Books and Journals › IT Law
- Internet-ional Law by: Cacucci Editore, 2012
- 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. 11-2, October 2020 DIPP. Digital Peer Publishing, 2011
- 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
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...
- 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...
- Vom 'Naturstudium' zur Systemtheorie
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...
- Jacques de Werra (ed.), Accords de technologie/Technology Transactions
- De justitio. Giorgio Agamben and the Suspension of Law in the Modern Era
- 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
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...
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...
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...
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...
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...
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...
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