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Intellectual property - a friend or foe of digital trade?

Mimler, M. ORCID: 0000-0002-9457-2506 (2021). Intellectual property - a friend or foe of digital trade?. International Trade Law and Regulation, 27(2), pp. 129-141.


The objects of digital trade are often subject to intellectual property ( IP) protection. The exclusionary nature of IP rights which is deemed to incentivise and reward the creation of new goods, however, is a mechanism developed in the a pre-digital era and can therefore not be seamlessly transposed to digital goods and services. This chapter outlines the Janus-headed nature of IP rights for digital trade, as, on the one hand enabling it while also having the ability to hamper it. It first looks at the interfaces of IP with digitization and trade in order to set the scene and then outlines its effects on digital trade and how regulators have sought to address the issues. The chapter also looks at some current issues of the interface of digital trade and IP, such as digital exhaustion, intermediary liability and the impact of new technologies, e.g. Blockchain technology and NFTs as well as 3D printing.

Publication Type: Article
Additional Information: This is a pre-copyedited, author-produced version of an article accepted for publication in International Trade Law and Regulation following peer review. The definitive published version is available online on Westlaw UK.
Publisher Keywords: intellectual property, digital trade, digitization, Internet, E-commerce, new technologies
Subjects: K Law > K Law (General)
Departments: The City Law School > Academic Programmes
SWORD Depositor:
[thumbnail of Digital Trade and IP MDM 20 July 2022 FINAL with abstract 04012023 .pdf]
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