Dematerialization of things and legal instruments in the context of electronic trade

Kambovski, Igor (2022) Dematerialization of things and legal instruments in the context of electronic trade. In: International scientific conference “Ownership and other proprietary rights act, 1997 - 2022: Property law in the 21st century”, 30 Sept 2022, Osijek, Croatia. (In Press)

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Abstract

From a legal point of view, it is especially important to distinguish between the concepts of goods and services, especially since in some cases the law has developed different rules for the delivery of goods, and completely different for the provision of services. Also, information technology has created the so-called “digitized soft goods” and thus further complicates the definition of goods and services, or differences between them. Specifically, when it comes to buying music or a movie in digital format, those goods can be delivered dematerialized online, but if the same content is put on a CD or other medium, then it is classic delivery. This is in itself a legal dilemma given the fact that it is not legally correct to treat the delivery of the same type of product differently just because of the difference in the medium on which the product in question is delivered. Legal instruments also had to go through a progressive process of dematerialization in order to be able to sign digital documents with timestamps (date and time when they were made) in modern ways of trading and communication, or verify documents prepared and sent by another person. using different document encryption and authentication systems, without the use of paper, stamps and ink. These changes took place in different forms and in different countries and were not unified, which was a problem and a serious obstacle to the normal course of trade and the development of its electronic variant - E-commerce. Given the fact that the dematerialization of documents is a relatively new phenomenon, there is some ambiguity and confusion regarding its different arrangements in different countries and their legal and judicial systems. The global nature of the Internet and the access of computer technology to the widest range of users imply the fact that the effects of harmful and illegal actions can spread to the widest possible geographical area. This requires the establishment of legal systems and mechanisms that will act extremely quickly against these illegal actions in order to stop their further spread. The Internet and its global dimension allow e-merchants to trade in any country in the world. Distance no longer makes sense in cyberspace. This applies in particular to companies and traders engaged in trade in intangible goods, given the fact that it can be delivered electronically, as well as to companies that provide services. The computer software industry is particularly affected.

Keywords: Dematerialization, intangible goods, electronic commerce

Item Type:	Conference or Workshop Item (Paper)
Subjects:	Social Sciences > Law
Divisions:	Faculty of Law
Depositing User:	Igor Kambovski
Date Deposited:	01 Feb 2023 10:08
Last Modified:	01 Feb 2023 10:08
URI:	https://eprints.ugd.edu.mk/id/eprint/31124

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