Analyzing Intellectual Property Rights in Cyber Security Law

This essay compares and contrasts different approaches to protecting intellectual property in the context of cyber security, specifically examining the perspectives of Berti (2009) and Moringiello and Fleming (2008). It evaluates the strengths and weaknesses of each approach in maintaining control over intellectual property in the online environment, while also considering the protection of individual employee rights. The analysis covers similarities and differences between the two approaches, emphasizing their effectiveness in navigating the challenges of copyright infringement and intellectual property protection in the digital age. The essay also touches upon the impact of copyright terms, fair use, and the role of contract law in addressing electronic transactions and business operations in cyberspace, with references to relevant legal acts and scholarly resources.

Running head: CYBER SECURITY
Cyber Security
Name of the Student
Name of the University
Author note

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Intellectual property may be defined as a commercial product of human intellect,
which is valuable either in the abstract or concrete form like a protectable trademark, human
intellect or a trade secret (Bently & Sherman, 2014). As per the approach of Berti’s (2009), it
can be stated that the intellectual property system is nothing but a crossroads. The developed
countries are said to be more associated with the level of enforcement and perfection as it
have been produced by the living multilateral treaties for protecting the growing intellectual
property interests.
According to Berti (2009), the contemporary era is known to have become
increasingly intricate with the advancement in the technologies, which has made it difficult to
safeguard original works of authorship. The author has attempted to evaluate the issues that
are associated with the copyright infringement. The author further explains the very objective
of the introduction of copyright law, which is to strike a balance between the interests of the
public and the interests of the creators of the original work. Furthermore, the author had
offered some insight with respect to the reduction of the issues that are associated with
copyright infringement.
The copyright system has conventionally maintained a stability between protecting
the property rights of the creators and the exclusive right to control the use of the work
created by the author and the public good that shall be present in fair access and use of such
materials. However, this balance is questioned owing to the advancement of the digital
technologies and the way it has changed the method of accessibility to and usage of such
information (Berti, 2009).
Therefore, it can be stated that this approach has a few strengths as well as
weaknesses. The analysis is done as per the time factor that includes the dynamic analysis
since it always has been required in all the fields of science. In the fields of science, it

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consists of all the socio-economic activities. The analysis is well designed and hence carried
out in this approach by adding necessary information and knowledge by contributing directly
and indirectly for achieving all the superior performances. There have been development
consisting of the technical, scientific, social and economic that has increased majorly.
However, a concept that has emerged roughly in the last three and four decades is
management quality and performances depend on the capacity of the teams. The approach of
human rights to intellectual property generally takes an explicit balance between the rights of
the creators and investors and the basic interests of the wider society within the paradigms of
the intellectual property (Bettig, 2018). However, in an approach it was therefore observed
and analyzed that it somehow differs in a number of regards according to the standards set by
the intellectual property law.
The weaknesses include certain issues that cannot be examined by focusing on the
economics. Science is treated as one of the most international of all the activities that
advances the requirement for the freedom of inquiry and the open availability of scientific
data on an international basis. The implications of the developments in this sphere are plenty.
It can be said that these developments in science have helped to operate these problems of
intellectual property rights into the cyber security, which will help the individuals in future
(Hunter, 2017).
However, it is important to state here that how researchers should significantly
concentrate on the intellectual property rights already prevailing. The implementation of
Intellectual property is of supreme significance to both less developed and developed nations.
While the developed nations have expressed concerns regarding the increase in piracy, the
less developed nations are equally concerned about the lack of protection for original work or
expressions. This is because piracy is the main peril that is responsible for contravention of

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the original work and the rights of the creator. The intellectual property rights ensure that the
rights of the creator or author of the work remain intact without being subjected to any
infringement.
The development of the intellectual property system has given rise to challenging
questions for policymakers, industry executives, commentators and academics. In the words
of economist Fritz Machlup, he exerted, half a century ago that piracy and counterfeiting
could provide benefits to US consumers. Policymakers and industry representatives usually
intend to compare pirated products with goods of inferior quality to earn profits. Hence, it is
incorrect to assume that the pirated products are considered mediocre.
The ultimate challenge concerns the interactions that are carried out with respect to a
country’s competitive position and intellectual property protection. Although it is well-known
that while an effective intellectual property protection is fundamental to American firms,
greater intellectual property protection framework in China is likely to undermine the US
competitive position. Although it might sound counterintuitive, but cannot be completely
ignored and must be taken into consideration. From a long-term competition position, it can
be assumed that an effective intellectual property protection framework that is likely to make
China more innovative and therefore more competitive (Fang, Lerner & Wu, 2017). Such
increased competition will slowly grind down the cutthroat frame that the United States has
been enjoying because of its stronger and more effective intellectual property standards.
The approach used by the author Berti (2009) that in this internet age, copyright law
has been established to strike a balance between the interest of the creators and the interest of
the public. In order to reduce the issues associated with the copyright protection, it has been
suggested that longer copyright terms would be advantageous for corporate coffers. The
provision has been incorporated in the Copyright Act 1976 and the Sonny Bono Copyright

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Extension Act 1998. It will also be profitable for creators and will encourage trade priorities
for the US government. However, modern scholars have criticized this approach on the
ground that the approach fails to recognize the attrition that is caused to the public domain
due to delay in inclusion of worl into the public domain.
The fact those long copyright terms protect works for longer decades, thus, restricting
the public from accessing the information or works, affects the advancement of knowledge.
Nevertheless, the incorporation of such provision within the statutes has weakened the
importance of the public domain by delaying the free availability of materials for public
accessibility including the inspiration to develop new works. The recent changes to the
current laws have also attributed to other copyright issues related to the ‘fair use’ of
information or works created by the author (Hunter, 2017). While some criticize that the
current changes in law have made the corporate go beyond the legal provisions, which had a
detrimental impact on the public’s right to fair use, some consider that such extended
copyright terms have enhanced America’s opportunity to earn profits. It is believed that the
approach adopted by the author regarding balancing the interest of the public and the interest
of the creator which can be achieved using longer copyright terms have not only increased
controls over digital accessibility but has also ensured profitability of copyright besides
promoting trade interest of the United States (Fang, Lerner & Wu, 2017).
According to the approach adopted by Moriengello and Flaming (2008), intellectual
property rights are granted only at a time and to the extent that they support invention. The
cases related to IP rights vary from patent, copyright law and trademark. Several laws have
been applicable to internet copyright infringement cases such as lex loci delicti, lex fori and
lex protectionis rule. As per the lex fori rule, it is assumed that the law of that country shall
be applicable where the court, which is deciding the violation case, is situated. On the other
hand, the legal rule ‘lex loci delicti’ rule states that while determining a case, the law of that

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country shall be applied where the infringing conduct had taken place. Further, the ‘lex
protectionis’ rule stipulates that while determining a case related to IP Protection, the law of
that country shall be applicable for which the IP protection is usually sought (Fang, Lerner &
Wu, 2017)..
In the words of Moriengiello and Flemming (2008), with the progress and
development in the electronic environment over the past decades which is termed as
‘cyberspace law’ courts are currently adapting to the prevailing statutes and the common law
to deal with the new electronic and internet communication transactions (Albert & Whitesel
& Saret, 1999). New laws and statutes are being passed surrounding the cyberspace and
electronic transactions for regulating the new ways of carrying out the business operations in
this internet age.
In the context of protection of intellectual property rights in business operations,
contract law is an area in which courts are effectively applying the common law to deal with
new challenge that are presented by electronic presentation of contract terms. In contract
cases, issues related to modification of online contracts are dealt with by adding law on
formation, incorporation by reference and unconscionability. Electronic payment systems
give rise to several issues to the regulators, legislators and current courts. Thus, Moringiello
and Fleming (2008) believes technology has provided the people with the medium to reach
wider audiences and has enabled people to innovate, distort, edit, audit and redistribute
sounds and words or images
From the above facts, it can be inferred that the only similarity between the above two
approaches is that the authors aim at safeguarding the interests of the creators and that of the
public. Both the approaches aim at safeguarding the invention of the creators by granting
them temporary monopoly or ownership of exclusive rights for a particular period. The other

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significant similarity between the two approaches is that it focuses on the protection of
intellectual property rights in the internet age or as cyberspace law that has brought about
several changes to the conventional concept of copyright system as Internet has enhanced the
possibilities making piracy more popular.
Both the approaches aim at enabling businesses to navigate the internet world of
information, commerce, retail, exchange of social networking and information and yet
safeguard its business methods, ideas, creativity which are valuable assets of a business from
being misappropriated or copied. The intellectual property rights including copyrights, trade
secrets, patents not only ensure protection of works but also safeguard the rights of
individuals or the original creator of such works. This is done by entitling them to be the
owner of their works for a fixed period of time and their works can only be used by other
persons through licensing or transferring of their individual rights. According to the
Moriengello and Flaming (2008), trademark is considered as the most recognizable
characteristics of most businesses compared to copyright protection as it can instantly convey
the knowledge of reputation, product affiliation and others.

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References
Albert, G. P., & Whitesel & Saret Laff. (1999). Intellectual Property Law in Cyberspace (pp.
416-17). Bureau of National Affairs.
Bently, L., & Sherman, B. (2014). Intellectual property law. Oxford University Press, USA.
Berti, J. (2009). Copyright infringement and protection in the internet age. IT Professional
Magazine, 11(6), 42-45. doi:http://dx.doi.org.proxy1.ncu.edu/10.1109/MITP.2009.118
Bettig, R. V. (2018). Copyrighting culture: The political economy of intellectual property.
Routledge.
Copyright Act 1976
Fang, L. H., Lerner, J., & Wu, C. (2017). Intellectual property rights protection, ownership,
and innovation: Evidence from China. The Review of Financial Studies, 30(7), 2446-2477.
Hunter, D. (2017). Cyberspace as Place and the Tragedy of the Digital Anticommons. In Law
and Society Approaches to Cyberspace (pp. 59-139). Routledge.
Moringiello, J. M., & Fleming, M. F. (2008). More electronic communication, more
challenges: Introduction to the 2008 survey of the law of cyberspace. The Business Lawyer,
64(1), 153-156. Retrieved from
http://search.proquest.com.proxy1.ncu.edu/docview/228475074?accountid=28180
Sonny Bono Copyright Extension Act 1998

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