Intellectual property - Essay Example

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The Regulation of International Intellectual Property Rights and the Internet: Enforceability at the National Level in the Case of the United Arab Emirates By Course Institution Date Abstract The Internet provides a unique opportunity for the holders of intellectual property rights to publish and sell or rent their material…
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Download file to see previous pages In order to accomplish this fair balance, especially with the Internet as a tool that can facilitate both objectives, the international framework attempts to foster harmony among national laws for the protection and enforcement of intellectual property rights. This research study examines the international framework for intellectual property rights protection and how those laws are reflected in national framework by reference to the UAE. Table of Contents Abstract 2 Introduction 4 The International Regulation of Intellectual Property Rights 5 The Berne Convention 6 The Paris Convention 8 Trade Related Aspects of Intellectual Property Rights (TRIPS) 11 WIPO Copyright Treaty 14 Intellectual Property Rights Protection and the Internet in the UAE 17 Analysis and Conclusion 19 Bibliography 22 Introduction Intellectual property is described as assets created via invention, innovation or hard work with a right of the author to forbid use of these assets as prescribed by law. Thus intellectual property rights are formalised methods through which proprietary interests in “intellectual assets” are established (Maskus, 1998, p. 187). ...
In addition, companies that develop software for use via the Internet are at a substantial risk of having this software copied by their competitors (Thurow, 1997). National legislation and judiciaries confront new challenges in protecting intellectual property rights within the realm of the Internet especially because of its global “reach” and “relatively unregulated growth” (Salbu, 1998, p. 434). The main problem for the holder of intellectual property rights is establishing jurisdiction over a party who infringes intellectual property rights via the Internet. When an infringer operates away from the jurisdiction in which the intellectual property rights are registered, the holder of those rights will usually have to cover the cost of litigating in a foreign venue (Rieder & Pappas, 1998). International intellectual property rights regulations are intended to establish harmony among nations in terms of minimum standards of protection and for the purpose of regulating questions relating to jurisdiction. The two main international regimes are the World Intellectual Property Organization (WIPO) which host several multinational agreements and the Trade Related Aspects of Intellectual Property Rights (TRIPS) under the auspices of the World Trade Organization (WTO) (Drahoa, 2005). The question for consideration however, is whether or not international conventions on intellectual property rights protection are sufficient for dealing with the complex issues associated with infringement via the Internet. For example, the United Arab Emirates is a party to both WIPO Convention and TRIPS and earlier international Conventions, and yet its national legislation which is bound by the international ...Download file to see next pagesRead More
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