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

our identify CUSTOM ESSAY WRITING DISSERTATION EXAMPLEIntroductionIn the period prior to the taboofit of the Hargreaves rumpvass by the governing, concerns were raised by the government that the UK was not in a sufficiently truehearted position when it came to encouraging expert property and technology growth, peculiarly when competing with other jurisdictions. As a result, the superlative Minister commissi whizd a criticism in November 2010, which aimed to look at the ways in which bright property could be used to achieve growth in the prudence. The purpose of this paper is to look at the invasion of the Hargreaves Review and to mean what this means to firms looking at to engage with e-commerce. Although the recapitulation aimed to look at the broader issues of the intellectual property frame wager, it has clearly had a greater extend to on certain industries, including those engaging with e-commerce1.The government has generally adopted the findings of the Hargr eaves Review in the identify of 3rd August 20112 and these contract been embarrassd in the effort Regulatory Reform Act 2013 which received Royal Assent on 25th April 2013. These provisions pass on be considered alongside the background and the perceived problems that the review was looking to tackle, before looking at the belike impact this would and so seduce on all aspects of intellectual property, as well as on e-commerce, in general. Finally, conclusions lead be drawn3BackgroundA wakeless burst of the authorship is focused on the detail that intellectual property is an meaning(a) aspect of achieving growth. Moreover, the government views intellectual property as a means of stimulating economic growth and this is in addition seen to be the case for online activity associated with typical e-commerce transactions, with the power of companies to buy and sell items or in browse to protest an online presence4. Intellectual property laws must unavoidably adapt and c hange to fill with surrounding circumstances the technology itself must as well become a good deal to a greater extent than forward thinking. there ar concerns however that procure law is beginning to act in a way that creates barriers for the development of new and innovative product ideas. But, on the flipside, in the event that companies be sufficient to act entirely freely, there would be no incentive to invest and the ability of e-commerce companies in the UK to compete internationally, as others simply come along and gather in on board their investment and thoughts for their bear benefit5.The focus of the review was on the intellectual property framework and this extends beyond purely looking at e-commerce, which deals with the buying and selling of products and services online. However, for the purposes of this report, virtually(prenominal) of the findings relating to intellectual property, in general, prat be seen to be at a time linked to the potential stimul ation of growth within e-commerce. In entrap to consider the impact that the Hargreaves Review will have on e-commerce, specifically, it is first necessary to look at the key proposals that emanated from the review and how these have then been adapted or applied by the government.Key Changes ProposedThe key changes that were proposed by the review include6 concept of a digital right of first publication substitution, to gift it much easier for organisations, including those that operate solely online, to license copyright defend works to introduce a general right in order to allow individuals to use work where it is not possible to find the author to place certain limits on the use of copyright, so that issues, e.g. non-commercial seek and format shifting, be not seen to be an infringement the introduction of a small claims track to the evidents County Court, in order to make enforcement easier for SMEs excessively, to support SMEs, it has been advised that there should be an investigation into the impact of having patent clusters and the ability of an SME to grow and evolve a focus ineluctably to be placed on assisting SMEs in getting value from the IP that they have established and the provision of mediation services to deal with intellectual property disputes in a much more cost-effective and commercially minded way.There are multiple process based changes proposed as part the review however the actual carrying into action is the ongoing focus of this paper with particular reference to how the application of these changes will potentially impact on the UK e-commerce arena. Broadly speaking there are two key perspectives, the select to protect the position of companies without potentially change magnitude the regulative burdens and preventing the company themselves from be involved in the infringement of intellectual property rights. By looking at the government approach to each of the recommendations, this issue can be explored in more detai l7.The conclusion reached by the Hargreaves review that intellectual property is important for growth needs to be taken seriously and is a key merit of the proposals. More specifically, the review notes that the protection of intellectual property needs go beyond simply looking at the core intellectual property industries, but is also relevant to a wide vicissitude of industries, some of which are operating through e-commerce al one(a). In many cases, there may be useful ideas and work that is prevented from existence used, simply because the author cannot be dictated or permission cannot be obtained8.Of particular interest to e-commerce in the UK is probable to be the second narration that the current intellectual property nuclear framework is falling behind the technology infrastructure useable for these types of firms therefore, in order to encourage any form of innovation within e-commerce, it is necessary to have a framework in place to protect this type of investment9. C opyright Modernisation within the E-Commerce Arena, The Pros and ConsThe establishment of the digital copyright throw is one of the central 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 fitting of particular note. The review requires the government to consider ways in which it can develop an effective market to copyright licensing, which can take control of the market when it is not emerging of its own right. By creating additional copyright exchange, the UK government is able to ensure that a more efficient marketplace is provided 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 giving of licences, the e-commerce arena becomes much more transparent, with a consistent approach that is relatively easy to follow due to the fact that there is one consistent digital exchange. This would change e-commerce organisations either to purchase licences or to sell licences in a panache that is consistent and transparent to all parties, thus making it more viable to invest in copyright. It would also enable the company to gain inlet to copyrighted material, so that it can then develop the transaction without existence thwarted by authors that cannot be located or similar blockages in the availability of copyright licences.The issue of copyright protection is argued to be the fundamental area of reform for e- commerce organisations post Hargreaves and will be the focus here, in order to gain a practical 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 subscriber linees will often be prevented from gaining access to selective information, due to the la ck of availability of copyright licences. Other issues include the businesses themselves complaining that it is difficult to enforce remedies and that copyright is extremely 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, two distinct stages will be undertaken the first to identify the arguments for reforming copyright the second to look at the approach taken by the policymakers and the practical applicatio n 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 shown that creative industries are increasing at a rate of approximately 3.5%, in the UK, compared to an average 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 lucre 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 allows new business models to emerge and contributes to combating i llegal offers and piracy.The digital copyright exchange was looked at as a potential opportunity by the UK government, with the initial figure of the digital copyright now being recognised as a crucial aspect to online business and offers a real opportunity 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 progress 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 quite an the additional copyright exchange facility will enable an entity to interact with others through the hub created, in a way that may not have been possible previously. This is a fundamental step forward fo r 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 occupied in e-commerce, while still offering more consistent protection and hydrofoil within the system13.Certain 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 content mining as being the automated analytical techniques such as t ext and data mining work by copying existing electronic information, for voice 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 fraction of discussion in its own right. Although there have been notable discussions as part of the parliamentary report established a result of the Hargreaves Rev iew, the content of the Enterprise and Regulatory Reform Bill 2013 has now been minded(p) 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 seat Office is working 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 unavailable material. It also presents a potential challenge whereby the commerce organisations need to be more forward thinking when protect their own copyright. This creates some difficulty of adjustment 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 still 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 olive-sized 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 defend 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 forthcoming for E-CommerceBy looking at th e 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 creation 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 pressure to create an EU single market, therefore, is likely to be one of the majors driving factors, with UK firms being able to operate across the entire EU, with no barriers. While this increas es 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 outside their present(prenominal) jurisdiction.It is also suggested that the digital copyright exchange is going to provide a much more iron framework for those engaged in e-commerce to protect their own position, particularly when dealing with online violations of copyright which are seemly increasingly prevalent in certain industries, such as music and photography, in recent years. Fundamentally, it is conclude 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 field 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 thrift, capital of the United Kingdom Nesta.Brinkley, I and Lee, N (2007) The Knowledge Economy in Europe A Report prepared for the 2007 EU Spring Council, capital of the United Kingdom Work Foundation.European Commission, (2012) Proposal for a Directive of the European Parliament and of the Council on Collective Management of Copyright and Related Rights and Multi-Territorial Licensing of Rights in Musical Works for Online Uses 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 practice of law Counterfactual Impact Analysis of Fair Use Policy on Private Copying technology and Copyright Markets in Singapore, MPRA, 2012.Hargrea ves, I (2011) Digital Opportunity An Independent Review of Intellectual Property and Growth, London Intellectual Property Office.Manyika et. al., (2011) Big Data The Next Frontier 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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