Personal Data in Competition, Consumer Protection and Intellectual Property Law

Personal Data in Competition, Consumer Protection and Intellectual Property Law
Author: Mor Bakhoum
Publisher: Springer
Total Pages: 569
Release: 2018-11-02
Genre: Law
ISBN: 3662576465

This book analyses the legal approach to personal data taken by different fields of law. An increasing number of business models in the digital economy rely on personal data as a key input. In exchange for sharing their data, online users benefit from personalized and innovative services. But companies’ collection and use of personal data raise questions about privacy and fundamental rights. Moreover, given the substantial commercial and strategic value of personal data, their accumulation, control and use may raise competition concerns and negatively affect consumers. To establish a legal framework that ensures an adequate level of protection of personal data while at the same time providing an open and level playing field for businesses to develop innovative data-based services is a challenging task.With this objective in mind and against the background of the uniform rules set by the EU General Data Protection Regulation, the contributions to this book examine the significance and legal treatment of personal data in competition law, consumer protection law, general civil law and intellectual property law. Instead of providing an isolated analysis of the different areas of law, the book focuses on both synergies and tensions between the different legal fields, exploring potential ways to develop an integrated legal approach to personal data.

Intellectual Property Liability of Consumers, Facilitators, and Intermediaries

Intellectual Property Liability of Consumers, Facilitators, and Intermediaries
Author: Christopher Heath
Publisher:
Total Pages: 0
Release: 2012
Genre: Copyright infringement
ISBN: 9789041141262

The involvement of the Institute of European Studies of Macau (IEEM) in matters of intellectual property is based on annual conferences that take up topical issues of intellectual property from a comparative perspective with a particular focus on Asia and Europe. The first of these conferences was held back in 2000, and has meanwhile become an annual event complemented by an Intellectual Property School and IP Master Classes. All three venues serve as a platform for academic teaching and discussion on intellectual property awareness and the proper place and function of intellectual property law in the context of society and public interest.

TRIPS plus 20

TRIPS plus 20
Author: Hanns Ullrich
Publisher: Springer
Total Pages: 758
Release: 2016-01-29
Genre: Law
ISBN: 3662481073

This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. The contributions to this book inquire into whether the TRIPS Agreement should still be seen only as part of an international trade regulation, or whether it needs to be understood – or even reconceptualized – as a framework regulation for the international protection of intellectual property. The purpose, therefore, is not to define the terms of an outright revision of the TRIPS Agreement but rather to discuss the framework conditions for an interpretative evolution that could make the Agreement better suited to the expectations and needs of today’s global economy.

Intellectual Property Law

Intellectual Property Law
Author: Kurt M. Saunders
Publisher:
Total Pages: 0
Release: 2016
Genre: Intellectual property
ISBN: 9781634596985

This book is designed specifically to provide business, paralegal, legal studies or other non-law school students with a comprehensive understanding of the principal areas of intellectual property protection: trade secrets, patents, copyrights, trademarks, and the right of publicity, as well as treatment of legal protection for other valuable intangibles and international intellectual property issues. Each chapter includes summaries of the law and excerpted cases to illustrate the application of legal rules and concepts. Applicable statutory provisions are excerpted and included for quick reference. The cases are followed by a variety of questions and comments to prompt classroom discussion, and each chapter concludes with an extensive set of discussion problems and a case study. Also accompanying each chapter are a set of writing and practical exercises to enhance student written and critical thinking skills, and to provide experiential learning as to specific tasks involved in securing and protecting intellectual property rights.

Remuneration of Copyright Owners

Remuneration of Copyright Owners
Author: Kung-Chung Liu
Publisher: Springer
Total Pages: 0
Release: 2017-05-12
Genre: Law
ISBN: 9783662538081

This book evaluates existing and explores new mechanisms for the adequate payment of copyright owners for the use of their works. The underlying assumption is that adequate rewards to creators and subsequent right holders will continue to be a goal of copyright law (particularly to incentivize further creation and investment). In the search for viable methods it first focuses on the reduction of transaction costs and the role of new technologies. It also discusses the further development and broader application of new mechanisms that might be necessary to enhance the adequacy and efficiency of payment systems, since the more onerous payment systems are, the more irrelevant copyright risks become due to lack of acceptance, and the less likely both are to fulfill their functions.

Global Dimensions of Intellectual Property Rights in Science and Technology

Global Dimensions of Intellectual Property Rights in Science and Technology
Author: National Research Council
Publisher: National Academies Press
Total Pages: 457
Release: 1993-02-01
Genre: Political Science
ISBN: 0309048338

As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.

Big Data and Global Trade Law

Big Data and Global Trade Law
Author: Mira Burri
Publisher: Cambridge University Press
Total Pages: 407
Release: 2021-07-29
Genre: Business & Economics
ISBN: 110884359X

An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.

Consumer Policy Toolkit

Consumer Policy Toolkit
Author: OECD
Publisher: OECD Publishing
Total Pages: 126
Release: 2010-07-09
Genre:
ISBN: 9264079661

This book examines how markets have evolved and provides insights for improved consumer policy making. It explores, for the first time, how what we have learned through the study of behavioural economics is changing the way policy makers are addressing problems.

Multi-dimensional Approaches Towards New Technology

Multi-dimensional Approaches Towards New Technology
Author: Ashish Bharadwaj
Publisher: Springer
Total Pages: 350
Release: 2018-07-23
Genre: Law
ISBN: 981131232X

This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.

Smart Urban Mobility

Smart Urban Mobility
Author: Michèle Finck
Publisher: Springer Nature
Total Pages: 336
Release: 2020-09-28
Genre: Law
ISBN: 3662619202

This book adds a critical perspective to the legal dialogue on the regulation of ‘smart urban mobility’. Mobility is one of the most visible sub-domains of the ‘smart city’, which has become shorthand for technological advances that influence how cities are structured, public services are fashioned, and citizens coexist. In the urban context, mobility has come under pressure due to a variety of different forces, such as the implementation of new business models (e.g. car and bicycle sharing), the proliferation of alternative methods of transportation (e.g. electric scooters), the emergence of new market players and stakeholders (e.g. internet and information technology companies), and advancements in computer science (in particular due to artificial intelligence). At the same time, demographic changes and the climate crisis increase innovation pressure. In this context law is a seminal factor that both shapes and is shaped by socio-economic and technological change. This book puts a spotlight on recent developments in smart urban mobility from a legal, regulatory, and policy perspective. It considers the implications for the public sector, businesses, and citizens in relation to various areas of public and private law in the European Union, including competition law, intellectual property law, contract law, data protection law, environmental law, public procurement law, and legal philosophy. Chapter 'Location Data as Contractual Counter-Performance: A Consumer Perspective on Recent EU Legislation' of this book is available open access under a CC BY 4.0 license at link.springer.com.