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
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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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