The ICT and Enforcement of Intellectual Property Rights

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Table of Contents

Introduction
Summary
Analysis
Conclusion

Introduction

The article entitled “The Information and Communication Technologies and Enforcement of Intellectual Property Rights: A Relationship Perspective” was written and published in the journal of World Intellectual Property by Rao, P.M., Borg, E. A. and Klein, J. in the year 2008. This article analyzed the laws governing open software licensing and intellectual property. Several suggestions have been offered by the authors on how these laws can be adjusted to ensure that the business environment is conducive to economic prosperity and sustainability. Relationship marketing that is based on mutual trust and understanding is a better alternative to the current strict enforcement of the intellectual property rights regulations. However, it should be applied alongside other regulations to ensure the sustainability of the businesses.

Summary

The article examines the available regulations on Intellectual Property Rights (IPRs) and their relationship to Information and Communication Technologies (ICT). The authors begin by acknowledging that Open Source Software (OSS) is a challenge in the application of the IPRs in the ICT sector of the economy. The article advocates for the establishment of a relationship marketing strategy as the best alternative that will ensure the sustainability of the ICT sector due to minimizing losses. The available IPRs regulations are very tough and expensive and thus tend to minimize their effectiveness.

The article has four distinct approaches. It begins by analyzing the relationship strategies that offer intellectual property (IP) protection. These strategies involve end-user marketing and how the services are marketed. This is achieved through the establishment of coherent exchanges. The article iterates on several factors that affect the process. This involves legal bonds, cooperative norms, information exchange, cooperation, and operational linkages. This approach is customer-oriented and focuses on retaining the customers by establishing mutual respect and understanding. In the ICT sector, it is implemented by the provision of free software that attracts customers.

The second approach of the article examines the importance of intellectual capital and its role in the international economic processes. Currently, the available legislations as well as other ways of preventing piracy have proven to be ineffective in eliminating the problem. This has limited the influence of IP in economic development. Presently, it is very expensive to establish and maintain the ICT sector. This has compelled several companies to resolve in applying secrecy in preventing theft and piracy. The study revealed that 36% of the software installed on computers is pirated. The paper describes how piracy has played a major role in the survival of the ICT sector of the economy. Piracy has also been noted as one of the aspects that increase market penetration and therefore allow increased usage and demand of the software. Increased usage of OSS has also opened up the market thereby allowing businesses to sell third-party software through the OSS.

Furthermore, the article examines the available legislation on closed and open software licenses. These laws are meant to protect software owners’ IPRs. The legislations also provide legal information regarding copyright, trade secrets, and patent protection. The article describes the various laws that protect the owner as well as the user of the software. All information involving how these licenses work has been described in the article. Another important area that has been analyzed in the article is open source licensing. This is a form of licensing that allows users to access free software. The limitations are also highlighted. Cases such as losses associated with claims of improving free software are iterated. These laws only protect the owner of the software and as such, the end-user has no legal grounds of raising concerns on the implications that may accompany the application of the software.

The article concludes by highlighting the difficulties that accompany the strict application of the IPRs in the ICT sector. The authors reaffirm their argument that relationship marketing (whereby the end-user of the products and the services are closely involved in the process of executing the business process) is the best alternative. In this approach, the authors visualize the possibility of a quick spread of the software in the market with minimal interference from tougher regulations. Moreover, companies will not struggle to reclaim their revenues due to the good relationship that exists between them and customers. This strategy is also envisioned as a way that could bridge the gap between closed and open software.

Analysis

The article has been well researched with numerous authentic sources. It is therefore a credible source of information that can revolutionize the ICT sector. From the article, it is evident that the current legislation on IPRs is ineffective in protecting the ICT sector. The available laws are very expensive to initiate and execute. Furthermore, strict adherence to the regulations negatively affects business in the ICT sector bearing in mind that the marketing process is quite cumbersome. This limits the market penetration of ICT products and services. The comparison between open source software and closed source software shows a lack of commitment in the implementation of IPRs due to the fear that such tough regulations will negatively influence the business.

It is also evident that as much as piracy slows down the development of the ICT sector, it offers a very effective marketing strategy for the products and services. Piracy floods the market with the products and therefore increases their demand due to high usage of the products and services. This explains why there is a failure in terms of the regulations governing piracy, copyright, patents, and secrecy in the ICT sector.

The authors offer a formidable solution to the current crisis in the ICT sector. The solution involves the use of a customer-oriented marketing strategy and the withdrawal of strict regulations governing IP. As much as the authors are convinced that these are effective ways of increasing the market share and countering piracy, they do not offer a breakdown of how the method can be effective. The method can be effective although the time that will be taken to solicit a significant customer base may belong. Allowing people to access closed wares through dubious means is tantamount to cultivating a very bad culture that can negatively influence several businesses. The authors ought to have established a better way of increasing the market share of businesses in this sector. Moreover, the authors do not critically analyze the sustainability of the strategy.

Conclusion

Laws are used to regulating myriads of business practices. Complete withdrawal of the application of the IPRs in the ICT may be disastrous. Several businesses will easily be rendered ineffective because of unregulated piracy. Overdependence on trust is extremely risky as a business strategy. This strategy has a better chance of relaying better results provided that the laws are still in place to regulate extreme cases. This will ensure that a genuine customer base is developed toward the sustainability of businesses.

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The ICT and Enforcement of Intellectual Property Rights

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