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Research Handbook on Intellectual Property and Digital Technologies

Edited by: Tanya Aplin

ISBN13: 9781785368332
Published: January 2020
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £227.00



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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.

Subjects:
Intellectual Property Law, IT, Internet and Artificial Intelligence Law
Contents:
Preface
PART 1: 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 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 digitisation in the eBook market: copyright protection and exceptions - Jacqueline Lipton
10. E-books and mass digitisation projects: the role of licensing - Eleanora Rosati
11. Copyright liability for hyperlinking - Jane Ginsburg and Alain Strowel
12. Video streaming and the communication to the public right - Makeen F. 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
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