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INTELLECTUAL PROPERTY IN THE DIGITAL ECONOMY

INTELLECTUAL PROPERTY IN THE DIGITAL ECONOMY. Dr. Kristina Janušauskaitė WIPO TOT Program for SMEs Damascus, Syria January 16-20, 2011. Outline: What will we know after this session?. What impact e-commerce makes on IP… What challenges e-commerce brings to IP…

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INTELLECTUAL PROPERTY IN THE DIGITAL ECONOMY

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  1. INTELLECTUAL PROPERTY IN THE DIGITAL ECONOMY Dr. Kristina Janušauskaitė WIPO TOT Program for SMEs Damascus, Syria January 16-20, 2011

  2. Outline: What will we know after this session? • What impact e-commerce makes on IP… • What challenges e-commerce brings to IP… • How to create a website for a company… • How to protect website effectively… • How to choose a right domain name for a company…

  3. What impact e-commerce makes on IP?

  4. Impact of E-Commerce on IP • IP plays a big role in online trade of products and services.

  5. IP became an important tool in developing new digital technologies. Impact of E-Commerce on IP

  6. Online branding became very important for current businesses. Impact of E-Commerce on IP

  7. Patent licensing is relevant in e-commerce. Impact of E-Commerce on IP

  8. Protection of Software: different IP rights can protect different components of software Challenges raised by the impact of e-commerce

  9. Online content distribution Challenges raised by the impact of e-commerce

  10. Issues related to jurisdiction and applicable law “World wide web” = international element Which court has jurisdiction over e-commerce disputes? Which law applies? Challenges raised by the impact of e-commerce

  11. Enforcement-related issues Finding an infringer Enforcing IP rights that are violated on the Internet Enforcing IP rights internationally Challenges raised by the impact of e-commerce

  12. Domain name issues Domain name must be available Conflicts between domain names and third parties’ trademarks or personality rights Challenges raised by the impact of e-commerce

  13. Creating website 1 - Outsourcing website development 2 - Creating a website on your own by using material owned by others

  14. Outsourcing website development Website components: content aspects

  15. Outsourcing website development Website components: ownership aspects

  16. Outsourcing website development Written contract with an outside developer: Topics to be included

  17. Case Study: Using material owned by others

  18. Using material owned by others

  19. What are protected elements? New technological systems Search engines Other technical internet tools Software Database Website design Website content Business names, domain names Product names, logos, other signs Computer-generated graphic symbols, screen displays, GUIs, webpages Confidential graphics Source code, object code, algorithms Data flow charts, database contents user manuals, data structures, etc. Protecting website

  20. Type of protection (different IP rights involved) New technological systems Search engines Other technical internet tools Software Database Website design Website content Business names, domain names Product names, logos, other signs Computer-generated graphic symbols, screen displays, GUIs, webpages Confidential graphics Source code, object code, algorithms Data flow charts, database contents user manuals, data structures, etc. Protecting website

  21. How to protect website Precautionary measures:

  22. How to protect website Precautionary measures:

  23. Taking actions against violators: Steps

  24. What’s a domain name? Choosing a domain name for a company

  25. There are two parts in domain name: Top-level domain (TLD) Second-level domain (SLD) Generic TLD (gTLD) Country-code (ccTLD) Domain names: Basics

  26. Choosing the first level domain

  27. Choosing the second level domain

  28. Domain Names vs. Trademarks

  29. UDRP Rules adopted in 1999 Reasons: Protection of trademark owners and legitimate domain name registrants Effective fight and prevention against cybersquatting (with less cost, shorter duration, etc.) Limited to cases of abusive registration of trademarks as domain names More on UDRP procedure: http://www.wipo.int/amc/en/domains/ Uniform Domain Name Dispute Resolution Policy (UDRP)

  30. Abusive registration criteria Uniform Domain Name Dispute Resolution Policy (UDRP)

  31. UDRP does not cover: Uniform Domain Name Dispute Resolution Policy (UDRP)

  32. IP in the Digital Economy: Checklist

  33. Thank you! Questions?..

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