Journal of Intellectual Property Rights

Joseph A. Klien ¹, P. M. Rao ², Manoj Dalvi ²

Affiliations
1 Fisher Broyles LLP, 445 Park Avenue, Ninth floor, New York -10022, US
2 Long Island University, CW Post Campus, 720 Northern Blvd, Greenvale, New York - 11548, US

Abstract

This paper will examine legal and marketing implications of certain Internet technological developments impacting competition and consumer protection in cyberspace. The paper will explore to what extent antitrust and consumer protection laws are adequate to deal with the challenges to a competitive marketplace and consumer privacy posed by the development of cyberspace technologies and markets, for example, Internet search engines, social networks and wearable devices. The paper concludes that legal tools for protecting a competitive cyberspace marketplace are fairly robust, while the legal tools to protect consumers from being tracked and profiled by marketers and from the potential intrusions of individual privacy made possible by even more advanced Internet connected sensor and related data-based technologies are still a work in progress. At the same time, the extent of further government regulation in this area must be carefully balanced so as not to unduly restrict data dependent innovation.

Keywords

Consumer Privacy, Cyber Security, Economics, Exclusivity, Social Media Networking, Google, Facebook, Apple, Internet Usage,header Should Be Klie EU Commission, Public Policymakers, Digital Marketing, Consumer Privacy Protection, Competition Commission of India, U.S. Antitrust Law, United States Federal Trade Commission.

Full Text