Research Handbook on Intellectual Property and Digital Technologies
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Research Handbook on Intellectual Property and Digital Technologies

Edited by Tanya Aplin

This Handbook provides a scholarly and comprehensive account of the multiple converging challenges that digital technologies present for intellectual property (IP) rights, from the perspectives of international, EU and US law. Despite the fast-moving nature of digital technology, this Handbook provides profound reflections on the underlying normative legal dilemmas, identifying future problems and suggesting how digital IP issues should be dealt with in the future.
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Chapter 27: Digital tools of intellectual property enforcement: their intended and unintended norm setting consequences

Frederick Mostert

Abstract

The focus of this chapter is the analysis of a selection of contemporary technical tools employed to combat digital intellectual property infringements, notably blockchain, social media tools, blacklisting and whitelisting, follow-the-money tools, domain name tools, search engine deindexing, hack back and active defences, and various notice actions. This chapter will also touch upon novel digital spheres posing challenges for intellectual property enforcement, such as augmented and virtual reality, and identify where potential exists for the use of technical tools and voluntary collaboration. The legal consequences of these tools will be analysed through the lens of online counterfeiting and piracy. The conclusion reached lies in the recognition that norm setting through the use of these technical tools is already de facto and de lege lata, paving the way for new legal norms.

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