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

DIPP. Digital Peer Publishing
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JIPITEC aims at providing a forum for in-depth legal analysis of current issues of intellectual property, information technology and E-commerce law with the main focus on European law. Its intention is to develop an information platform that allows authors and users to work closer together than is the case in classical law reviews. The journal will constantly revise it social media functions for this purpose. However, elements from classical law reviews, especially book reviews, bundling of articles in 2- 4 issues per year etc. will be retained

Latest documents

  • "We want Artists to be Fully and Fairly Paid for their Work"

    Elaborating on the President of the European Commission Jean-Claude Juncker’s agenda, EC Vice-President and Commissioner for the Digital Single Market Andrus Ansip wrote on his blog on 18th November 2015, -the phrase that serves as the title to this article and that has reappeared in different guises throughout the process of EU copyright reform. By examining a case study on the Fair Internet for Performers Campaign-a campaign advanced in the context of the ongoing European copy- right reform-I shed light on the powerful discourses on fairness that have dominated and shaped the reform process. Using discourse analysis, I found the concept of fairness to be mostly dependent on the stakeholders’ relative bargaining power and fram...

  • The Portability Regulation (Regulation (EU) 2017/1128)

    Since 1 April 2018, the Portability Regulation prohibits geo-blocking of online content within the European Union. The regulation regulates the unrestricted access to (paid) subscribed online content of all European citizens, regardless of where they are present in EU territory. The presence must be "temporary". Providers of fee-based online content are then obliged to guarantee their subscribers cross-border portability. A limitation of the access or the demand of additional fees is prohibited. The Portability Regulation does not apply directly to offers that are not or not directly liable to payment, such as media libraries. It is rather voluntary for these providers. Furthermore, the Portability Regulation also includes rules to minimize the user’s personal data collected in order to...

  • Notice-and-Takedown Procedure under Greek Intellectual Property Law 4481/2017

    After two years of negotiations and several drafts, the provisions of the Directive 2014/26/EU on collective management of copyright and related rights were introduced into Greek legislation by the Law 4481/2017, which establishes a strict legal framework for the collective management organisations and places great emphasis on state control mechanisms. Additionally, Law 4481/2017 introduces a notice-and-takedown procedure as a sanction to the intermediaries (access providers or hosting service providers) and website owners for online violation of intellectual property and related rights. Although it is an attempt to swiftly resolve cases of violation through the internet, the unclear relation of this sanction system to the system laid down by the Law 2121/1993 on copyright and related r...

  • Editorial

  • European Union Claims of Jurisdiction over the Internet

    The topic of Internet jurisdiction is gaining a considerable amount of attention at the moment. Yet, we are seemingly still a long way from solutions. This article builds on the notion that we are presently in an era of jurisdictional "hyper-regulation" characterised by complexity and a real risk of Internet users being exposed to laws in relation to which they have no realistic means of ensuring compliance. Drawing upon a framework consisting of three jurisdictional core principles, the article seeks to examine whether three recent key developments in EU law contribute to hyper-regulation. Those three developments are: (1) Article 3 of the General Data Protection Regulation (GDPR) which outlines the Regulations "territorial scope"; (2) The combined effect of the proposed e-evidence Dir...

  • The Challenges Faced by the Extraterritorial Scope of the General Data Protection Regulation

    The General Data Protection Regulation (GDPR) imposes a significant burden of compliance on overseas businesses which process personal data of EU individuals. An impressive number of articles warns about the new risks incurred by data processors around the world; be they one of the Internet giants, or a non-EU company which dared to offer goods to EU consumers, or that had the idea to use cookies on its website to track EU consumers. However, does the EU actually have the necessary means to ensure that the rules are followed by all? And if not, is the EU equipped to enforce compliance? Those are legitimate questions in the light of the context in which the EU has extended its jurisdiction. Not only has it been decided unilaterally, but such rules are to be enforced in cyberspace, in an ...

  • The EU Directive on the Protection of Trade Secrets and its Relation to Current Provisions in Germany

    In June 2018, the deadline for the implementation of a new act reforming the trade secret law expired. This contribution examines the underlying EU Directive on the protection of trade secrets (Directive (EU) 2016/943, hereinafter "Directive") and outlines the differences compared to the current legislation concerning trade secrets in Germany. Furthermore, the legal nature of trade secrets and possible consequences for the industrial practice are illustrated.

  • Sponsored Blog Content

    Influencer marketing - the use of opinion leaders such as bloggers with many followers and readers to disseminate product messages - is gaining advertisers’ interest. This paper presents the law and self-regulative provisions concerning blog advertising in both Europe and the US and documents the actual practice of disclosing blog advertising: whether and if so how, bloggers disclose influences from advertisers, and how these disclosures align with the regulations in place. The Federal Trade Commission Act and related guides in the US, and self-regulative provisions in Europe urge advertisers and endorsers, such as bloggers, to disclose any commercial relationship. These disclosures should be clear and conspicuous because advertising to consumers should be recognizable as such. Although...

  • Editorial

  • Against the Dehumanisation of Decision-Making - Algorithmic Decisions at the Crossroads of Intellectual Property, Data Protection, and Freedom of Information

    This work presents ten arguments against algorithmic decision-making. These revolve around the concepts of ubiquitous discretionary interpretation, holistic intuition, algorithmic bias, the three black boxes, psychology of conformity, power of sanctions, civilising force of hypocrisy, pluralism, empathy, and technocracy. Nowadays algorithms can decide if one can get a loan, is allowed to cross a border, or must go to prison. Artificial intelligence techniques (natural language processing and machine learning in the first place) enable private and public decision-makers to analyse big data in order to build profiles, which are used to make decisions in an automated way. The lack of transparency of the algorithmic decision-making process does not stem merely from the characteristics of th...

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