- •Intellectual property on the internet: a survey of issues
- •Introduction
- •I. The internet and the development of the digital society
- •World Online Population
- •Cost of Internet Access
- •Developments in Means of Internet Access
- •Percentage of Individuals Purchasing Goods and Services over the Internet
- •Online Activities
- •Value of Commercial Transactions on the Internet
- •Percentage of Online Commercial Transactions Compared to Overall Commerce
- •Categories of Goods Purchased on the Internet
- •Distribution of Internet Sales between National and International Markets
- •II. The migration of intellectual property to the internet
- •III. (a) copyright and related rights
- •(I) introduction to digital copyright
- •(II) the wipo internet treaties
- •(A) Scope of Rights
- •(B) Enforcement and Management of Rights
- •(C) Status of the wipo Internet Treaties
- •(III) emerging copyright issues
- •(A) Scope of Copyright Protection in the Digital Environment
- •(B) Liability of Internet Service Providers
- •(C) Rights of Performers in a Digital Environment
- •(D) Rights of Digital Broadcasters
- •(E) Linking of Copyright Information Online
- •(F) Protection of Databases
- •(G) Peer-to-Peer File Sharing – Napster
- •(IV) licensing and rights management in the digital arena (a) Licensing and Collective Management of Rights
- •(B) Digital Rights Management
- •(C) Trends in Licensing and Rights Management
- •III. (b) trademarks and other rights in distinctive signs
- •(I) importance of trademarks online
- •(II) developments in use of trademarks online
- •(A) Use of Trademarks as Meta Tags
- •(B) Sale of Trademarks as Keywords
- •(D) Mousetrapping
- •(E) Linking and framing
- •(III) principle of territoriality and use of trademarks online
- •(A) Acquisition of Trademark Rights Through Use of a Sign on the Internet
- •(B) Infringement of Trademark Rights Through Use of a Sign on the Internet
- •(C) Acceptable Unauthorized Use
- •(D) Global Effect of Injunctions
- •(E) Enabling Co-existence of Rights on the Internet
- •(IV) wipo joint recommendation on protection of marks on the internet
- •(V) wipo joint recommendation on well-known marks
- •(VI) unfair competition
- •(A) Interactive Marketing Practices
- •(B) Transparency and Privacy Concerns
- •(C) National Versus International Standards of “Unfair” Marketing Practices
- •(D) Trade Secrets
- •III. (c) domain names
- •(I) introduction to domain names
- •(II) recent developments concerning domain names and intellectual property (a) New gTlDs
- •(B) Multilingual Domain Names
- •(C) Keywords
- •(D) Multiple Roots
- •(E) Creation of the Generic Top-Level Domain .Eu
- •(F) icann Reform
- •(G) World Implementation of the Enum Protocol
- •(III) wipo programs
- •(A) wipo Arbitration and Mediation Center
- •(B) Second wipo Internet Domain Name Process
- •(C) wipo Cooperation Program for ccTlDs
- •III. (d) patents
- •(I) patents in the digital environment
- •(A) Business Method Patents
- •(B) Software Patents
- •(C) Prior Art Effect
- •(D) Enforcement of Rights
- •(II) wipo programs
- •IV. The role of private international law and alternative dispute resolution
- •(I) private international law, intellectual property and the internet (a) What is Private International Law?
- •(B) Private International Law and the Internet
- •(C) Sources of Private International Law
- •(D) Private International Law, Harmonization and Intellectual Property
- •(E) Jurisdiction and Applicable Law in Intellectual Property Disputes
- •(II) alternative dispute resolution (a) What are the Methods of Alternative Dispute Resolution?
- •(B) The wipo Arbitration and Mediation Center
- •(C) General Characteristics of adr
- •(D) adr in e-Commerce
- •(E) adr, e‑Commerce and Intellectual Property
- •(F) adr and Legal Systems
- •(G) adr Limits and Challenges
- •(H) An Example: The wipo udrp Experience
- •(I) New Developments in adr
- •V. Issues for developing countries in the digital environment
- •(I) introduction
- •(II) ‘digital bridges’ over the digital divide
- •(III) access and participation in the digital economy
- •(IV) opportunities and challenges
- •(V) differential e-development
- •The Geography of Technological Innovation and Achievement undp Human Development Report 2001
- •(VII) wipo’s digital agenda in developing countries
- •(VIII) museums and images of cultural heritage online
- •(IX) traditional knowledge databases and digital libraries
- •VI. Digital delivery of intellectual property services
- •(I) developments in national intellectual property offices (a) Traditional Intellectual Property Office Administration
- •(B) Use of New Information Technology Systems in ip Offices
- •Japan Patent Office – Processing of Patent Applications
- •(II) wipo services
- •(A) wiponet
- •(B) The pct Treaty and Procedure
- •(C) The Madrid Agreement and Electronic Systems
- •(D) The Hague Agreement and Electronic Systems
- •VII. The wipo digital agenda
Cost of Internet Access
9 A variety of factors explain the variation in the rate of Internet penetration in different regions. The cost of Internet access, which varies widely between countries and regions, is one of these factors. In this regard, the Secretary General of the International Telecommunication Union (ITU) has noted that the costs of access are often higher for developing countries.6
Source: World Telecommunication Indicators, ITU, March 2002
Languages Used on the Internet
10 The culture of the Internet, which was largely Anglo-American in its early stages, is in transformation. Where once the English language dominated, increasingly some of the 6700 languages that are spoken in 228 countries throughout the world are finding a voice on the Internet. It is envisaged that by 2003, non-English speakers will represent one third of the community of Internet users,7 the major part of this expansion coming from Asia and Latin America. This diversification of the languages used online is in no way surprising when it is considered that 92% of the world population has a mother tongue other than English. It can therefore be anticipated that the Web will increasingly reflect the diversity of cultures and that this will be accompanied by an increase in its non-English content. According to forecasters, the most widely used language on the Web in 2007 will be Chinese.8 The table below provides some statistics on the languages used online. The effect of this globalization of the Internet on intellectual property and, in particular as regards domain names, is discussed in Chapter III(c) of this Survey.
-
Global Internet Statistics by Language
Language
Speakers
(millions)
English
230.6
Total non-English including:
403.5
Chinese
68.4
Japanese
61.4
Spanish
47.2
German
42.0
Korean
28.3
Italian
24.0
French
22.0
Portuguese
19.0
Dutch
12.4
Malay
8.0
Swedish
6.8
Arabic
5.5
Turkish
4.6
Danish
3.5
Czech
3.1
Thai
2.4
Romanian
2.3
Farsi
2.2
Greek
2.0
Hebrew
2.0
Total Online Population
619
Source: Global Reach (last revised September 30, 2002), at http://www.global-reach.biz/globstats
Developments in Means of Internet Access
11 Faced with users’ demands for faster Internet connections, the technologies that enable access to the Internet have undergone significant changes. Broadband technologies have developed, including ADSL (Asymmetric Digital Subscriber Line). Various methods of Internet access now exist, and include the telephone system (Plain Old Telephone System (POTS)), the Integrated Services Digital Network (ISDN) and ADSL.
12 As shown by the table below, the rate of penetration of each of these technologies varies considerably among the countries of the European Union. It is noted that, despite increased demand for faster Internet connections, the telephone system remains the most popular mode of Internet access. The rate of penetration of other technologies such as ADSL, the high performance of which when compared to the conventional telephone system is well recognized, is still low. Nevertheless, since 2000 there have been rapid developments of these new technologies. In addition, ADSL is now present in all European Union member States except Greece.9 The countries with the highest rate of ADSL penetration are Sweden (4.6%), Denmark (3.9%), Belgium (3.9%) and Austria (3.3%).
Source: BDRC Ltd. Report, “The Development of Broadband Access Platforms in Europe” commissioned by the European Commission, from Figures 1a and 1b, at
pp.7 and 8, August 2001
13 At the international level, it is observed that the development of broadband technologies is uneven among the different regions in the world. The table below, which compares the potential growth of these technologies in Europe, the United States of America and Japan, indicates a high number of subscribers in the United States of America. However, a recent report commissioned by the European Commission,10 foresees significant development of these technologies in Europe and Japan between 2002 and 2003. In 2003, the rate of penetration of broadband technologies is expected to reach 11% in Europe and 8% in Japan.
Source: BDRC Ltd. Report, “The Development of Broadband Access Platforms in Europe,” commissioned by the European Commission, at p.139, August 2001
14 Although these new technologies are still at an early stage of development, their progress merits examination because, in the long term, they could have a significant impact on the intellectual property system. To a large extent, they facilitate the downloading of intangible assets protected as intellectual property, including music and video and, as a result, their growth could substantially increase the number of online transactions relating to these works.
