The efficacy of the activities of intellectual property rights owners; including surveillance, the collection and interpretation of intelligence, litigation, and education in prusuing the operation of new proactive models of copyright enforcement in the digital age to meet the challenges of new technologies
- Publication Type:
- Thesis
- Issue Date:
- 2008
Closed Access
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| 01Front.pdf | contents and abstract | 818.78 kB | |||
| 02Whole.pdf | thesis | 47.31 MB |
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NO FULL TEXT AVAILABLE. Access is restricted indefinitely. ----- The problem of intellectual property rights infringement has been exacerbated by
recent technological developments resulting in losses for intellectual property rights
owners. As a result of these losses, there has been a development of a newer
proactive JP rights enforcement model. This proactive model has a number of
features including the use of civil litigation tools by JP rights owners both individually
and in a unified manner, the usage of technology-based protection measures, the
development of new business models, as well as the undertaking of investigations,
and educational and lobbying activities.
The proactive model differs from the earlier reactive response model which involved
intellectual property rights owners responding in a defensive manner to infringing
activities, and not taking proactive measures to prevent infringement in advance.
Unlike the proactive model, the reactive response model focused on criminal
proceedings for JP rights infringement undertaken by the Department of Public
Prosecutions with the support of the Australian Federal Police, State Police and
Australian Customs Service.
The proactive model was developed as a result of perceived failures associated
with the reactive response model, including a refusal by Government authorities to
increase investigative and enforcement activity in the intellectual property area,
despite a worsening of the problem of infringing activity.
In the future, it is likely that the problem of intellectual property rights infringement
will continue to worsen as technology continues to develop. As a result, the role of
intellectual property rights owners and their enforcement units will continue to gain
in importance as they undertake more legal proceedings. The enforcement actions
of intellectual property rights owners will also continue to replicate past patterns
established during and after the industrial revolution in relation to real property. In
this regard, the development and implementation of the proactive model of
intellectual property rights enforcement is an expected event.
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