This Research Handbook provides a scholarly and comprehensive account of the multiple converging challenges that digital technologies present for intellectual property (IP) rights, from the perspectives of international, EU and US law. Despite the fast-moving nature of digital technology, this Handbook provides profound reflections on the underlying normative legal dilemmas, identifying future problems and suggesting how digital IP issues should be dealt with in the future. Written by leading international academics, commentators and practitioners, the Handbook is organised into clear thematic parts that address the most prominent types of IP rights: copyrights and related rights; patents and trade secrets; and trade mark law and designs. Chapters analyse a range of key technologies and their impacts within these areas, including big data, artificial intelligence, streaming, software, databases, user-generated content, mass digitisation, metatags, keywords and 3D printing. The Handbook concludes by exploring issues of competition and enforcement that cut across all of these technologies, particularly in the light of online exploitation and infringement. Scholars and doctoral students of law will find this Handbook an invaluable introduction and guide to the field of digital IP. Practitioners will also find its thoughtful coverage practically relevant. Provided by publisher.
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Includes index.
Formatted Contents Note
Preface Part I: Copyright and related rights 1. Software and graphical user interfaces / Noam Shemtov 2. Copyright in software: functionality / Richard Arnold 3. Copyright and gaming / Yin Harn Lee 4. Databases and copyright protection / Mark Davison 5. Database producer protection: between rights and liabilities / Tatiana Eleni Synodinou 6. Big data and data appropriation in the EU / Alain Strowel 7. User generated content: towards a new use privilege in EU copyright law / Martin Senftleben 8. User generated content and its authors / Marta Iljadica 9. Mass digitization in the ebook market: copyright protections and exceptions / Jacqueline Lipton 10. Ebooks and mass digitization projects: the role of licensing / Eleonora Rosati 11. Copyright liability for hyperlinking / Jane Ginsburg and Alain Strowel 12. Video streaming and the communication to the public right in the United States and European Union / Makeen Fouad Makeen Part II: Patents and trade secrets 13. Software-related inventions / Matthew Fisher 14. The prejudice against patenting business methods / Trevor Cook 15. Artificial intelligence, big data and intellectual property: protecting computer generated works in the United Kingdom / Ryan Abbott 16. Extraterritoriality and digital patent infringement / Timothy R. Holbrook 17. Out of thin air: trade secrets, cybersecurity and the wrongful acquisition tort / Sharon K. Sandeen Part III: Trade marks, designs and unfair competition 18. Trade mark protection for digital goods / Mark P. McKenna and Lucas S. Osborn 19. The uniform domain name dispute resolution policy (UDRP): not quite arbitration, but satisfying? / Ilhyung Lee 20. Metatags 'using' third party trade marks on the internet / David Llewelyn and Prashant Reddy T. 21. Keyword advertising and actionable consumer confusion / Robert Burrell and Michael Handler 22. Fit for purpose? 3d printing and the implications for design law: opportunities and challenges / Dinusha Mendis Part IV: Competition and enforcement 23. Competition in digital markets / Shubha Ghosh 24. Exhaustion of rights on digital content under EU copyright: positive and normative perspectives / Stavroula Karapapa 25. Enforcement in a digital context: intermediary liability / Ben Allgrove and John Groom 26. Criminal sanctions as a tool against online infringement: national law, international treaties, transnational cooperation / Kimberlee Weatherall 27. Digital tools of intellectual property enforcement: their intended and unintended norm setting consequences / Frederick Mostert Index.