The Interface Between Intellectual Property and Information Technology Law

Abstract

Over the years, intellectual property (IP) law has developed an increasingly profound link with both technological developments and the rules governing them. IP law is constantly challenged by new waves of technologies as often called to provide protection for them. At the same time, new technologies offer new ways to exploit protected works. Indeed, the more technology has become an autonomous subject matter governed by specific provisions, the more IP law has engaged in a constant dialogue with these provisions. This interaction between IP law and technology has significantly affected the contours of the field. In this chapter, I address the relationship between IP and the rules adopted to govern the specific technologies that are designed to handle information—known as ‘information technologies (IT)’. This set of provisions goes under the name of ‘IT law’. I examine the interface between IP and IT law from the standpoint of the IP scholars who have an interest in technology. In particular, I investigate how the IP/IT interface is, or could be regulated and how the rules regarding IP and IT law interact with each other. There is a circular relationship between law and technology as the former, while governing the latter, is also shaped by it and vice versa.