Books and Journals › IT Law
- Contratación electrónica internacional by: Editorial vLex, 2008
- Custom Modernization Handbook by: World Bank, 2005
- Customs Modernization Initiatives by: World Bank, 2004
- Building Market Institutions in South Eastern Europe by: World Bank, 2004
- Law in Cyber Space by: Commonwealth Secretariat, 2001
- El delito de stalker y cyberstalker en el código penal peruano: artículo 151-a. Una mirada multifactorial
- Comment of the European Copyright Society on the Implementation of the Extended Collective Licensing Rules (Arts. 8 and 12) of the Directive (EU) 2019/790 on Copyright in the Digital Single Market
- Comment of the European Copyright Society on the Implementation of Art. 14 of the DSM-Directive 2019/790
- Comment of the European Copyright Society on Selected Aspects of Implementing Article 17 of the Directive on Copyright in the Digital Single Market into National Law
- Comment of the European Copyright Society Addressing Selected Aspects of the Implementation of Articles 18 to 22 of the Directive (EU) 2019/790 on Copyright in the Digital Single Market
3D Digitisation of Cultural Heritage Copyright Implications of the Methods, Purposes and Collaboration
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...
The Quality of Law: How the European Court of Human Rights gradually became a European Constitutional Court for privacy casest
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’...
Debts, Money, Intellectual Property, Data and the Concept of Dematerialised Property
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...
Secondary communication under the EU copyright acquis after Tom Kabinet: Between exhaustion and securing work's exploitation
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...
Conceptualizations of the controller in permissionless blockchains
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...
Datenzugang, Verbraucherinteressen und Gemeinwohl, Bericht über die Verbraucherrechtstage 2019 des Bundesministeriums der Justiz und für Verbraucherschutz in Berlin, 12. und 13. Dezember 2019
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...
- Vom 'Naturstudium' zur Systemtheorie
- Jacques de Werra (ed.), Accords de technologie/Technology Transactions
Cutting Back Patent Over-Enforcement - How to Address Abusive Practices Within the EU Enforcement Framework
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
Unscrewing the Future: The Right to Repair and the Circumvention of Software TPMs in the EU
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,...
Health Data Pools under European Policy and Data Protection Law: Research as a New Efficiency Defence?
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
Free Speech by Design for the Copyright DSM Directive
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...
- De justitio. Giorgio Agamben and the Suspension of Law in the Modern Era
Regulatory Sandboxes (Experimental Legal Regimes) for Digital Innovations in BRICS
Step by step, new digital technologies are capturing different spheres of our life. The opportunities of their application are almost infinite, and potential is very promising. But digital innovations as a trend represent a challenge for every modern state. Especially for member-countries of the BRICS union who seek to become the world’s leading countries. For this reason, the most important task
The Ecosystem of Cryptocurrency as an Object of Civil Rights in BRICS Countries
The article presents a comparative legal analysis of the modern legal regulation of the multidimensionality of digital electronic currency in BRICS countries. It assesses the possibility of civil circulation of a digital property right as an economic and legal segment without clear legal regulation. It analyzes the judicial practice related to confidentiality, acquisition, and trading of virtual...
Unified Digital Law Enforcement Environment - Necessity and Prospects for Creation in the 'BRICS Countries'
The article examines the prospects for the development of an interstate association of BRICS member nations and concludes that it is necessary to expand cooperation in addition to the economic sphere through other areas, in particular, the organization of interaction to combat crime. The article focuses on the fact that an important area of joint cooperation between the BRICS member nations will...
Price Algorithms as a Threat to Competition Under the Conditions of Digital Economy: Approaches to Antimonopoly Legislation of BRICS Countries
The authors examine certain legal problems of antitrust regulation in the digital economy facing the international community, including BRICS member countries. This article focuses on the problems associated with the use of price algorithms by enterprises as a threat factor to competition. The concept of “price algorithm” and the goals of its use by enterprises are analyzed; it is concluded that...
The Protection of Consumer Rights in the Digital Economy Conditions - the Experience of the BRICS Countries
Online contracts are characterized by unequal economic opportunities. The consumer, traditionally, has fewer economic opportunities, the seller - more. Digitalization of consumer-seller relations did not solve the old problem of insufficient consumer protection, but rather exacerbated it. Now the consumer needs to be protected from unscrupulous actions of both the seller and the aggregator of the
- Von 'Wirtschaftsverfassung I, II' zum 'selbstgerechten Rechtsverfassungsrecht
- From 'Economic Constitution I, II' to the 'Self-justifying Law of Constitutional Law': On the criticality of Rudolf Wiethölter's Critical Systems Theory
- Safeguarding User Freedoms in Implementing Article 17 of the Copyright in the Digital Single Market Directive: Recommendations from European Academics
Getting Data Subject Rights Right A submission to the European Data Protection Board from international data rights academics, to inform regulatory guidance
We are a group of academics active in research and practice around data rights. We believe that the European Data Protection Board (EDPB) guidance on data rights currently under development is an important point to resolve a variety of tensions and grey areas which, if left unaddressed, may significantly undermine the fundamental right to data protection. All of us were present at the recent...