E-Business Process Management and Intellectual Property: Issues and Implications

E-Business Process Management and Intellectual Property: Issues and Implications

Kathleen Mykytyn (Southern Illinois University, USA)
DOI: 10.4018/978-1-60566-086-8.ch023
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The emergence of e-business as a viable business model is unquestioned and global in its involvement and impact. Further, the value that intellectual property (IP) in the form of trademarks, copyrights, and patents plays in that medium of doing business impacts businesses, information technology (IT) professionals, academics responsible for IT coursework and programs, and, of course, the legal community. This chapter reviews these IP types with particular emphasis on their relationship and impact on e-business. Relevant legal cases are cited and discussed to provide additional foundation to the e-business community. The chapter also provides appropriate recommendations for e-business in light of these IP issues, and identifies some possible future trends and research issues.
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E-Business Process Management And Intellectual Property: Issues And Implications

The advent of the Information Age has brought about a different way of thinking about how information should be used in both the public and private domain. It has also challenged businesses to take advantage of information technology (IT) in conducting everyday tasks. The introduction of the Internet into the business model, that is, electronic commerce, has not only provided new opportunities and efficiencies for firms, but has also posed threats to them. In particular, firms are confronting numerous issues that today are impacting their intellectual property (IP) assets. All of this is truly a new, virtual frontier. However, computers and the Internet are presenting new and challenging legal questions that may take many years to become well-settled points of law. One area of the law that has been dramatically affected by computer technology is in the field of IP, for example, trademarks, copyrights, and patents. Referring to intellectual property, Ghosh (2002, pp. 454-455) states that:

The field is hot, so to speak, and often eclipses other more compelling issues in the media and legal fora. Intellectual property issues are ubiquitous precisely because intellectual property is the final frontier. Market economies expand and thrive by conquest, and our world has expanded as much as it can geographically. Real property, or land-based systems, offer very few prospects for further exploitation. Personal property similarly offers few remaining challenges for entrepreneurial enterprise….. It is not hard to fathom the importance of intellectual property in commodifying the intangible inputs and outputs of an economy based on the selling of services, whether medical, legal, financial, or entertainment.

Caught in the middle of these emerging e-business issues are the IT professionals, for example, Webmasters, who create and/or maintain a company’s Web site and e-commerce systems. They may feel that their technological expertise in developing and maintaining Web sites is their only responsibility, that is, any social, political, or legal issues are not their concern. Consequently, Webmasters not only have no noticeable knowledge regarding the applicable IP laws, they also have a large dose of disdain for them (Kamarck, 1999). They believe that their job is to drive users to a corporate Web site efficiently and effectively, and without any knowledge of, or belief in, IP laws, they can be creative and successful in their abilities to do so. Consequently, firms may have manipulated the technical aspects of Web-site development without regard for the IP rights of others (Kamarck, 1999).

Underscoring the important role played by IT professionals today is the nature and amount of e-business being conducted today. The U.S. Department of Commerce’s Economics and Statistics Administration publishes an annual report about the digital economy. Its 2003 report, the latest available, indicates that retail e-business activity has shown a 28% increase over the second quarter of 2002, but that the B2B e-business arena has not shown as much improvement and has fallen short of expectations (Digital Economy, 2003). At the same time, as shown in Figure 1, the rise in e-commerce-related lawsuits from 1995 to 2005, comprising trademark, patent, and copyright litigation, attests to the apparent lack of knowledge of IP law by either firms or Webmasters. As shown, the number of Internet-related lawsuits is increasing dramatically, which should be a cause of concern for organizations and information technology (IT) researchers who are investigating various e-commerce issues today.

Figure 1.

E-commerce-related IP lawsuits, 1994-2004

Complete Chapter List

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Table of Contents
Chapter 1
Tobias Kollmann
The fundamental advantages of information technology in regard to efficiency and effectiveness assure that its diffusion in society and in most... Sample PDF
E-Entrepreneurship: The Principles of Founding Electronic Ventures
Chapter 2
Barbara Roberts
An analysis of the role of government in e-business adoption is provided in this chapter, with empirical evidence from Australia included. It is... Sample PDF
The Role of Government in E-Business Adoption
Chapter 3
Firas M. Alkhaldi, Mohammad Olaimat
This chapter discusses the importance of business process simulation, while illustrating the relationship between business process reengineering... Sample PDF
The Role of Simulation in Business Process Reengineering
Chapter 4
Alessandro Arbore
In front of traditional interpretations of the digital gap based on endogenous conditions of the firms, this chapter intends to emphasize the... Sample PDF
Environmental Drivers of E-Business Strategies Among SMEs
Chapter 5
Kari Smolander, Matti Rossi
This article describes the architecture development process in an international ICT company, which is building a comprehensive e-business system for... Sample PDF
Conflicts, Compromises, and Political Decisions: Methodological Challenges of Enterprise- Wide E-Business Architecture Creation
Chapter 6
Vichuda Nui Polatoglu
Nazar Group of Companies has been a leading producer and distributor of cookies, crackers, cakes, chocolate, and other products in Turkey for more... Sample PDF
Nazar Foods Company: Business Process Redesign Under Supply Chain Management Context
Chapter 7
Pericles Loucopoulos, Wan M.N. Wan Kadir
A critical success factor for information systems is their ability to evolve as their environment changes. There is compelling evidence that the... Sample PDF
BROOD: Business Rules-driven Object Oriented Design
Chapter 8
Henk J. de Vries, Florens J.C. Slob
This article describes a best practice model for standardization within companies, based on a process approach to the development of company... Sample PDF
Best Practice in Company Standardization
Chapter 9
Ehap H. Sabri
This chapter explains the best practice in implementing e-business Technologies to achieve business cost reduction and business agility. Many... Sample PDF
Best Practice in Leveraging E-Business Technologies to Achieve Business Agility
Chapter 10
Timon C. Du, Eldon Y. Li
Business process management systems such as the workflow management system and the enterprise application integration system manage process flow on... Sample PDF
Building Dynamic Business Process in P2P Semantic Web
Chapter 11
Michael Weiss
Agents are rapidly emerging as a new paradigm for developing software applications. They are being used in an increasing variety of applications... Sample PDF
Patterns for Designing Agent-Based E-Business Systems
Chapter 12
Jiyong Zhang
Consumer decision support systems (CDSSs) help online users make purchasing decisions in e-commerce Web sites. To more effectively compare the... Sample PDF
Performance Evaluation of Consumer Decision Support Systems
Chapter 13
Nikos Manouselis
E-business processes are implemented through existing, as well as novel technologies. This book chapter focuses on the field of electronic markets... Sample PDF
E-Business Technologies in E-Market Literature
Chapter 14
Jan-Hendrik Sewing, Michael Rosemann
Though Web services offer unique opportunities for the design of new business processes, the assessment of the potential impact of Web services is... Sample PDF
Process-Oriented Assessment of Web Services
Chapter 15
Stanley Oliver
This chapter highlights the importance of e-procurement and the barriers affecting its widespread adoption in the context of small and medium... Sample PDF
Application of Web Services in the Context of E-Procurement: An SME Foci
Chapter 16
Mark Xu, Ravni Rohatgi, Yanqing Duan
The lack of anticipated engagement in e-business by Small and Medium sized Enterprises (SMEs) is a rising concern to the UK government and service... Sample PDF
E-Business Adoption in SMEs: Some Preliminary Findings from Electronic Components Industry
Chapter 17
Avinash Waikar
Small businesses need Internet service to be competitive, and their spending on IT activities continues to grow. How can Internet Service Providers... Sample PDF
How Can Internet Service Providers Tap into the Potentially -Lucrative Small Business Market?
Chapter 18
Dominik Vanderhaeghen
In the chapter, a framework for cross-enterprise business integration management addressing the organizational and technical dimension is developed.... Sample PDF
Process-Driven Business Integration Management for Collaboration Networks
Chapter 19
Damon Aiken
This chapter is designed to answer two fundamental questions related to research on electronic surveys and measures. First, what are some of the... Sample PDF
Measurements in E-Business
Chapter 20
Peter V. Raven
The Internet has changed the way many companies do business, but has also tended to increase the disparity between firms in developed countries and... Sample PDF
E-Business in Developing Countries: A Comparison of China and India
Chapter 21
Dieter Fink, Tobias Huegle
This chapter identifies various levels of governance followed by a focus on the role of information technology (IT) governance with reference to... Sample PDF
A Model of Information Security Governance for E-Business
Chapter 22
Jun Du, Yuan-Yuan Jiao, Jianxin ("Roger") Jiao
This chapter develops a security blueprint for an e-business environment taking advantage of the three-tiered e-business architecture. This security... Sample PDF
A Security Blueprint for E-Business Applications
Chapter 23
Kathleen Mykytyn
The emergence of e-business as a viable business model is unquestioned and global in its involvement and impact. Further, the value that... Sample PDF
E-Business Process Management and Intellectual Property: Issues and Implications
Chapter 24
Ganesh Vaidyanathan
In order to understand the different types of e-business risks, this chapter uses a framework focusing on five dimensions of e-businesses. This... Sample PDF
E-Business Risk Management in Firms
Chapter 25
Jing Quan
Electronic business (e-business) has been popularly lauded as “new economy.” As a result, firms are prompted to invest heavily in e-business related... Sample PDF
Evaluating E-Business Leadership and its Links to Firm Performance
Chapter 26
Claudia-Melania Chituc
The rapid evolution of information and communication technologies, the changing client’s demands, and market conditions impelled enterprises to... Sample PDF
Business Networking: The Technological Infrastructure Support
Chapter 27
Adriana Romaniello, B. Dawn Medlin
This study examines corporate performance effects when banks outsource noncore business processes. Additionally, the article proposes that knowledge... Sample PDF
Outsourcing Non-Core Business Processes: An Exploratory Study
Chapter 28
Joseph Feller, Patrick Finnegan, Jeremy Hayes
It has been argued that competitive necessities will increasingly require OSS companies to participate in cooperative business networks in order to... Sample PDF
Delivering the ‘Whole Product': Business Model Impacts and Agility Challenges in a Network of Open Source Firms
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