Peculiarities of Intelectual Property Infringement in Cyberspace
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Abstract
The article provides the notion of intellectual property infringement in cyberspace, analyses principal forms and peculiarities thereof. The authors emphasize differences between traditional infringement of intellectual property rights as well as infringement of intellectual property in cyberspace, as well as specific acts which infringe intellectual property rights and can only be done online.
Intellectual property in cyberspace is more vulnerable, when compared to traditional media for intellectual assets, since cyberspace allows minimal economic cost of infringement, no marginal cost for additional or repetitive infringement. Moreover the negative socio-economic consequences of the intellectual property infringement in cyberspace is also far greater that of the traditional intellectual property infringement, due to the fact that all infringing content provided online is immediately global (in case the infringement is committed and unlawful content is uploaded into the cyberspace in Lithuania, such an unlawful content can be immediatelly accessed, downloaded and taken advantage of by any user of the cyberspace, regardless of the geographical location). Intellectual property infringements in cyberspace are also instantaneous – unlawful content placed in cyberspace instantly becomes accessible top anyone interested. Based on the above the socioeconomic loss of intellectual property infringement in cyberspace inflicted upon the right-holders and society is potentially very high, and therefore needs to be specifically addressed by the legislature.
The goal of the article – to identify features of the intellectual property infringement in cyberspace, to analyse principal features, which shall be taken into account for the purpose of cyberspace legislation, to review and evaluate curent legislation and fitness thereof for dealing with intellectual property infringement, as well as suggest necessary directives for the improvement thereof. The autors place specific emphasis on Lithuanian legislation and case law pertaining to the intellectual property infringements in cyberspace.
The article concludes by establishing a justification for the need to introduce speficic legislation or amendments to existing regulations, in order to adress increased perils of the intelectual property infringement in cyberspace, as well as to adress acts, which are left out by the current regulations aimed at traditional forms of intellectual property infringement.
Intellectual property in cyberspace is more vulnerable, when compared to traditional media for intellectual assets, since cyberspace allows minimal economic cost of infringement, no marginal cost for additional or repetitive infringement. Moreover the negative socio-economic consequences of the intellectual property infringement in cyberspace is also far greater that of the traditional intellectual property infringement, due to the fact that all infringing content provided online is immediately global (in case the infringement is committed and unlawful content is uploaded into the cyberspace in Lithuania, such an unlawful content can be immediatelly accessed, downloaded and taken advantage of by any user of the cyberspace, regardless of the geographical location). Intellectual property infringements in cyberspace are also instantaneous – unlawful content placed in cyberspace instantly becomes accessible top anyone interested. Based on the above the socioeconomic loss of intellectual property infringement in cyberspace inflicted upon the right-holders and society is potentially very high, and therefore needs to be specifically addressed by the legislature.
The goal of the article – to identify features of the intellectual property infringement in cyberspace, to analyse principal features, which shall be taken into account for the purpose of cyberspace legislation, to review and evaluate curent legislation and fitness thereof for dealing with intellectual property infringement, as well as suggest necessary directives for the improvement thereof. The autors place specific emphasis on Lithuanian legislation and case law pertaining to the intellectual property infringements in cyberspace.
The article concludes by establishing a justification for the need to introduce speficic legislation or amendments to existing regulations, in order to adress increased perils of the intelectual property infringement in cyberspace, as well as to adress acts, which are left out by the current regulations aimed at traditional forms of intellectual property infringement.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
