Cyber Law: Intellectual Property Crimes Report (Assessment)

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Intellectual Property

Four types of intellectual property exist, and these are patents, copyrights, trademarks and trade secrets (Whitman & Mattord, 2011). The patent is a document provided by a government to a person who gains exclusive rights to use an innovation or innovations in any way.

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Copyright is a right to “original works of authorship” that can be literary and musical works, software, a piece of art (as cited in Reporting intellectual property crime, 2013). Trademark is a name or a symbol as well as a combination of these that can be by a person in commerce. A trade secret is a practice, method, pattern and so on that is used in an organization, and that is used as a competitive advantage.

Threats to Intellectual Property

Theft is one of the major threats to intellectual property, and cyberinfrastructure should be used to protect it from unauthorized use (Eastton & Taylor, 2011). Data associated with the intellectual property can be stolen and sold on the black market. Thus, people will gain profit and can even harm the use of the products under the copyright. For example, a low-quality copy of a product can make people dislike the original item. It can also be used in various criminal activities (like drug trafficking or international terrorism).

Cyber Assets

Intellectual property is largely stored in the same way as any other types of data, but since it is highly valued the level of protection should be high. Servers and storing devices used to store the data should be equipped with efficient defense in depth applications (Eastton & Taylor, 2011). This software eliminates the threat of the unauthorized use of data.

DMCA

The Digital Millennium Copyright Act (which was introduced in 1998) is concerned with various issues related to the copyright in the digital world and cyberspace (Dratler & McJohn, 2016). One of the aims of this act is to align the US copyright regulations with laws existing in other countries. Thus, the US law is consistent with various international regulations, which is crucial for multinationals as well as citizens who may have business interests abroad or run a business in other countries.

Import & Export Laws

The modern business world is globalized, and people do business and share intellectual property regardless of geographic boundaries. Therefore, the development of and compliance with sound import and export laws is essential for intellectual property protection (Whitman & Mattord, 2011). Companies should be aware of and comply with copyright laws when sharing information, selling and buying products and services associated with intellectual property. These laws regulate such operations and provide clear guidelines that enable organizations to avoid many legal issues associated with intellectual property.

Defense in Depth

Defense in depth is crucial for intellectual property protection when it comes to the cyberspace. These applications protect computers, devices, servers, and networks from any hacker attacks. Thus, defense in depth software ensures the safety of data associated with intellectual property since it minimizes the threats of unauthorized access to and use of data.

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Uruguay Round Agreements Act

The Uruguay Round Agreements Act was enacted in 1994 (Halpern & Johnson, 2014). It aimed to implement an international agreement that focuses on regulations concerning intellectual property the Trade-Related Aspects of Intellectual Property Rights. These regulations are accepted worldwide. The importance of the act lies in the opportunities it provides to American business people who operate their business across borders.

References

Dratler, J., & McJohn, S.M. (2016). Licensing of intellectual property. Akron, OH: Law Journal Press.

Eastton, C., & Taylor, J. (2011). Computer crime, investigation, and the law. Boston, MA: Course Technology, Cengage Learning.

Halpern, S.W., & Johnson, P. (2014). Harmonising copyright law and dealing with dissonance: A framework for convergence of US and EU law. Northampton, MA: Edward Elgar Publishing.

Reporting intellectual property crime: A guide for victims of copyright infringement, trademark counterfeiting, and trade secret theft. (2013).

Whitman, M. E., & Mattord, H. (2011). Reading & cases in information security: Law & ethics. Boston, MA: Course Technology, Cengage Learning.

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