Three case studies from Hawaii, Norway and Greenland

Callies, David L.; Ørebech, Peter; Petersen, Hanne

doi:10.1017/cbo9780511550621.004

Cited by 2 publications

(1 citation statement)

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“…124 This fact indicates that the regimes in place are supported by a "rough" global consensus, which is generally sufficient for transnational cyberlaw. 125 And indeed, effectively all states agree that making a current motion picture available on the Internet or selling a product under a well-known trademark without the authorization of the respective right holders is illegal. 126 Regarding "copyright piracy on a commercial scale" and "wilful trademark counterfeiting", Art.…”

Section: Discussionmentioning

confidence: 99%

Transnational Intellectual Property Governance on the Internet

Peukert

2020

SSRN Journal

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This article documents and classifies instances of transnational intellectual property (IP) enforcement and licensing on the Internet with a particular focus on the territorial reach of the respective regimes. Regarding IP enforcement, I show that the bulk of transnational or even global measures is adopted in the context of "voluntary" self-regulation by various intermediaries, namely domain name registrars, access and host providers, search engines, and advertising and payment services. Global IP licensing is, in contrast, less prevalent than one might expect. It is practically limited to freely accessible Open Content, whereas markets for fee-based services remain territorially fragmented. Overall, three layers of IP governance on the Internet can be distinguished. Based on global licenses, Open Content is freely accessible everywhere. Plain IP infringements are equally combatted on a worldwide scale. Territorial fragmentation persists, instead, in the market segment of fee-based services and in hard cases of conflicts of IP laws/rights. All three universal norms (global accessibility, global illegality, global fragmentation) are supported by a quite solid, "rough" global consensus.

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Section: Discussionmentioning

confidence: 99%