in Information Technology and E-Commerce Law) by Faye Fangfei Wang.

Research Guide to Chinese Trademark Law and Practice by Robert Haibin Hu.

Enforcing Intellectual Property Rights by Jane Lambert.

International IP Issues and Strategies: Leading Lawyers on Managing Intellectual Property Protection and Enforcement Efforts across Multiple Jurisdictions (Inside the Minds) by Aspatore Books Staff.

Trademark Protection and Enforcement: Leading Lawyers on Evaluating Options for the Client, Strategically Registering a Mark, and Resolving Disputes (Inside the Minds) by Aspatore Books Staff.

Collection of Wipo Domain Name Panel Decisions Eun-Joo Min, Mathias Lilleengen (Editors)

Domain Name Disputes by Robert A. Badgley

Understanding Trademark and Copyright Developments for Online Content: Leading Lawyers on Understanding New Technology Challenges, Obtaining IP Protection ... Internet Infringement (Inside the Minds) by Multiple Authors

Brand Name Bullies: The Quest to Own and Control Culture by David Bollier

Online Dispute Resolution For Business: B2B, ECommerce, Consumer, Employment, Insurance, and other Commercial Conflicts by Colin Rule

Online Dispute Resolution: Resolving Conflicts in Cyberspace
by Ethan Katsh, Janet Rifkin

Dispute Resolution In Electronic Commerce (Studies and Materials on the Settlement of International Disputes) (Studies and Materials on the Settlement of International Disputes)  by Yun Zhao

Defending the Brand: Aggressive Strategies for Protecting Your Brand in the Online Arena by Brian H. Murray
Martin Payne, Pool Magazine

Mediation Practice Book: Critical Tools, Techniques and Forms Harry N. Mazadoorian.