Secondary Liability for Intellectual Property Law Infringement in the International Arena: Framing the Dialogue
dc.contributor.author | Oswald, Lynda J. | |
dc.date.accessioned | 2007-08-01T21:37:39Z | |
dc.date.available | 2007-08-01T21:37:39Z | |
dc.date.issued | 2007-07 | |
dc.identifier | 1094 | en_US |
dc.identifier.uri | https://hdl.handle.net/2027.42/55398 | |
dc.description.abstract | International agreements do not generally address issues of secondary liability for infringement of intellectual property law rights, and there is little international consensus on this topic, even among the major industrialized nations. National laws tend to vary considerably regarding the scope and extent of secondary liability, with U.S. tending to be more liberal with the imposition of such liability than most of its major trading partners. This lack of uniformity in secondary liability rules in the international arena makes the evaluation of infringement liability in that setting uncertain and makes it difficult for business to effectively plan international intellectual property strategies. Given the global nature of modern business activity, the time has come to open serious dialogue on the advisability of creating uniform international standards for secondary liability for infringement of intellectual property rights. Unfortunately, instead of focusing on the full panoply of situations in which secondary liability for intellectual property can occur, and the range of considerations that might affect imposition of such liability, such as notions of respondeat superior, intent, authorization, and control, the current debate has settled on the imposition of secondary liability in the peer-to-peer file-swapping arena. This narrow focus may well make it more difficult, if not impossible, to reach consensus on this important issue. By stepping back and reframing the issue in more general terms of secondary liability outside the digital environment, we can more easily contemplate important questions such as the pros and cons of imposing such liability, the situations in which such liability makes sense, and the manner in which we balance the rights of the public and goals of free trade and markets against the need to encourage innovation by protecting the rights of the innovators. | en_US |
dc.format.extent | 130972 bytes | |
dc.format.mimetype | application/pdf | |
dc.subject | Intellectual Property, Copyright, Secondary Liability, Vicarious Liability, Intellectual Property Rights, Contributory Infringement, Peer to Peer, File-swapping, Digital Copyright | en_US |
dc.subject.classification | Law, History, Communication | en_US |
dc.title | Secondary Liability for Intellectual Property Law Infringement in the International Arena: Framing the Dialogue | en_US |
dc.type | Working Paper | en_US |
dc.subject.hlbsecondlevel | Economics | en_US |
dc.subject.hlbtoplevel | Business | en_US |
dc.contributor.affiliationum | Ross School of Business | en_US |
dc.contributor.affiliationumcampus | Ann Arbor | |
dc.description.bitstreamurl | http://deepblue.lib.umich.edu/bitstream/2027.42/55398/1/1094-Oswald.pdf | en_US |
dc.owningcollname | Business, Stephen M. Ross School of - Working Papers Series |
Files in this item
Remediation of Harmful Language
The University of Michigan Library aims to describe library materials in a way that respects the people and communities who create, use, and are represented in our collections. Report harmful or offensive language in catalog records, finding aids, or elsewhere in our collections anonymously through our metadata feedback form. More information at Remediation of Harmful Language.
Accessibility
If you are unable to use this file in its current format, please select the Contact Us link and we can modify it to make it more accessible to you.