Books and Journals › IT Law

• Gianpaolo Maria Ruotolo

• Sara Lidia Feldstein de Cárdenas
• Flavia Andrea Medina
• Mónica Sofía Rodríguez
• Luciana Beatriz Scotti

• Luc De Wulf
• José B Sokol

• Luc De Wulf
• José B Sokol

• James H. Anderson
• Harry G. Broadman

• John Gregory
• Mr Gene Pestaina
• Mr Denzil Potgieter S.C
• Mr Donald Piragoff

• JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

Since the adoption of the InfoSoc Directive, the CJEU has been dealing with a variety of questions on the interpretation of the broad right of communication to the public. A substantial share of the references for a preliminary ruling concerns secondary communication, which relies on communication initially authorised by the right holder. Despite the seemingly clear language of Article 3(3) of...

• JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

The relationship between blockchain and the General Data Protection Regulation (hereinafter GDPR) is often described as problematic. This article addresses one of the problems blockchain faces: who is/are the controller(s) in a blockchain context? This article demonstrates that it is particularly difficult to identify the controller in blockchain applications that are integrated in the core code...

• JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

This report summarizes the conference "Verbraucherrechtstage 2019" ("Consumer Law Days 2019"), organised by the German Federal Ministry of Justice and Consumer Protection on 12 and 13 December 2019 in Berlin. This year’s topic was data access with a special emphasis on consumer interests and public welfare. Leading legal and economic scholars as well as public servants and...

• JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

• JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

• JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

• JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

• JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

• JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

3D technology is increasingly used in the digitisation of cultural heritage and while parties engaging in such projects need copyright as an incentive, the copyright status of such 3D models are unclear. It is usually assumed they would not be protected, as the scans of existing objects are less likely to be original compared to the 3D models created from scratch. However, it is often overlooked...

• JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

Until very recently, the European Court of Human Rights was willing to assess whether Member States’ executive branch had operated on a legal basis, whether national courts had struck a fair balance when adjudicating cases, and whether Member States had a positive obligation to ensure adequate protection of citizens’ human rights. One thing it did not assess however, was whether Member States’...

• JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

Debts, (electronic) money, intellectual property, and, in principle, data and digitised objects (if ownership rights are to be recognised for these), can be conceptualised as versions of the general principle of dematerialised property. This article discusses first the concept of dematerialised property and its application to debts, money and intellectual property. Then it deals with the idea of...

• Ancilla Iuris

• JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

• JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

The debate over the degree of flexibility at the disposal of national courts in Europe to grant, deny, or tailor, injunctive relief in patent litigation seems to be a never-ending story. In most jurisdictions, absent exceptional circumstances, findings of infringement lead national courts to grant, quasi-automatically, an injunction. However, some scholars as well as industry players, have argued

• JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

This analysis examines the impact of software technological protection measures (“TPMs”) in the European Union which inhibit the repair and maintenance of products. Using John Deere tractors as a case study, this analysis addresses the growing number of products which incorporate computerisation and TPMprotected software into their design and function. In utilising software integration and TPMs,...

• JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

The increasing employment of artificial intelligence and machine learning in the biomedical sector as well as the growing number of partnerships aimed at pooling together different types of digital health data, stress the importance of an effective regulation and governance of data sharing in the health and life sciences. This paper explores the emerging economic reality of health data pools from

• JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

Article 17 of the Directive for Copyright in the Digital Single Market imposes on certain platforms an indirect obligation of algorithmic filtering, while providing a plethora of textual safeguards and guarantees for freedom of speech and legitimate uses. We argue however that this traditional approach of formal safeguards and procedural remedies has proved its inability to effectively protect...

• JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

• Ancilla Iuris

• Ancilla Iuris

• Ancilla Iuris

• JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

This article analyzes one of the novelties brought about by the European Union trade mark reform; i.e. the removal of the graphic representation requirement opening opportunities to register new types of marks at the European Union Intellectual Property Office. In this article, the legal requirements for the registration of the non-traditional trade marks under the legal frameworks of the...

• JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

Nowadays, Artificial Intelligence (AI) is described as "the new electricity". Current algorithmic innovation allowed the development of software which enables machines to learn and to achieve autonomous decision making, with limited or no human involvement, in a vast number of applications, such as speech recognition, machine translation and algorithmic creation of works (computer...

• WIPO Magazine

The “Dot Com” boom of the late 1990s ushered in the commercialization of the Internet and spawned the expansion of the domain name system. These positive developments, however, also gave rise to the problem of cybersquatting – the bad faith registration of domain names, especially well-known trademarks, in the hope of reselling them at a profit. On the 20th anniversary of the...

• WIPO Magazine

In August 2019, our team (see below) announced two international patent filings for “AI-generated inventions.” That is to say, inventions generated autonomously by an artificial intelligence (AI) under circumstances in which we believe that no natural person, as traditionally defined, qualifies as an inventor. These applications list the AI as the inventor and the AI’s owner as the patent...

• WIPO Magazine

The 2019 World Intellectual Property Report – The Geography of Innovation: Local Hotspots, Global Networks highlights the increasingly collaborative and international nature of innovation. The report traces the evolution of the geography of innovation over the past few decades and reveals a growing concentration of innovation in a few large clusters located in a small number of countries. WIPO’s...

• WIPO Magazine

If you stop a young girl or boy in any African city and ask them to name a famous African, the answer will vary from Sadio Mané or Mo Salah to Wizkid. The eyes of some may glaze over as they dream of starring in the next Black Panther movie or of creating a real Wakanda, (Black Panther’s fictional homeland). If you ask the same girl or boy what they want to be when they grow up, they will likely...

• WIPO Magazine

Australian Aboriginal art and cultural expression is of major importance to Aboriginal artists and communities across Australia. “Aboriginal art” in the form of cultural expression is tied to identity, knowledge and connectedness to ancestors, land and sea country that has existed since time immemorial and which has been passed down through generations.

• JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

• JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law