Consider the extent to which firms within the UK post Hargreaves are now better placed to engage with eCommerce

our site CUSTOM ESSAY WRITING DISSERTATION exercisingIntroductionIn the period prior to the commissioning of the Hargreaves Review by the government, concerns were raised by the government that the UK was non in a sufficiently strong position when it came to encouraging rational office and technology growth, especially when competing with other jurisdictions. As a outcome, the Prime Minister commissioned a check over in November 2010, which aimed to feeling at the ways in which intellectual dimension could be mappingd to achieve growth in the deliverance. The propose of this story is to look at the bear on of the Hargreaves Review and to consider what this fashion to firms facial expression to engage with e-commerce. Although the review aimed to look at the broader skips of the intellectual property frame go away, it has clearly had a greater jounce on certain industries, including those pleasant with e-commerce1.The government has largely adopted the findings of the Hargreaves Review in the report of tertiary August 20112 and these gull been included in the Enterprise Regulatory tame movement 2013 which received Royal Assent on 25th April 2013. These edible volition be considered alongside the background and the perceived problems that the review was feeling to tackle, before looking at the likely continue this would then go by dint of on all aspects of intellectual property, as salubrioushead as on e-commerce, in oecumenical. Finally, conclusions de role be drawn3BackgroundA positive calve of the report is tapered on the fact that intellectual property is an grievous aspect of achieving growth. Moreover, the government views intellectual property as a intend of stimulating economic growth and this is in any case seen to be the case for online action associated with typical e-commerce transactions, with the ability of companies to buy and sell items or in rig to start an online presence4. Intellectual property virtu es must necessarily adapt and change to appoint with touch circumstances the technology itself must also depart much more(prenominal) forward thinking. There be concerns however that procure law is beginning to act in a way that creates barriers for the culture of sweet and innovative product ideas. But, on the flipside, in the event that companies be satisfactory to act entirely freely, there would be no inducing to invest and the ability of e-commerce companies in the UK to compete internationally, as others simply sire along and take on board their investment and thoughts for their own benefit5.The taper of the review was on the intellectual property frame piddle and this extends beyond strictly looking at e-commerce, which care fors with the buying and selling of products and services online. However, for the purposes of this report, m some(prenominal) of the findings relating to intellectual property, in general, raise be seen to be directly linked to the vol tage stimulation of growth inside e-commerce. In order to consider the impact that the Hargreaves Review go away pick up on e-commerce, specifically, it is first necessary to look at the incompatibleiate proposals that emanated from the review and how these have then been adapted or applied by the government.Key Changes ProposedThe key fruit changes that were proposed by the review include6 worldly concern of a digital copyright give-and-take, to make it much easier for organisations, including those that operate but online, to license copyright protected works to introduce a general right in order to allow idiosyncratics to use work where it is not realistic to find the rootage to slip certain limits on the use of copyright, so that issues, e.g. non-commercial research and format shifting, are not seen to be an ravishment the introduction of a small claims track to the patents County Court, in order to make enforcement easier for SMEs also, to support SMEs, it has been a dvised that there should be an investigating into the impact of having patent clusters and the ability of an SME to grow and evolve a focus need to be placed on assisting SMEs in getting appreciate from the IP that they have established and the provision of mediation services to deal with intellectual property disputes in a much more cost- in force(p) and commercially minded way.There are septuple process ground changes proposed as part the review however the actual implementation is the on-going focus of this paper with particular reference to how the occupation of these changes forget probablely impact on the UK e-commerce arena. Broadly speaking there are dickens key perspectives, the need to protect the position of companies without potentially increasing the regulatory burdens and preventing the association themselves from beingness involved in the infringement of intellectual property rights. By looking at the government approach to each of the recommendations, t his issue loafer be explored in more detail7.The conclusion reached by the Hargreaves review that intellectual property is important for growth needs to be interpreted seriously and is a key merit of the proposals. More specifically, the review notes that the justification of intellectual property needs go beyond simply looking at the core intellectual property industries, but is also applicable to a extensive variety of industries, some of which are operating through with(predicate) e-commerce alone. In m whatever cases, there may be useful ideas and work that is prevented from being used, simply because the author cannot be located or leave cannot be obtained8.Of particular interest to e-commerce in the UK is likely to be the split scrap statement that the current intellectual property nuclear framework is move behind the technology infrastructure available for these types of firms consequently, in order to upgrade any form of innovation within e-commerce, it is necess ary to have a framework in place to protect this type of investment9. Copyright modernisation within the E-Commerce Arena, The Pros and ConsThe establishment of the digital copyright exchange is one of the substitution recommendations which are likely to have a direct impact on e-commerce firms, as well as on other industries that have a degree in reliance on digital copyright. This is one of the key benefits and merits associated with the proposal and is worthy of particular note. The review requires the government to consider ways in which it can convey an effective market to copyright licensing, which can take control of the market when it is not emerging of its own right. By creating excess copyright exchange, the UK government is able to ensure that a more efficient marketplace is caterd for both owners and purchases. This makes it considerably easier for those involved in copyright, whether as an owner or a purchaser in the purchasing and give of licences, the e-commerce arena becomes much more transparent, with a agreeable approach that is relatively easy to follow due to the fact that there is one consistent digital exchange. This would enable e-commerce organisations either to purchase licences or to sell licences in a manner that is consistent and transparent to all parties, thusly qualification it more viable to invest in copyright. It would also enable the company to gain access to copyrighted material, so that it can then develop the business without being thwarted by authors that cannot be located or similar blockages in the availability of copyright licences.The issue of copyright safeguard is argued to be the fundamental area of reform for e- commerce organisations post Hargreaves and leave alone be the focus here, in order to gain a realistic understanding of the impact of this review on e-commerce, in general. Several different issues need to be looked at from a practical perspective, including the fact that businesses will often be prevented from gaining access to info, due to the lack of availability of copyright licences. Other issues include the businesses themselves complaining that it is thorny to enforce remedies and that copyright is super complex when dealing with online violations, something which is likely to be particularly prevalent within e-commerce organisations.Regardless of the perspective being taken by each individual organisation, the fundamental argument presented by the review is that the framework for copyright law across the European Union, including the UK, is simply no longer reflective of the digital economy and e-commerce activity, from a technical perspective. Redressing the balance is a key part of the review and is likely to be the area that has the most practical impact on e-commerce. In order to consider the real impact of these changes, deuce distinct stages will be undertaken the first to identify the arguments for reforming copyright the second to look at the approach t aken by the policymakers and the practical application of these changing policies.The review placed a heavy emphasis on noting that the digital economy is central to economic growth, with e-commerce being a fundamental part of the digital economy. Evidence from the European Commission has luffn that creative industries are increasing at a rate of approximately 3.5%, in the UK, compared to an reasonable across all industries of just 1%. This shows just how important it is to have the appropriate framework in place to support the digital economy and to ensure that those engaging in areas such as e-commerce have a framework within which to operate, effectively10.As noted by the European Commission11 it wants to work towards a copyright framework that guarantees effective recognition and remuneration of rights holders in order to provide sustainable incentives for creativity, cultural diversity and innovation opens up greater access and a wider choice of legal offers to end users allo ws impertinently business models to emerge and contributes to combating illegal offers and piracy.The digital copyright exchange was looked at as a potential fortune by the UK government, with the sign phase of the digital copyright now being recognised as a crucial aspect to online business and offers a real prospect for e-commerce for those organisations to gain a much clearer idea of where copyright is owned and how it can then be licensed. As noted by Hargreaves an automated e-commerce website or network of websites which allows licensors to set out the rights they wish to license and allows licensees to acquire those rights from the licensors. Although work up has been made in this area, it is unlikely that this digital copyright exchange will be able to operate as a marketplace whereby any organisation can simply log on, but kinda the additional copyright exchange facility will enable an entity to interact with others through the hub created, in a way that may not have b een possible previously. This is a fundamental step forward for those involved in e-commerce12.Although no singular digital copyright exchange has yet been established, the government and surrounding policies towards achieving this will have a dramatic impact on a variety of industries, most notably those that have historically found it difficult to manage and control copyright licences and to deal with online infringement. Despite the recognition of the potential benefits of this type of copyright exchange, the parliamentary report notes that it is crucially important that any overall digital copyright exchange which is established must not increase the regulatory burden for those engaged in e-commerce, while soothe offering more consistent protection and hydrofoil within the system13. trustworthy copyright exceptions have been suggested by virtue of the Hargreaves Review, with content mining being one of the more controversial proposed exceptions. The Hargreaves review defines c ontent mining as being the automated analytical techniques such as text and data mining work by copying existing electronic information, for subject articles in scientific journals and other works, and analysing the data they contain for patterns, trends and other useful information. The parliamentary report has raised concerns that this type of interaction will jeopardise primary markets when it comes to copyright works and these types of arrangements should be dealt with in contractual solutions, rather than creating a global copyright exception. By having these exceptions in place however it is argued that some of the potency of the reforms would be lost and unnecessary complexities experienced, adding to the administrative burden. The extent of the copyright exceptions are also likely to have a dramatic impact on the practical operation of the Hargreaves Review therefore warranted an element of discussion in its own right. Although there have been far-famed discussions as part of the parliamentary report established a result of the Hargreaves Review, the content of the Enterprise and Regulatory Reform Bill 2013 has now been presumption Royal Assent on 23 April 2013, in order to deal with many aspects of the Hargreaves Review and make them statutory provisions.Some of these key changes will potentially have a dramatic impact on e-commerce. The 2013 Act has presented the Business Secretary with a much wider range of opportunities to create new rules, in order to deal with the management of orphan works, i.e. works whereby no author can be found. The Intellectual belongings Office is running(a) towards creating a situation whereby, provided an organisation or individual can show that they have made a diligent search for the original owner, the authors works can then be licensed to them, thus creating opportunities for those involved in e-commerce to gain access to previously out of stock(predicate) material. It also presents a potential challenge whereb y the commerce organisations need to be more forward thinking when protect their own copyright. This creates some difficulty of leeway and from an administrative point of view for the organisations looking to implement these requirements.As well as the changes brought in by the 2013 Act in the UK, the government is silent looking at various aspects of the EU Commissions digital Agenda for Europe, which has the underlying purpose of ensuring that cross-border e-commerce is more transparent, with little or no obstacles when trading across the EU digital single market. Furthermore, a wide variety of factors were perceived to be relevant in terms of establishing an efficient digital single market, many of which are likely to have a dramatic impact on the e-commerce industry, particularly when it comes to establishing a framework for protecting its own copyright position, as well as dealing with the opportunity to utilise information and data that would be easily be unavailable due to the author not being readily identifiable14. The Future for E-CommerceBy looking at the various different elements of the Hargreaves Review as well as the issues are being taken forward by the UK government, as well as the EU Commission looking at the psychiatric hospital of a single digital market, there are several key factors being driven into the future, with the likelihood of having a direct impact on firms operating within the ecommerce arena.The key impacts that have been identified in this paper have been done with the recognition that many of these proposals remain as proposals, rather than specific rules and regulations that have yet to be implemented. There are multiple elements of the Hargreaves Review and the e-commerce conditions post-Hargreaves Review, which are worthy of recognition and are likely to have a dramatic impact on e-commerce, in the UK, in the long-term. The constrict to create an EU single market, therefore, is likely to be one of the study driving fa ctors, with UK firms being able to operate across the entire EU, with no barriers. While this increases opportunities, it also potentially increases competition and requires those engaged in e-commerce in the UK to become much more astute, in terms of what is happening right(prenominal) their immediate jurisdiction.It is also suggested that the digital copyright exchange is going to provide a much more robust framework for those engaged in e-commerce to protect their own position, particularly when dealing with online violations of copyright which are change state increasingly prevalent in certain industries, such as music and photography, in recent years. Fundamentally, it is concluded in this paper that the real impact is the fact that IP has brought to the attention of the legislators and has required the UK government to consider what it needs to do for the future so that those engaged in e-commerce to be able to protect their own position and to become on a level playing fie ld with other jurisdictions. It is this recognition of the need to create transparency and to deal with many of the historic difficulties in this area that is likely to have the greatest impact, regardless of the proposals which are actually enacted in the long run.ReferencesBakhshi, H., Hargreaves I. and Mateos-Garcia, J (2013( A Manifesto for the Creative preservation, London Nesta.Brinkley, I and Lee, N (2007) The cognition Economy in Europe A Report prepared for the 2007 EU Spring Council, London Work Foundation.European Commission, (2012) Proposal for a directional of the European Parliament and of the Council on Collective Management of Copyright and related to Rights and Multi-Territorial Licensing of Rights in Musical Works for Online personas in the Internal Market, COM(2012) 372 final, capital of Belgium European Commission.Ghafele R and Gibert, B (2012) The Economic Value of Fair Use in Copyright Law Counterfactual Impact Analysis of Fair Use Policy on Private Copying Technology and Copyright Markets in Singapore, MPRA, 2012.Hargreaves, I (2011) Digital Opportunity An Independent Review of Intellectual Property and egress, London Intellectual Property Office.Manyika et. al., (2011) Big Data The Next margin for Innovation, Competition and Productivity San Francisco McKinsey Global Institute.Mettler A and Williams, A (2012) Wired for Growth and Innovation How Digital Technologies are Reshaping Small- and Medium-Sized Businesses and Empowering Entrepreneurs, Brussels Lisbon Council.OECD, (2012) Internet Economy Outlook 2012Samuelson, P, (2010) The Copyright Principles Project Directions for Reform, Berkeley Copyright Principles Project.Veugelers, R. 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