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Running Head: INTELLECTUAL PROPERTY 1

INTELLECTUAL PROPERTY 9

Impact of internet on Intellectual Property

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How has intellectual property (copyrights, trademarks, patents) changed with the emergence of the Internet, who are the forces behind that change, and how does IP affect culture?

Intellectual Property Rights

Every enterprise/entrepreneur has a legal right to safeguard the designs of their intellect, such as symbols, inventions, literary works, designs, images, and names used in commerce. However, the rights an entrepreneur possesses over these innovations are intellectual property (IP) rights lawfully protected through copyright, trademarks, and patents. These IP protections permit an inventor or a creator to be acknowledged and financially benefiting from the creations (Frankel, Gervais, & Kluwer,2016). With the invention of the digital era and the Internet, the IP has significantly evolved and significantly affecting the modern way of life and culture. 

Copyright

Copyright safeguards the expression of a philosophy when it finally materialized in significant procedures, such as a CD, a computer file, and a book. The idea is not safeguarded by copyright. Primarily, it is sometimes complicated to make an uncontested distinction between the expression and the idea. The copyright administration has simultaneously evolved along with technology evolution. Every innovative invention, such as the radio, television, and the printing press, has affected both the application and forms of copyright rules. The Internet has significantly affected IP administration (Smyrnaios, nd). The convectional copyright concept has been tested in several ways, from simple ways such as 'pasting and cutting' Internet texts to more multifaceted undertakings, such as the video and music materials online mass distribution.

Moreover, the Internet endows copyright holders by offering them significantly powerful technical elements for monitoring and safeguarding the copyrighted material functions. These developments hinder the delicate balance between the public's interest and the copyright law fundamental rights of the authors. The Internet provides students, researchers, among others, from developing nations with a powerful avenue to participate in worldwide scientific and academic exchanges. However, a restrictive copyright administration could negatively impact developing nations' capacity building alongside the increasing digitization of artistic and cultural crafts from emerging nations (Vincent, 2014). Paradoxically, developing nations end up paying for their artistic and cultural heritage when repackaged, digitized, and owned by overseas media and entertainment corporations.

Trademarks

Trademarks are significant and relevant to the invention of the Internet attributable to the domain names registration. In the initial phases of Internet development, the domain name registration was undertaken on a first-come, first-served basis. Ostensibly, this triggered cyber squatting, the undertaking of companies' names registrations, and then selling the names to the firm with a higher price bid. Primarily, this situation obliged the business sector to anchor the protection of the trademark at the Center of Internet Governance (CIG) reforms in the Web invention's initial stages. During the establishment of the Internet Corporation for Assigned Names and Numbers (ICANN), the US government demanded the development and implementation of a mechanism for the protection of the trademark in the domain names field (IDC, 2015). Then ICANN presented the Universal Dispute Resolution Procedure (UDRP) as developed by WIPO.The UDRP is currently the principal dispute resolution instrument for domain names.

The UDRP stipulates that most trademark-based forms of domain name disagreements should be resolved by court action, arbitration, or agreement before a registrar suspends, transfers, or cancels a domain name.

Patents

A patent offers protection to an invention author, whether it is a process or a product. Patent protection period 20 years and above depending on the patent type and from the patent application date. The patent grant involves a new invention that should be 'inventive' and characterized by 'industrial applicability.'

Primarily, patents have significantly been impacted by the Internet, especially regarding the methodology of conducting business online through e-commerce platforms such as Alibaba and Amazon's, among others. Nevertheless, with the Artificial Intelligence (AI) onset, patent office’s globally are trying to institute on dealing with non-human creativity inventions and purely focusing on 

 AI invention (Aplin & Davis, 2017). For instance, the five significant Intellectual Property (IP) offices referred to as IP5that handles approximately 85% of global patent applications. They include European Patent Office (EPO), (the Korean Intellectual Property Office (KIPO), Japan Patent Office (JPO), United States Patent and Trademark Office (USPTO), and China National Intellectual Property Administration (CNIPA) (Vincent, 2014). The IP5 agreed to launch an Artificial Intelligence Task force New Emerging Technologies to properly explore and respond to global technology initiatives and related developments.

 

Who are the forces behind that change, and how does IP affect culture?

The IP change forces include Measurements and Means, Technical Protection, Bounded Communities Access Control, encryption, and Open Communities Use Control and Enforcement Access.   

Measurements and Means  

Recently, the IP has evolved due to the exploration of several technical mechanisms aimed at protecting digital intellectual property (IP), alongside attempts to commercial services and products anchored on those mechanisms (Anne, 2015). The measurement and means agencies start with IP review protection technology, clarifying the technology's limitation and capabilities, and discovering the consequences of IP access and distribution.

Technical Protection

The internet technology evolution is inhibiting the IP management status quo in several ways. The emphasis on Technical Protection Services (TPSs) facilitates monitoring intellectual property's digital distribution through the Internet. Primarily, this focuses on technical tools where technology offers means and enables IP policy enforcement. However, this fails to answer social, economic, and legal questions concerning ownership rights (Breakey, 2012). However, lack of TPS also offers perfect protection because of rapid technology evolution, triggering previously secure structures gradually less secure.

Moreover, social environments also evolve, with the setback of security systems attracting triggering interest amongst the population. Similar to physical security mechanisms, there are intrinsic trade-offs concerning the engineering design and quality system implementation and building cost and deployment (Dwayne, 2016). Steady TPS quality improvement and affordability and foreseeing of the challenges of the system.

While intellectual property technical protection is mostly construed as guarding the right holder's rights to collect revenue, technical protection avails significant additional services, including verification and the authentication of information sources (Breakey, 2012). Information consumers find this capability and capacity useful for apparent reasons, where publishers require authenticity controls in protecting respective brand quality.

Encryption

Cryptography is fundamental, enabling IP management through technology. The encryption objective is to scramble matters so that they are not usable and comprehensible until they are decrypted. The technical terms for unscrambling and scrambling are "decrypting" and "encrypting." Encryption enables IP management through content protection against modification or disclosure both during storage and transmission. Effective content encryption, file copying is virtually useless due to no content access devoid of the decryption fundamental (Frankel, Gervais, & Kluwer,2016). Available off-shelf software offers encryption for all fundamental objective unbreakable, while much of the encrypting software in use currently is somewhat less stout.

Several IP management and commercial strategies plan are critical in "symmetric-key" encryption using the same key to decrypt and encrypt the content. For instance, movie, text, graphic, and song software application is significantly encrypted by the respective distributor through the Internet via the Web site. The object's key is primarily provided only to suitable recipients (through paying customers), basically through a more and divergent secure route, perhaps relying on particular hardware. The Internet has enhanced encryption through the required distribution of superior hardware, referred to as a set-top box (Russ,2015). Therefore, the encrypted program facilitates the safe broadcasting of information via public channels. 

Bounded Communities Access Control  

Primarily, the significant fundamental type of technology involving intellectual property protection is information controlling access through the determination of permission of the requester's information access. An essential control aspect has been a part of global operating systems and software since the initial implementation of operating systems, availing limited useful security (Frankel, Gervais, & Kluwer,2016). Therefore, a system access control system helps identify each user community member's identity tracking, the data objects' identities, and the privileges such as reading, executing, and altering that every user has for every object. Nevertheless, the system consults extensively on the information upon a service request reception and denies or grants the based on privilege.

However, prevailing access control provides partially for the prerequisite of dealing with intellectual property collection. Therefore, internet invention has enhanced IP systems in utilizing information control access for relatively diminutive periods or few years through few essential access criteria such as alter, execute, and lead, and for objects that owners double up as users and mostly close anytime question or problem arises (Curran, nd). Contrastingly, intellectual property systems access control should deal with the respective prolonged periods and handle the complex conditions of use and access. A sizable collection, for example, a digital library, entails capabilities for managing with a multitude of documents and more significant user’s communities such as a college campus or major urban library users.

Open Communities Use Control and Enforcement Access  

Access-control systems are outlined as useful in case of central issue enforcing and specifying information access. The Internet offers a standard support framework for IP rights management, offering primarily a framework governing rights management. Nonetheless, the rights partly represent the increasingly rights information management, and recognition is an integral part of the content delivered. Ostensibly, the IP protection and management descriptors help describe the protection desired alongside IP data identification data through the establishment of numbering systems such as the ISBN in books (Frankel, Gervais, & Kluwer, 2016). Using the Internet, the content providers articulate the appropriate protection strategy suitable for their business models. Incase no protection is required, the receiving system has an authorization mechanism through a certified cryptographic system necessary in communicating an encrypted message crucial in rights management and information display to the user-end system.

How does IP affect culture?

Intellectual property significantly affects consumer culture; for instance, the trademark system facilitates the services and goods identification permitting the consumers to distinguish those manufactured by a particular enterprise. Ostensibly, this helps in emphasizing the significance of commercial branding, conventionally achieved through the trademarks use alongside marketing and advertising strategies (Aplin & Davis, 2017). Consequentially, this is enhanced by the Internet is heightening in an online or digital environment where clients are naturally cautious; investors are located remotely with no or little physical address to reassure consumers of a firm bona fides and financial security. 

The Internet or the Web is a caveat emptor territory is the rule resulting in customers increasingly anchored on vibrant brand performance and brand awareness to enhance customer confidence in e-commerce engagement. Despite the trademark's significant reputation in this virtual online environment, they are significantly vulnerable to infringement, anticompetitive, and dilution practices. Trademark titleholders expend enormous resources through the engagement of 'web-crawling' software automation and cyber-surveillance companies to monitor the billions of internet Web pages and protect their IP rights. Internet identity also surpasses the trademark system due to the Internet role in the domain naming system, enhancing users' potential to navigate in the respective internet network (Curran, nd). Ostensibly, domain names are supposed to have user-friendly addresses corresponding to the specific Internet Protocol codes connecting our computers gadgets to the Internet and enabling the network routing appliances to direct and monitor data requests to the appropriate addressee.

  Domain names influence online customers purchasing culture as it was initially intended to undertake a purely technical purpose in a user-friendly manner, but since they are comfortable and intuitive, memory functions as personal or business identifiers. Several companies, irrespective of whether e-commercial or not, are recommended to advertise their domain name as a Web presence signal. Consequentially, this enhances intellectual property through a domain naming system through function identification similar to the trademark. Owing to the nature of search engines' operation, most enterprises embrace trademark mostly as a domain name (Pickard, nd). However, this has triggered a conflict with the introduction of a predatory undertaking, referred to as 'cyber squatting.'

In conclusion, the rights an entrepreneur possesses over the cyber squatting intellectual property (IP) rights are lawfully protected through copyright, trademarks, and patents. These IP protections permit an inventor or a creator to be acknowledged and financially benefiting from the creations. The IP change forces include Measurements and Means, Technical Protection, Bounded Communities Access Control, encryption, and Open Communities Use Control and Enforcement Access. Intellectual property significantly affects consumer culture; for instance, the trademark system facilitates the services and goods identification permitting the consumers to distinguish those manufactured by a particular enterprise.

References

Anne, H. ( 2015). “The platformization of the web: Making webdata platform ready”, Social Media + Society 1(2), 2015, pp. 1-11.

Aplin, T., & Davis, J. (2017). Intellectual property law: Text, cases, and materials.Oxford: Oxford University Press.

Breakey, H. (2012). Intellectual liberty: Natural rights and intellectual property. Farnham, Surrey, England: Ashgate.

Curran, J. (nd). Misunderstanding the Internet. Reinterpreting the Internet Journal. Chapter 1.

Dwayne, W. (2016). “Reconstructing the Political Economy ofCommunication for the Digital Media Age”, The Political Economyof Communication, vol. 4, no 2, 2016, pp. 73-114.

Frankel, S., Gervais, D., & Kluwer, W. (2016). The Internet and the Emerging Importance of New Forms of Intellectual Property.Information Law Series Volume 37.

IDC. (29 July 2015). “Worldwide Tablet Market Continues to Decline; VendorLandscape is Evolving,” Press release.

Pickard, L (nd). How Commercialism Degrades Journalism. Democracy without Journalism Journal. Chapter 3.

Russ, C. (9 April 2015). “One Third of US Consumers Still Buy Music Downloads, Even as Streaming Gains Momentum.” Music Watch.

Smyrnaios, N. (nd). The Oligopoly’s Strategies for Integration and Info-Mediation. Internet Oligopoly Journal. Chapter 4.

Vincent, M. (2014). To the Cloud. Big Data in a Turbulent World.London, Paradigm Publishers.