Intellectual Property Law in Internet by Dr. Tabrez Ahmad [KIIT Law School, KIIT University]

Abstract: The rapid technological changes and the convergence of telecommunication, broadcasting and information technology challenge the existing legal institutions. The delicate balance of rights and obligations of intermediaries of Internet such as copyright owners, domain name holders, consumers, netizens and internet service providers can be upset when trying to keep the legal developments abreast with the technological advances.Software and telecom companies, broadcasting organisations have all found a niche in cyberspace while legislation tries to keep a pace. We are still governing the converging technologies by the traditional Intellectual property legislations. Going by the latest events in the digital world, there are no doubts that the future balance of rights will depend on the current bargains and the judicial decisions about the extension of a central element in contemporary law – the intellectual property legislation.Similarly, the emergence of digital and information technologies towards the concluding decades of the twentieth century as the defining paradigms of new age communication have raised a whole new set of challenges to the Intellectual property regime.As more and more digital products in network environment are emerging efficient management and controlled distribution of such products have become one of the important considerations, as never before. The copyright owners are under a constant threat of loosing control over their products on the information superhighway and are implementing various technological adjuncts to retain control.Differences in rules are beginning to be questioned. Now the regulation is a great challenge before the world because the way legal and regulatory reform is carried out will determine the manner in which convergence affects our daily lives.
http://ssrn.com/abstract=1511183

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