Suchergebnisse

Abstract
Progress of hardware technologies and diffusion of computer knowledge enable consumers to crack software if they decide to use software illegally. This paper constructs a software market in which consumers are horizontally differentiated in accordance with social norms of copyright protection to examine the monopolistic producer's software protection behaviors with considering partial compatibility between genuine and cracked software as well as utility loss from using cracked software. Our research presents the following results. First, when network externalities are weak, the monopolist would set a degree of protection which induces existence of software cracking to enhance consumers' willingness to pay for genuine software by improving network benefits. Conversely, if network externalities are sufficiently strong, then software producer would set a degree of protection which stop software cracking completely. This implies that stopping software cracking is not possible without network effects. Second, if utility loss from using cracked software is severe (mild), then strengthening (weakening) network externalities or lowering (raising) compatibility may reduce the number of consumers using cracked software and increase software producer's profits consequently. Finally, we show that the monopolistic producer tends to over-protect software when genuine and cracked software are highly compatible or network externalities are relatively weak which results in inadequate consumers using cracked software for social optimum.

This article begins by examining the unique political circumstances of Puerto Rico, as a territory of the United States. It then explains the different federal and national systems that govern patent and copyright protection in Puerto Rico. The article details the conflict between the two systems and outlines the way the federal laws of the United States take precedent over the local laws of Puerto Rico in the areas of copyright and trademark. It analyzes the laws of Puerto Rico which provide protection for "moral rights" in the European tradition, which the United States does not recognize. The article also discusses trade secret and trademark protection of software under the Puerto Rico Trademark Act of 1991 and the federal Lanham Act. It analyzes the types of protection afforded by the Lanham Act: consumer confusion protection, trade dress protection and deceptive or disparaging address protection. It discusses criminal protection of software in Puerto Rico and concludes by describing Puerto Rico as "the most software friendly jurisdiction South of the Border."

This article begins by examining the unique political circumstances of Puerto Rico, as a territory of the United States. It then explains the different federal and national systems that govern patent and copyright protection in Puerto Rico. The article details the conflict between the two systems and outlines the way the federal laws of the United States take precedent over the local laws of Puerto Rico in the areas of copyright and trademark. It analyzes the laws of Puerto Rico which provide protection for "moral rights" in the European tradition, which the United States does not recognize. The article also discusses trade secret and trademark protection of software under the Puerto Rico Trademark Act of 1991 and the federal Lanham Act. It analyzes the types of protection afforded by the Lanham Act: consumer confusion protection, trade dress protection and deceptive or disparaging address protection. It discusses criminal protection of software in Puerto Rico and concludes by describing Puerto Rico as "the most software friendly jurisdiction South of the Border."

The TRIPS agreement made significant advances over the pre-TRIPS international regime with respect to the protection of computer software. There are at least two significant advances. First, computer software protections have been embedded into the new dispute resolution procedures. Second, both object and source code are protected under the copyright sections of the Agreement. The dispute resolution procedures provide back-end protection (protection after offenses have occurred), while new copyright provisions provide affirmative front-end protection (protection deterring such offenses). However, the Agreement could have, and should have, gone farther to protect the software industry. By not formally deciding on the ability to patent software per se, the TRIPS agreement simply reiterates one of the major shortcomings of the pre-TRIPS international computer software protection regimes. As this article will show, leaving the decision of patentability to the sole discretion of domestic policymakers ensures that consistent global protection of software will be virtually impossible to achieve. To the extent that countries offer the patent protection of software per se, in addition to copyright and dispute resolution legislation, computer software will be well protected by the overlap of the three. However, where patents will not be granted for software per se, computer software will be underprotected. Furthermore, this lack of harmonization will impose additional administrative burdens on patent holders.

We are moving through the era of technological innovation, artificial intelligence, Industry 4.0, as it is called. The integration of smart technology into all sectors of society is a reality and a mean to facilitate and simplify everyday life. In this information technology industry, the development of new technology achievements influences and inspires the business world, serves and contributes to the progress of society. This rapidly evolving technological advancement needs a legal framework in order to obtain social and commercial status. Patent Law is the legal science and patent is the legal tool that adds value to intangible assets and therefore technology scientists are motivated to ensure their invention with a patent and also dominant technology enterprises are competing for the development of a strong patent portfolio. This doctoral thesis deals with the legal frame that Patent Law provides for an inventor to grant a European patent or an international one. In addition, for the first time in Greece, combining the fields of Intellectual Property Law and technological innovation, in this thesis, a survey is conducted using a questionnaire that was distributed in 2019, to graduated students of technology institutes in Greece. The purpose of the survey is to clarify the knowhow of students as for the legal aspects of technology. Regarding the results of the survey, it is vital to apply measures in education, for the next generation technical inventors to have the knowhow of utilizing their intellectual asset in their own free will. Further, this thesis introduces and presents smart technology and its application in society, by directly exploiting the Internet of Energy (IoE) and the Internet of Things technology (IoT) into distributed energy systems, with the aim to achieve energy efficiency, to avoid energy wasting, and improve environmental conditions. In addition, this thesis refers to European's Union legislation for the gradually transformation of the building potential of all European Member States ...