E-Commerce and Intellectual Property Law

Paper Summary:

This paper discusses intellectual property law as it relates to e-commerce and business on the Internet. It lists and describes the several types of trademark infringement that can occur in the realm of e-commerce. The paper specifically focuses on the importance of patents, copyrights and trademarks as they relate to intellectual property law.

Table of Contents:
Introduction
Knowledge is Key
Legal Protections
Summary
Conclusions
Recommendations

From the Paper:

"Patents have become a popular method of protecting products sold over the Internet. If one company fails to obtain a patent for a product, another company is destined to do so. Although patents offer protection, they can also link several companies together in a web of "cross-licensing agreements". This is actually beneficial, as patent infringement can then be avoided, and at the same time, each company in the web earns a royalty (citing Anonymous, 1996; Mykytyn & Mykytyn, 2005, p. 51). Copyrights are also great protection for those companies using e-commerce to sell their goods. User interfaces and graphical displays are protected by copyrights, as they are considered output created by a program (citing Nimmer, 1997; p. 52). Additionally, E-commerce sites that link to one another without authorization are not only unethical, but are also a copyright infringement. Trademarks are also effective and can be "any word, phrase, slogan, graphic image, musical phrase, distinctive sound, or other symbol used in the offer and sale of goods" (p. 52). This is to protect the public from confusing or misidentifying two products that may be very similar."

Sample of Sources Used:

• Kingsbury, Alex (2007, April 9). E-Law's Bright Future: Making a Career Out of Commerce, Privacy, and Copyright in the Digital Age. U.S. News & World Report, 72-73.
• Mykytyn, Kathleen, and Mykytyn, Jr., Peter P. (2005). The Importance of the Law for E-Commerce Strategies. Information Systems Management, 22(2), pp. 50-56.

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