Intellectual Property Lawyers Face Constant New Challenges in The Digital Age
Introduction
There are no boundaries when it comes to intellectual property rights in the digital age. Lawyers who specialise in intellectual property and business are aware of the dangers when one recreates digital assets and distribute information all over the world without obtaining the necessary permission. It may lead to the infringement of your rights, and there is also a jurisdictional problem as far as digital intellectual property is concerned.
Infringement of copyrights
It is easy to copy digital intellectual property by just a click of a button and distribute it to everyone who has access to the internet. It is more compounded by the common use of social media which can transmit information in seconds through sharing. It has become very complicated even in tracing the source. Lawyers who specialize in intellectual property and business find it hard to pin anybody where infringement of copyrights or patents has be. The original information can be distorted, added some info to create humor, and even photos and videos may be included in the original asset, which also compounds the problem of tracing the culprits.
Ease of Reproduction & distribution
Before the introduction of new technology, it was easier to control the infringement of intellectual property rights. It was easy to spot infringement, and it was costly and challenging to reproduce the physical, intellectual property.
These expenses would deter the would-be infringers from any attempt of stealing the contents, and it would not be worthy. There was a clear warning of copyright and its consequences; therefore, every person who came into contact with the book was aware of this and refrained from stealing the work therein. Where the product is in the form of DVD, its quality of the product is severely affected through continuous copying. Digital intellectual properties are much easier to infringe that reproduction of physical works as there are no hindrances.
On distribution, your property may be reproduced and sent worldwide through a click of a button through social media like Facebook and twitter. There is also the danger of alteration of the original asset, and it becomes challenging for the authorities to nail anyone on illegal infringement of the rights.
Enforcement
Digital Intellectual Properties infringers remain anonymous and are not easy to detect. They are comfortably involved in their illicit business as they know very well you are not likely to follow them. They can infringe, they can alter and add whatever information they wish and can even purport to be the original owners of such assets. Their contribution is minimal, but they will reap greatly from their illegal acts.
Before the digital era, Lawyers who specialise in intellectual property and business had difficult time enforcement of intellectual property law was already complex as those who meant to infringe dared to do so despite the consequences. The ease of reproduction of digital assets would mean withstanding both commercial infringers and the individuals who may be doing so knowingly or out of ignorance. You may discover illegal use of your digital intellectual property, but pursuing a claim would be a tall order and almost impossible to seek redress.
Jurisdictional Challenges
Intellectual Property law is continuously changed to align with new technology as well as the process of lawmaking or jurisprudence. It is the most fluid area of law which is not universally interpreted as it differs from one jurisdiction to another. There is no universal stand on its interpretation and where different lawyers file legal actions they are not able to predict its outcome since the interpretation of the digital Intellectual property law may always is different.
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