Intellectual property encompasses all the tangible and intangible products of the human mind. As a general rule, the creator of intellectual property owns it. For example if you personally create an e-commerce site, it belongs entirely to you have exclusive rights to use this property in any lawful way you see fit. But the Internet potentially changes things. Once intellectual works become digital, it becomes difficult to control access, use, distribution and copying. These are precisely the areas that intellectual property seeks to control.
According to Intellectual Property Right (IPR) creative work is a kind of property. The owner can use, rent and sell his right over the property. He is also given an exclusive right over the use of his work in a certain period of time.
Issues of intellectual property are becoming more significant in the economies of the countries in Central Asia. Since intellectual property is used in many sectors of the economy, priority has been given to the need to change legal and regulatory approaches. All of the countries have adopted and validated laws that guarantee provision of copyright and related rights.
The recognition and protection of IP rights is an international concern. The World Intellectual Property Organization (WIPO), with 179 members, enforces and protects intellectual property around the world.
Several WIPO treaties, along with other international treaties and conventions, set up a framework invoking copyright, neighboring rights and exceptions. In the U.s, the Digital Millennium copyright Act (DCMA) was enacted in 1998 as an amendment to the Copyright Act.
DCMA was started as a global effort by the world Intellectual Organization to prevent copyright music and video from copyright infringement through the use of emerging technologies.
Intellectual property issues in e-commerce:-
The issue of IP rights is at the forefront of controversies surrounding e-commerce .The international character of e-commerce raises questions for the nature of IP law.
The digital economy has the impact on the IP system, namely, copyright and rights, patents and trademarks, which are confronted with new issues created by e-commerce. The evaluation of e-commerce and its relationship with IP is therefore likely to be an intensive and ongoing process, which will require vigilant monitoring of developments.
New issues have emerged with rapid growth of e-commerce in the international marketplace. Digital copyright issues remain at the forefront in controlling piracy-enabling technologies. Trademark issues involve ownership of marks such that they cannot be used as part of the registration of domain names. These illustrate the complexities of maintaining IP right in the digital era.