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Two Unique Challenges of Protecting IP
Copyright varies from patent and trademark protection in that the Berne Convention for the Protection of Literary and Artistic Works protects copyrighted works in all member nations where the work is protected in any of these countries
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CIO Applications | Thursday, August 05, 2021

Copyright varies from patent and trademark protection in that the Berne Convention for the Protection of Literary and Artistic Works protects copyrighted works in all member nations where the work is protected in any of these countries.
Fremont, CA: Gone are the days when the word "cloud" meant merely the weather. While the rapid expansion of cloud computing has provided numerous benefits, it has also introduced a number of intellectual property protection challenges. The reason is straightforward.
Trademark Infringement
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When a company considers registering a trademark in a specific country, it will frequently consult with a lawyer to acquire a trademark availability search and opinion. As the name implies, this opinion evaluates whether a proposed trademark is available for use in that country – that is, whether there are identical or confusingly similar registered or unregistered trademarks that may provide barriers.
If these marks already exist, use of the proposed mark may result in trademark infringement liability, and registration of the mark may also be unavailable. In the context of cloud computing, the big question is where the trademark is being utilized if it is being used through "the cloud"? Should a corporation that relies on cloud computing be required to check the availability of its trademark in every jurisdiction across the world before utilizing it? This barely sounds realistic, but it emphasizes the difficulty that cloud computing provides in this regard.
Copyright Infringement
Copyright varies from patent and trademark protection in that the Berne Convention for the Protection of Literary and Artistic Works protects copyrighted works in all member nations where the work is protected in any of these countries.
However, the level of protection afforded to copyrighted works differs by country. Thus the concerns of where infringement happened and which country's laws apply remain significant. In Canada, for example, the length of copyright protection is the author's life, the remainder of the calendar year in which the author dies, and fifty years after the end of that calendar year.
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