Books and Journals › IT Law
- Notas de Derecho Internacional Privado. Nombres de Dominio, Propiedad Intelectual, Comercio Electrónico y Sociedades en los Negocios Internacionales by: Editorial Académica Española, 2012
- Internet-ional Law by: Cacucci Editore, 2012
- Problemática jurídica de la compra-venta internacional por Internet. Una mirada a los problemas jurídicos de la compra-venta internacional de bienes y by: Editorial Académica Española, 2011
- Los Impuestos Indirectos en las Operaciones de Comercio Electronico. Estudio Previo a la Unificación Fiscal Internacional by: Editorial Académica Española, 2011
- Contratación Electrónica Internacional. Una mirada desde el Derecho Internacional Privado by: Editorial Académica Española, 2011
- Ancilla Iuris From Nbr. 2006, January 2006 to Nbr. 2020, January 2020 Ancilla Iuris, 2011
- JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law From Nbr. 1-1, January 2010 to Nbr. 10-3, December 2019 DIPP. Digital Peer Publishing, 2011
- Protección y ejercicio ideológico en empresas periodísticas. análisis jurídico, sociológico y comparado by: Editorial Académica Española, 2011
- El Derecho Mercantil Internacional en la legislación mexicana. Comercio electrónico by: Editorial Académica Española, 2011
- E-COMMERCE AND INTERNATIONAL TAXATION OF ONLINE TRANSACTIONS. THE LEGAL PROBLEMS AFFECTING THE TAXATION OF ONLINE TRANSACTIONS by: Lambert Academic Publishing, 2011
- La protection du droit d''auteur sur Internet. La compétence juridictionnelle internationale en cas d''atteinte au droit d''auteur sur les réseaux nu by: Éditions Universitaires Européenes, 2010
- International Free and Open Source Software Law Review From Nbr. 1-2009, July 2009 to Nbr. 11-1, January 2019 Editorial Committee of IFOSSLR, 2010
- Contratación electrónica internacional by: Editorial vLex, 2008
- Journal of International Commercial Law and Technology From Nbr. 1-1, July 2006 to Nbr. 10-1, January 2015
- 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
- From 'Economic Constitution I, II' to the 'Self-justifying Law of Constitutional Law': On the criticality of Rudolf Wiethölter's Critical Systems Theory
Responsible Information Sharing Converging boundaries between private and public in privacy and copyright law
Copyright Law and Privacy Law both grant individuals exclusive control over the dissemination of expression or personal information, respectively. A number of criteria emerged in the ‘new public' jurisprudence of the CJEU based on Article 3 Directive 2001/29/EC (InfoSoc Directive), that determine how right holders can retain control over copyright-protected works after their first publication....
Catching sight of a glimmer of light: Fair remuneration and the emerging distributive rationale in the reform of EU copyright law
In the haze of highly polarized debates on the recently adopted EU Directive on Copyright in the Digital Single Market (CDSM), its focus on the notion of fair remuneration has passed over rather quietly. Three provisions in the Directive deal specifically with the fair distribution of revenue from online platforms to producers and, in turn, from producers to authors. Taking the cue from these new
The Liability system of Art. 17 DSMD and national implementation - contravening prohibition of general monitoring duties?
The article deals with the complex liability system of Art. 17 DSM Directive, the famous "upload filter provision" in copyright law concerning content sharing platforms. The conflict between the prohibition of general monitoring obligations for platform providers derived from European fundamental rights by the CJEU and the obligations of providers are scrutinized. Moreover, possible...
The geography of innovation: local hotspots, global networks
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...
New types of marks available after the European Union Trade Mark Reform An Analysis in the light of the U.S. Trade mark 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...
The Artificial Inventor Project
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...
Copyright lessons on Machine Learning: what impact on algorithmic art?
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...
Recalibrating innovation: science at the center of Africa’s development
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...
Tackling bad faith registration of domain names in a fast-changing landscape
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...
Australian court clamps down on the sale of fake Aboriginal souvenirs
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.
- 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...
- El contrato de transformación audiovisual
- Response to the 2018 Sarr-Savoy Report: Statement on Intellectual Property Rights and Open Access relevant to the digitization and restitution of African Cultural Heritage and associated materials
- Réponse au Rapport Sarr-Savoy: Déclaration sur la numérisation, les droits de propriété intellectuelle et le libre accès du patrimoine culturel africain et des archives connexes
Fixing Copyright Reform: A Better Solution to Online Infringement
The newly-adopted Directive on Copyright in the Digital Single Market (DSMD) will fundamentally reshape EU copyright law. Among its most controversial offerings is Article 17, the socalled "value gap" provision, aimed at solving the alleged mismatch between the value that online content- sharing platforms extract from creative content and the revenue returned to the copyright-holders....
On Upload-Filters and other Competitive Advantages for Big Tech Companies under Article 17 of the Directive on Copyright in the Digital Single Market
Article 17 of the Directive on Copyright in the Digital Single Market (DSM), with its goal to close the so-called "value-gap", contains several strong incentives to use and further develop filtering technologies. It also introduces a direct liability regime, which puts content-service sharing providers (CSSPs) at risk if they do not successfully implement upload-filters as it is only in
Recht der öffentlichen Werkwiedergabe im harmonisierten Urheberrecht
This article analyses the criteria which the European Court applies to interpret the right of communication to the public. It shows that the criteria that determine the concepts "public" and "act of communication" are not adequate to outline this right. The concept "public" remains vague because the applied criteria do not make clear under which conditions an act of...
Game-theoretical Model on the GDPR - Market for Lemons?
In order to evaluate the regulatory effects of the GDPR on the institution of privacy as a public good, a data protection law and economical perspective should be applied. Conveying an economic point of view on the GDPR, we include a gametheoretical model on the rights and duties arising out of the GDPR in order to clarify the possible gametheoretical strategies and discuss the compensatory...
Big Data in the Insurance Industry: Leeway and Limits for Individualising Insurance Contracts
With the advent of big data analytics, the individualisation of mass market insurance policies has become commercially attractive. While this development would have positive economic effects, it could also undermine the principle of solidarity in insurance. This paper aims to outline the different regulatory approaches currently in place for dealing with this fundamental challenge by analysing...
Access to Data in Connected Cars and the Recent Reform of the Motor Vehicle Type Approval Regulation
The need for regulatory solutions for access to in-vehicle data and resources of connected cars is one of the most controversial and unresolved policy issues. Last year the EU revised the Motor Vehicle Type Approval Regulation which already entailed a FRAND-like (fair, reasonable, and non-discriminatory) solution for the access to repair and maintenance information (RMI) to protect competition on
Different 'Rules of the Game' - Impact of National Court Systems on Patent Litigation in the EU and the Need for New Perspectives
It seems that the jurisdiction in which a case is litigated has a significant impact on its outcome," professor Lemley has addressed the issue of forum shopping in the US and internationally, and claims that the venue of litigation defines the case outcome. Indeed, patent litigation is highly diverse especially in Europe. This is mainly derived from the following reasons - more globalised...
- Kraus, Daniel/Obrist, Thierry/Hari, Olivier, Blockchains, Smart Contracts, Decentralised Autonomous Organisation and the Law
- Protecting trade secrets: how organizations can meet the challenge of taking “reasonable steps”
- Belarus strengthens its IP system to promote innovation and economic growth
- Boosting business competitiveness in Africa with IP and innovation
- 3D printing, the Maker Movement, IP litigation and legal reform