Infringement of Copyright and Trade Marks in Electronic Commerce: A Kuwaiti and Comparative Approach

Abstract

Electronic commerce1 has become a phenomenon which has taken the world by storm, since the Internet has proven to be the fastest growing means of communication. This phenomenon involves a broad class of activities which are generally understood to be associated with the use of a computer and the Internet to trade goods and services in a new, direct and electronic manner.2 E-commerce or on-line contracts is a phenomenon which is not costly to the seller, and which gives the buyer more choice.3 The relevant area of law has a wide ambit. It raises the problems of the formation of the contract, electronic signatures, burden of proof4 and jurisdiction. Also, one clear example of this phenomenon involves the formation of new intellectual property rules aimed at the transmission of protected material over the Internet.s It is important to note that electronic commerce will to a large extent depend upon the reliability of legal norms developed to control the Internet's content. Therefore, if intellectual property holders feel that their interests are secured from piracy, then they can participate sufficiently in the electronic marketplace. Hence, the problem of the misuse of intellectual property has arisen in this context.