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Computer piracy is, quite simply, the unauthorised duplication of computer programs. The specific area of the law that deals with computer piracy is copyright law. Copyright law, in turn, falls under the general category of law known as intellectual property law which includes: Patents; Designs; Trademarks; and Copyright. The underlying principle behind intellectual property law is best described by a clause in the constitution in the United States of America, which reads as: " To promote the progress of science and useful arts, by security for limited time to authors and inventors the exclusive right to the respective writings and discoveries". The patent system is becoming increasingly relevant to e-commerce technology developers, financial institutions and service providers. Patent protection should be considered if one develops new technology. One should also ensure that technology one uses does not infringe another's patent.

Statement of the problem:

The definition of intellectual property encompasses any product or idea that results from creative process, research or design. Intellectual property ranging from computer software to pharmaceutical's is protected through copyrights, trademarks and patents. The intangible nature of intellectual property has always made it susceptible to piracy. Piracy occurs when works are reproduced and distributed without the permission of the copyright holders. This definition does not include the simple copying of a computer for backup purposes, but rather the illicit duplication and distribution of computer programs.

Copyright and Trademark Infringement

Ongoing advances in computer and related communications technology mean that intellectual property rights will continue to grow in importance both in business and legal terms. Companies must not only protect and productively use their own intellectual property, but also to ensure that they do not infringe, even unintentionally, the intellectual property rights of other companies. The infringement of intellectual property rights nearly always involves, to some degree, the communication of information, most commonly in selling or offering a product or service for sale. Consequently, the greater your ability to communicate with potential customers, the higher the stakes both in terms of your ability to generate revenue and the potential liability exposure. Should you infringe upon the trademark, copyright, or patent rights of another company, both criminal and civil penalties can be incurred.

International Issues

Copyright protection is particularly important in such industries as printing and publishing, broadcasting, computer software, and entertainment industries. Unauthorised copying of these products occurs frequently in countries where there is inadequate or ineffective protection of intellectual property. The International Intellectual Property Alliance, an organisation representing U.S. copyright-based industries, estimates collective losses of $15 - 17,000 million annually due to copyright piracy outside the United States.

Communique' issued by USA and Ireland on Electronic Commerce

The Governments of the United States and Ireland recognise the importance of global co-operation in the promotion of electronic commerce and the need to reach coherent and effective global solutions in the construction of a seamless environment for electronic commerce and, in this respect, welcome the oppurtunity of building on the principles and guidelines agreed in the US-EU Joint Statement on Electronic Commerce and, in particular, would emphasise:

The key role of industry in developing electronic commerce through the develoment of new services and by helping to set rules for the functioning of this market-place;

That the role of government is to provide a clear, consistent and predictable legal framework, to promote a pro-competitive environment in which electronic commerce can flourish and to ensure adequate protection of public interest objectives such as privacy, intellectual property rights, prevention of fraud, consumer protection, and public safety;

That unnecessary legal and regulatory barrier should be eliminated and the emergence of new ones should be prevented. Where legislative action is deemed necessary, it should not be to the advantage or disadvantage of electronic commerce compared with other forms of commerce;

That taxes on electronic commerce should be clear, consistent, neutral and non-discriminatory; that there should be close co-operation and mutual assistance to ensure effective tax administration and to combat and prevent illegal activities on the Internet;

The strong desirability of continuing the current practice of not imposing customs duties on electronic transactions; and

That it is important to enhance the awareness and confidence of citizens and SME's in electronic commerce and to support the development of relevant skills and network literacy.

Bibliography

1. Patents In Cyberspace : Electronic Commerce Patents by John V. Swinson April 5,1998.

http://www.geocities.com/Eureka/5429/epatents.html

2. WIPO : Intellectual Property Rights Director: Annie Chu

http://apollo.gse.uci.edu/chsmun/WIPO.HTML

3. Protecting Intellectual Property : CopyRights

http://www.arc.org.tw/trade/bg9520e.htm

4. Intellectual property - Technoinsurance.com by Joseph V. Jeat

http://www.technoinsurance.com/ip.htm

5. Computer piracy and the law.

http://www.spoor.com/lib/comppir.html

6. http://act.iol.ie/eagreement.htm

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