Table of Contents

Research Handbook on International Law and Cyberspace

Research Handbook on International Law and Cyberspace

Research Handbooks in International Law series

Edited by Nicholas Tsagourias and Russell Buchan

This timely Research Handbook contains an analysis of various legal questions concerning cyberspace and cyber activities and provides a critical account of their effectiveness. Expert contributors examine the application of fundamental international law principles to cyberspace such as sovereignty, jurisdiction, state responsibility, individual criminal responsibility, and intellectual property rights. In addition to this, they explore the application of international law rules to cyber terrorism, cyber espionage, cyber crime, cyber attacks and cyber war and discuss the cyber security policies of international and regional institutions.

Chapter 4: Cyberspace and intellectual property rights

Andreas Rahmatian

Subjects: law - academic, internet and technology law, public international law, regulation and governance, terrorism and security law


The cyberspace cannot be conceived as being fragmented into national jurisdictions, because the cyberspace necessarily operates worldwide. In contrast, intellectual property rights are still territorial in nature: they can be studied in relation to copyright protection in general and of computer software in particular, in relation to patent protection of computer-implemented inventions, and, to a lesser extent, with regard to trade mark/domain name protection. However, intellectual property protection has been standardised by international conventions, especially the TRIPS Agreement. This standardisation has also loosened the territoriality principle that governs intellectual property rights. An international convention for the regulation of the cyberspace would have to address the problem of territoriality of intellectual property rights and perhaps consider the establishment of an international organisation for the monitoring and policing of such a convention.

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