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Research Handbook on Intellectual Property and Digital Technologies
This 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.
More Information
Critical Acclaim
Contributors
Contents
More Information
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.
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.
Critical Acclaim
‘This Research Handbook covers a wide range of digital technologies, from the perspective of the different areas of intellectual property. It certainly achieves its goal to set out the relationships between those technologies and the current law, whilst also identifying future challenges and areas for further research. This book is therefore an essential read for scholars and researchers in the area of digital IP.’
– Hayleigh Bosher, IPKat
‘The Research Handbook provides a useful guide to IP issues arising in relation to a wide range of digital technologies. Given the focus of the book on the law in the European Union and the United States, the volume will be of practical relevance to practitioners, academics and policy makers with interest in the experience of the European Union and the United States in dealing with IP issues arising in relation to digital technologies.’
– Evana Wright, Intellectual Property Forum Journal
‘Digital technologies inevitably live with IP rights that protect them or stand in their way. This Research Handbook features an excellent line-up of renowned scholars, who each examine different digital phenomena through the lens of a particular IP right. The chapters are written with practical relevance and scholarly rigour, making it a useful resource for academics, legal practitioners, and other IP enthusiasts.’
– Stef van Gompel, University of Amsterdam, the Netherlands
‘Professor Aplin’s very timely Research Handbook spans the entire spectrum of relevant intellectual property rights as well as unfair competition law, competition law and enforcement of intellectual property rights. Its comprehensiveness is enhanced by the great cast of authors from different jurisdictions. A must-read for all those interested in contemporary and hugely important digital issues affecting intellectual property law.’
– Estelle Derclaye, University of Nottingham, UK
– Hayleigh Bosher, IPKat
‘The Research Handbook provides a useful guide to IP issues arising in relation to a wide range of digital technologies. Given the focus of the book on the law in the European Union and the United States, the volume will be of practical relevance to practitioners, academics and policy makers with interest in the experience of the European Union and the United States in dealing with IP issues arising in relation to digital technologies.’
– Evana Wright, Intellectual Property Forum Journal
‘Digital technologies inevitably live with IP rights that protect them or stand in their way. This Research Handbook features an excellent line-up of renowned scholars, who each examine different digital phenomena through the lens of a particular IP right. The chapters are written with practical relevance and scholarly rigour, making it a useful resource for academics, legal practitioners, and other IP enthusiasts.’
– Stef van Gompel, University of Amsterdam, the Netherlands
‘Professor Aplin’s very timely Research Handbook spans the entire spectrum of relevant intellectual property rights as well as unfair competition law, competition law and enforcement of intellectual property rights. Its comprehensiveness is enhanced by the great cast of authors from different jurisdictions. A must-read for all those interested in contemporary and hugely important digital issues affecting intellectual property law.’
– Estelle Derclaye, University of Nottingham, UK
Contributors
Contributors: R. Abbott, B. Allgrove, R. Arnold, R. Burrell, T. Cook, M. Davison, M. Fisher, S. Ghosh, J. Ginsburg, J. Groom, M. Handler, Y. Harn Lee, T.R. Holbrook, M. Iljadica, S. Karapapa, I. Lee, J. Lipton, D. Llewelyn, M.F. Makeen, M.P. McKenna, D. Mendis, F. Mostert, L.S. Osborn, T.P. Reddy, E. Rosati, S.K. Sandeen, M. Senftleben, N. Shemtov, A. Strowel, T.E. Synodinou, K. Weatherall
Contents
Contents:
Preface
PART I COPYRIGHT AND RELATED RIGHTS
1 Software and graphical user interfaces 2
Noam Shemtov
2 Copyright in software: functionality 26
Richard Arnold
3 Copyright and gaming 44
Yin Harn Lee
4 Databases and copyright protection 63
Mark Davison
5 Database producer protection: between rights and liabilities 81
Tatiana Eleni Synodinou
6 Big data and data appropriation in the EU 107
Alain Strowel
7 User generated content: towards a new use privilege in EU copyright law 136
Martin Senftleben
8 User generated content and its authors 163
Marta Iljadica
9 Mass digitization in the ebook market: copyright protections and exceptions 186
Jacqueline Lipton
10 Ebooks and mass digitization projects: the role of licensing 201
Eleonora Rosati
11 Copyright liability for hyperlinking 217
Jane Ginsburg and Alain Strowel
12 Video streaming and the communication to the public right in the United
States and European Union 246
Makeen Fouad Makeen
PART II PATENTS AND TRADE SECRETS
13 Software-related inventions 277
Matthew Fisher
14 The prejudice against patenting business methods 302
Trevor Cook
15 Artificial intelligence, big data and intellectual property: protecting
computer generated works in the United Kingdom 322
Ryan Abbott
16 Extraterritoriality and digital patent infringement 338
Timothy R. Holbrook
17 Out of thin air: trade secrets, cybersecurity and the wrongful acquisition tort 363
Sharon K. Sandeen
PART III TRADE MARKS, DESIGNS AND UNFAIR COMPETITION
18 Trade mark protection for digital goods 382
Mark P. McKenna and Lucas S. Osborn
19 The Uniform Domain Name Dispute Resolution Policy (UDRP): not
quite arbitration, but satisfying? 397
Ilhyung Lee
20 Metatags ‘using’ third party trade marks on the Internet 411
David Llewelyn and Prashant Reddy T.
21 Keyword advertising and actionable consumer confusion 426
Robert Burrell and Michael Handler
22 Fit for purpose? 3D printing and the implications for design law:
opportunities and challenges 445
Dinusha Mendis
PART IV COMPETITION AND ENFORCEMENT
23 Competition in digital markets 464
Shubha Ghosh
24 Exhaustion of rights on digital content under EU copyright: positive and
normative perspectives 483
Stavroula Karapapa
25 Enforcement in a digital context: intermediary liability 506
Ben Allgrove and John Groom
26 Criminal sanctions as a tool against online infringement: national law,
international treaties, transnational cooperation 531
Kimberlee Weatherall
27 Digital tools of intellectual property enforcement: their intended and
unintended norm setting consequences 553
Frederick Mostert
Index 577
Preface
PART I COPYRIGHT AND RELATED RIGHTS
1 Software and graphical user interfaces 2
Noam Shemtov
2 Copyright in software: functionality 26
Richard Arnold
3 Copyright and gaming 44
Yin Harn Lee
4 Databases and copyright protection 63
Mark Davison
5 Database producer protection: between rights and liabilities 81
Tatiana Eleni Synodinou
6 Big data and data appropriation in the EU 107
Alain Strowel
7 User generated content: towards a new use privilege in EU copyright law 136
Martin Senftleben
8 User generated content and its authors 163
Marta Iljadica
9 Mass digitization in the ebook market: copyright protections and exceptions 186
Jacqueline Lipton
10 Ebooks and mass digitization projects: the role of licensing 201
Eleonora Rosati
11 Copyright liability for hyperlinking 217
Jane Ginsburg and Alain Strowel
12 Video streaming and the communication to the public right in the United
States and European Union 246
Makeen Fouad Makeen
PART II PATENTS AND TRADE SECRETS
13 Software-related inventions 277
Matthew Fisher
14 The prejudice against patenting business methods 302
Trevor Cook
15 Artificial intelligence, big data and intellectual property: protecting
computer generated works in the United Kingdom 322
Ryan Abbott
16 Extraterritoriality and digital patent infringement 338
Timothy R. Holbrook
17 Out of thin air: trade secrets, cybersecurity and the wrongful acquisition tort 363
Sharon K. Sandeen
PART III TRADE MARKS, DESIGNS AND UNFAIR COMPETITION
18 Trade mark protection for digital goods 382
Mark P. McKenna and Lucas S. Osborn
19 The Uniform Domain Name Dispute Resolution Policy (UDRP): not
quite arbitration, but satisfying? 397
Ilhyung Lee
20 Metatags ‘using’ third party trade marks on the Internet 411
David Llewelyn and Prashant Reddy T.
21 Keyword advertising and actionable consumer confusion 426
Robert Burrell and Michael Handler
22 Fit for purpose? 3D printing and the implications for design law:
opportunities and challenges 445
Dinusha Mendis
PART IV COMPETITION AND ENFORCEMENT
23 Competition in digital markets 464
Shubha Ghosh
24 Exhaustion of rights on digital content under EU copyright: positive and
normative perspectives 483
Stavroula Karapapa
25 Enforcement in a digital context: intermediary liability 506
Ben Allgrove and John Groom
26 Criminal sanctions as a tool against online infringement: national law,
international treaties, transnational cooperation 531
Kimberlee Weatherall
27 Digital tools of intellectual property enforcement: their intended and
unintended norm setting consequences 553
Frederick Mostert
Index 577
