A Study on Justification of Intellectual Property in the Digital Era - based on the Discussion relating to Legal History, Economics and Philosophy -

2018 ◽  
Vol 55 ◽  
pp. 1-63
Author(s):  
Jiyoung Han ◽  
Keyword(s):  
Intellectual Property ◽  
Legal History ◽  
Digital Era

A Welcome Conversation: Toward a New Historiography of Intellectual Property

2018 ◽  
Vol 43 (03) ◽  
pp. 1113-1129
Author(s):  
Kali Murray
Keyword(s):  
Intellectual Property ◽  
Legal History ◽  
Social Practices ◽  
The Body ◽  
Property Law ◽  
Legal Concept ◽  
Narrative Structures ◽  
History Of ◽  
The Relationship ◽  
Insight Into

This essay considers what tools should be used to study the legal history of intellectual property. I identify three historiographical strategies: narration, contest, and formation. Narration identifies the diverse “narrative structures” that shape the field of intellectual property history. Contest highlights how the inherent instability of intellectual property as a legal concept prompts recurrent debates over its meaning. Formation recognizes how intellectual property historians can offer insight into broader legal history debates over how to consider the relationship between informal social practices and formalized legal mechanisms. I consider Kara W. Swanson's Banking on the Body: The Market in Blood, Milk and Sperm in Modern America (2014) in light of these historiographical strategies and conclude that Swanson's book guides us to a new conversation in the legal history of intellectual property law.

Domesticating Foreign Intellectual Property Laws in the Digital Age

2018 ◽  
pp. 125-142
Author(s):  
Suzi Mirgani
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
World Trade ◽  
International Markets ◽  
Economic Framework ◽  
Digital Era ◽  
Industrialized Nations ◽  
The Face ◽  
Knowledge Economies ◽  
The Many

This chapter examines some of the challenges faced by GCC nations as they attempt to modernize their economies in the digital era and in the face of substantial technological transformations. In order to fit within repositioned international markets geared towards knowledge economies, GCC states need to abide by the many rules and regulations in the area of intellectual property protection that have been developed and dictated by the World Trade Organization and the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). Interestingly, even as Gulf governments introduce externally imposed legal systems, they attempt to “domesticate” foreign intellectual property laws to gain a competitive advantage by investing in the production of locally-produced content and promoting niche areas of intellectual property, including the protection of traditional knowledge rights. This is an area generally neglected by industrialized nations that tend to promote the concept of “innovation” rather than promoting and protecting collective knowledge. GCC states are attempting to use intellectual property laws to their own advantage with an emphasis on digital archiving and protection of traditional knowledge, heritage, and folklore. By promoting and protecting locally-produced content, GCC states can aspire to the globalized international economic framework as envisioned by the WTO.

scholarly journals Protecting students' intellectual property in the web plagiarism detection process

2012 ◽  
Vol 13 (5) ◽  
pp. 1 ◽  
Author(s):  
Sergey Butakov ◽  
Vadim Dyagilev ◽  
Alexander Tskhay
Keyword(s):  
Intellectual Property ◽  
Party System ◽  
Third Party ◽  
Limited Information ◽  
Plagiarism Detection ◽  
The Third ◽  
Digital Era ◽  
The Third Party ◽  
The University ◽  
Plagiarism Detection Services

<p class="AbstractText">Learning management systems (LMS) play a central role in communications in online and distance education. In the digital era, with all the information now accessible at students’ fingertips, plagiarism detection services (PDS) have become a must-have part of LMS. Such integration provides a seamless experience for users, allowing PDS to check submitted digital artifacts without any noticeable effort by either professor or student. In most such systems, to compare a submitted work with possible sources on the Internet, the university transfers the student’s submission to a third-party service. Such an approach is often criticized by students, who regard this process as a violation of copyright law. To address this issue, this paper outlines an improved approach for PDS development that should allow universities to avoid such criticism. The major proposed alteration of the mainstream architecture is to move document preprocessing and search result clarification from the third-party system back to the university system. The proposed architecture changes would allow schools to submit only limited information to the third party and avoid criticism about intellectual property violation. <br /><br /></p>

Intellectual Property Rights and Social Media

2015 ◽  
pp. 88-98
Author(s):  
Hatem Bugshan
Keyword(s):  
Social Media ◽  
Intellectual Property ◽  
Property Rights ◽  
Web 2.0 ◽  
Intellectual Property Rights ◽  
Digital Content ◽  
Learning Needs ◽  
Digital Era ◽  
E Learning ◽  
The Uk

Issues related to intellectual property rights in the Web 2.0 environment are rarely discussed. This chapter investigates the issues surrounding copyright in the digital era, which the market is increasingly using social media. The chapter describes the legal risks confronting people on using content in the digital era and examines the issues in this area. Valuable discussion will be generated for all users of digital content. The chapter investigates copyrights in the digital era through a case study, gathering data through interviews conducted in the UK. Research findings show lack of knowledge and instruction in the use of digital content and information produced through social media is the main reason for emerging conflict in this area. Knowledge about IPRs, and specifically copyrights in e-learning, needs to be provided for people. One of the issues that must be addressed by the use of Web 2.0 to learners is a full explanation of copyright laws. This will prevent content generated in this environment from infringing copyright.

scholarly journals Misappropriation of Indigenous Cultural Heritage – Intellectual Property Rights in the Digital Era

2020 ◽  
pp. 119-150
Author(s):  
Karolina Prażmowska
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
New Technologies ◽  
Educational Institutions ◽  
Intangible Heritage ◽  
Digital Era ◽  
Appropriate Treatment ◽  
Traditional Cultural Expressions ◽  
The Impact ◽  
The Relationship

The digitization of cultural heritage has become a common practice among cultural and educational institutions. The Internet and the widespread of new technologies have made the heritage more accessible and facilitates cultural exchange. However, digitization both raises challenges and creates opportunities for the sustainable and appropriate treatment of Indigenous digital cultural heritage collections, as the use of new technologies may render such heritage more vulnerable to misappropriation and misuse. It is therefore vital to investigate the possibilities of Intellectual Property tools to protect, preserve, and promote such heritage. This article addresses the following questions with respect the Indigenous heritage: What is the nature of the relationship between IP protection and the safeguarding of intangible heritage?; What are the consequences of misappropriation and misuse of traditional cultural expressions for Indigenous Peoples?; and What is the impact of digitization on Indigenous cultural heritage?

University Education and Intellectual Property in the Digital Era

2010 ◽  
Vol 1 (4) ◽  
pp. 19-26
Author(s):  
John Kiggundu
Keyword(s):  
Intellectual Property ◽  
National Level ◽  
University Education ◽  
Property Law ◽  
Digital Information ◽  
Intellectual Property Law ◽  
Core Business ◽  
University Of Botswana ◽  
Digital Era ◽  
The University

The national level of Intellectual Property Law covers national legislation and policy as well as common law, while at the international level it covers international treaties and conventions to which Botswana is a signatory. The Mission of the University of Botswana is to advance the intellectual and human resource capacity of the nation and the international community. In this regard, the goal of this paper is that the University plays a central role in the development of intellectual property law and policy and in the protection of intellectual property at the University and the nation at large. The University must articulate its position on intellectual property issues so as to influence national policy and legislation as well as international developments in intellectual property in the digital era. The area that greatly affects the University of Botswana in its core business is copyright. Accordingly, this paper focuses mainly on issues arising in copyright especially in the digital era and how they affect the University’s core business. The paper covers the duration of copyright, licensing agreements, the cost of digital information, the preservation of digital information, distance learning, the protection of indigenous knowledge systems, and the development of intellectual property education.

University Education and Intellectual Property in the Digital Era

2012 ◽  
pp. 83-90
Author(s):  
John Kiggundu
Keyword(s):  
Intellectual Property ◽  
National Level ◽  
University Education ◽  
Property Law ◽  
Digital Information ◽  
Intellectual Property Law ◽  
Core Business ◽  
University Of Botswana ◽  
Digital Era ◽  
The University

The national level of Intellectual Property Law covers national legislation and policy as well as common law, while at the international level it covers international treaties and conventions to which Botswana is a signatory. The Mission of the University of Botswana is to advance the intellectual and human resource capacity of the nation and the international community. In this regard, the goal of this paper is that the University plays a central role in the development of intellectual property law and policy and in the protection of intellectual property at the University and the nation at large. The University must articulate its position on intellectual property issues so as to influence national policy and legislation as well as international developments in intellectual property in the digital era. The area that greatly affects the University of Botswana in its core business is copyright. Accordingly, this paper focuses mainly on issues arising in copyright especially in the digital era and how they affect the University’s core business. The paper covers the duration of copyright, licensing agreements, the cost of digital information, the preservation of digital information, distance learning, the protection of indigenous knowledge systems, and the development of intellectual property education.

scholarly journals What's in a copy?

2013 ◽  
Vol 10 (1) ◽  
pp. 20-39 ◽  
Author(s):  
Gustavo Lins Ribeiro
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Knowledge Society ◽  
Social Practices ◽  
Pedagogical Practices ◽  
Digital Era ◽  
Cultural Life ◽  
The Many

I will answer the question "What's in a copy?" by considering three sets of related issues: the importance of copies in academia; in cultural life; and in the economic world. In academia the current capability of making copies is challenging pedagogical practices and the trust of its members, plagiarism being the most immediate problem. The notion of authorship is also undergoing changes provoked by a proliferation of authors and new possibilities opened up by cyberspace. In cultural life, imitation and mimesis have long been fundamental engines of socialization. Our enhanced capacity of copying problematizes, with new intensity, the relationships between homogeneity and heterogeneity, between the genuine and the spurious. In the economic world, the digital era is threatening some of the fundamental tenets of capitalism, especially of its variant called the "knowledge society", regarding the control of intellectual property rights. The gap between normativity and social practices is widening. The many dilemmas and tensions identified in the text are understood as symptoms of two major characteristics of the current times: hyperfetishism and hyperanimism.

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