Subjects -> PATENTS, TRADEMARKS AND COPYRIGHTS (Total: 28 journals)
Showing 1 - 9 of 9 Journals sorted by number of followers
Journal of Copyright in Education & Librarianship     Open Access   (Followers: 29)
International Data Privacy Law     Hybrid Journal   (Followers: 27)
International Journal of Intellectual Property Management     Hybrid Journal   (Followers: 26)
Journal of Intellectual Property Law & Practice     Hybrid Journal   (Followers: 25)
IIC - International Review of Intellectual Property and Competition Law     Hybrid Journal   (Followers: 24)
The Journal of World Intellectual Property     Hybrid Journal   (Followers: 22)
Journal of Intellectual Property Rights (JIPR)     Open Access   (Followers: 22)
JIPITEC Journal of Intellectual Property, Information Technology and E-Commerce Law     Open Access   (Followers: 21)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 17)
Berkeley Technology Law Journal     Free   (Followers: 16)
World Patent Information     Hybrid Journal   (Followers: 15)
Marquette Intellectual Property Law Review     Open Access   (Followers: 13)
IP Theory     Open Access   (Followers: 10)
International Journal of Innovation Science     Hybrid Journal   (Followers: 9)
Expert Opinion on Therapeutic Patents     Hybrid Journal   (Followers: 9)
John Marshall Review of Intellectual Property Law     Free   (Followers: 8)
Northwestern Journal of Technology and Intellectual Property     Open Access   (Followers: 7)
Reports of Patent, Design and Trade Mark Cases     Hybrid Journal   (Followers: 5)
Journal of Data Protection & Privacy     Full-text available via subscription   (Followers: 5)
Journal of Knowledge-based Innovation in China     Hybrid Journal   (Followers: 4)
Invention Disclosure     Open Access   (Followers: 1)
GRUR International     Full-text available via subscription  
Law, State and Telecommunications Review     Open Access  
Revista La Propiedad Inmaterial     Open Access  
Similar Journals
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JIPITEC Journal of Intellectual Property, Information Technology and E-Commerce Law
Journal Prestige (SJR): 0.158
Number of Followers: 21  

  This is an Open Access Journal Open Access journal
ISSN (Print) 2190-3387
Published by Digital Peer Publishing Homepage  [2 journals]
  • Ensuring the Visibility and Accessibility of European Creative Content on
           the World Market: The Need for Copyright Data Improvement in the Light of
           New Technologies and the Opportunity Arising from Article 17 of the CDSM
           Directive

    • Authors: Senftleben; Martin, Margoni, Thomas, Antal, Daniel, Balázs, Bodó, van Gompel, Stef, Handke, Christian, Kretschmer, Martin, Poort, Joost, Quintais, João, Schwemer, Sebastian
      Abstract: 13 (2022) 1: In the European Strategy for Data (COM(2020) 66 final), the European Commission highlighted the EU’s ambition “to acquire a leading role in the data economy.” At the same time, the Commission conceded that the EU would have to “increase its pools of quality data available for use and re-use.” In the creative industries, this need for enhanced data quality and interoperability is particularly strong (section 1). Without data improvement, unprecedented opportunities for monetising the wide variety of creative content in EU Member States and making this content available for new technologies, such as artificial intelligence (“AI”) systems, will most probably be lost (section 2). The problem has a worldwide dimension. While the US have already taken steps to provide an integrated data space for music as of 1 January 2021, the EU is facing major obstacles not only in the field of music but also in other creative industry sectors (section 3). Weighing costs and benefits (section 4), there can be little doubt that new data improvement initiatives and sufficient investment in a better copyright data infrastructure should play a central role in EU copyright policy. The work notification system following from Article 17(4)(b) of the Directive on Copyright in the Digital Single Market may offer an unprecedented opportunity to bundle and harmonize data in a shared EU copyright data repository (section 5). In addition, a trade-off between data harmonisation and interoperability on the one hand, and transparency and accountability of content recommender systems on the other, may pave the way for new initiatives (section 6).
      Keywords: Articles
      PubDate: 2022-04-12T07:00:00Z
       
  • Out-of-Commerce: How the Existing Copyright Practices in Film Archives
           Impact on Widening Public Access to Cultural Heritage

    • Authors: Stockton-Brown; Melanie
      Abstract: 13 (2022) 1:
      Keywords: Articles
      PubDate: 2022-04-12T07:00:00Z
       
  • The Sanitised Platform

    • Authors: Griffin; Rachel
      Abstract: 13 (2022) 1: Feminist legal scholar Vicki Schultz argues that US law on sexual harassment has created a “sanitised workplace”, by encouraging employers to suppress any kind of sexual behaviour, while ignoring broader issues around gender equality. This paper employs Schultz’s concept of sanitisation as a frame to critique current trends in European social media regulation, focusing on the 2019 Copyright Directive, 2021 Terrorist Content Regulation and the Digital Services Act proposed in 2020. EU law incentivises the deletion of various broadly-defined types of illegal content, which is also likely to suppress large amounts of legal and harmless content. Evidence of how social media platforms moderate content suggests that this over-enforcement will disproportionately suppress marginalised users and non-mainstream viewpoints, while increasing the influence of platforms’ commercial goals on online communications. Yet at the same time, by focusing primarily on content (i.e. individual posts and uploads) over broader contextual and design factors, European regulation fails to effectively address many social harms associated with major social media platforms. Schultz’s approach not only draws our attention to these failings, but provides theoretical insights as to how private ordering heightens these problems, enforces dominant discourse norms and subordinates online communication to commercial priorities.
      Keywords: Articles
      PubDate: 2022-04-12T07:00:00Z
       
  • Start-ups and the proposed EU AI Act: Bridges or Barriers in the path from
           Invention to Innovation'

    • Authors: Tomada; Letizia
      Abstract: 13 (2022) 1: Start-ups and small-scale providers play a crucial role in our tech and innovation-driven society. The advent of artificial intelligence may represent either a driving force or an insurmountable challenge for their growth and the setup of an AI regulatory framework is decisive in determining whether small-scale providers will encounter bridges or barriers during their innovation life-cycle. In this context, this article questions whether the recent European Commission proposal for a Regulation laying down harmonised rules on artificial intelligence (AI Act) presented on 21 April 2021 would, in practice, represent a catalyst or a hindrance to the AI innovation of start-ups. It presents the challenges that AI may pose for small-scale providers and analyses selected AI provisions in light of their needs and vulnerabilities. Further, it questions to what extent the envisaged measures in support of innovation are suited to tackle the current challenges and proposes new ways to construe more bridges in the path from Invention to Innovation.
      Keywords: Articles
      PubDate: 2022-04-12T07:00:00Z
       
  • From Cyborgs to Quantified Selves: Augmenting Privacy: Rights with
           User-Centric Technology and Design

    • Authors: Fenwick; Mark, Jurcys, Paulius
      Abstract: 13 (2022) 1: Transhuman enhancements—technologies that boost human capabilities—are everywhere: bodily implants, wearables, portable devices, and smart devices embedded in everyday spaces. A key feature of these technologies is their capacity to generate data from the user side and ‘give back’ that data to users in the form of personalized insights that can influence future choices and actions. Increasingly, our choices are made at the shifting interface between freedom and data, and these enhancements are transforming everyone into human-digital cyborgs or quantified selves. These personalized insights promise multiple benefits for diverse stakeholders, most obviously greater self-understanding, and better decision-making for end-users, and new business opportunities for firms. Nevertheless, concerns remain. These technologies contribute to the emergence of new forms of post-Foucauldian surveillance that raise difficult questions about the meaning, limits, and even possibility of privacy. As personal choice becomes increasingly dependent on data, traditional legal conceptions of privacy that presuppose an independent and settled sphere of private life over which an autonomous ‘person’ enjoys dominion become strained. Transformations in the practice of privacy are occurring, and we are experiencing the augmentation of a narrative of the protection of privacy rights of persons with a more situational, human-centered, and technology-driven conception of privacy-by-design. This article describes such privacy enhancing technologies and raises the question of whether such an approach to privacy is adequate to the complex realities of the contemporary data ecosystem and emerging forms of digital subjectivity.
      Keywords: Articles
      PubDate: 2022-04-12T07:00:00Z
       
  • Editorial

    • Authors: Dusollier; Séverine
      Abstract: 13 (2022) 1:
      PubDate: 2022-04-12T07:00:00Z
       
  • Responsible Vulnerability Disclosure under the NIS 2.0 Proposal

    • Authors: Schmitz; Sandra, Schiffner, Stefan
      Abstract: 12 (2022) 5: Both, the NIS Directive and the GDPR introduce breach reporting obligations. In particular, in the case of the GDPR this might include an obligation to go public about an incident. These legal obligations might be in conflict with good/common practice of responsible vulnerability disclosure. This paper briefly outlines reporting duties under NISD and GDPR and maps these to hypothetical scenarios where informing end users about cyber incidents might lead to uncontrolled vulnerability disclosure. In that view, this paper analyses whether the latest proposal for a NIS Directive 2.0 strikes the right balance between the need for swift reporting and the need to investigate a vulnerability when introducing a ‘coordinated vulnerability disclosure’.
      Keywords: Articles
      PubDate: 2022-01-31T23:00:00Z
       
  • Transborder Transfer of Personal Data in Turkish Personal Data Protection
           Law

    • Authors: Pelen; Sevde
      Abstract: 12 (2022) 5: Transborder data transfer is a challenging matter in Turkey, as well as in other countries and the EU. The most common problem is dealing with this issue detached from today's global economic system and with a prohibitive approach. Since 6698 numbered Law on Personal Data Protection entered into force in Turkey in 2016, the transborder transfer of personal data has become one of the most difficult subjects of legal compliance projects carried out with companies. There are many reasons for this, such as the problems experienced in the full and accurate perception of personal data, introduction of a new legislation in Turkey for data protection through the Law on Personal Data Protection, the fact that this field can be handled detached from today's global economic system, the ambiguity of some provisions and the vague matter.Within the scope of this article, the provisions regarding the transborder transfer of personal data in Turkish law and the developments in practice since the Law on Personal Data Protection entered into force are examined. Thus, it is aimed towards those who would like to follow the relevant legislation and practice in Turkey.For this purpose, in Chapter B, the relevant legislation in Turkish law and the Council of Europe conventions and protocols that interact with both Turkish and EU law are examined. In Chapter C, transborder transfer of personal data practice in Turkey is examined in the light of Personal Data Protection Board decisions.
      Keywords: Articles
      PubDate: 2022-01-31T23:00:00Z
       
  • The (Missing) Parody Exception in Italy and its Inconsistency with EU Law

    • Authors: Spina Ali; Gabriele
      Abstract: 12 (2022) 5: The Italian Copyright Statute does not contain a general exception for ‘parody, caricature and pastiche’ pursuant to Article 5(3k) of the InfoSoc Directive. In spite of this, commentators believe that the case law prior to the Directive sufficiently safeguards parodies against infringement, by granting them the status of autonomous, ‘transformative’ creations and leveraging on the fundamental freedoms of speech and artistic expression as enshrined in the Italian Constitution. In addition, they have lauded this approach for avoiding downgrading parody from an ‘overarching principle’ to a narrowly defined ‘exception’ to copyright protection. The present article criticizes this construct by dissecting and rebuking the related arguments. It emphasizes its inconsistency with the InfoSoc Directive and the recent case law of the Court of Justice of the European Union and submits that, paradoxically, framing parody as a principle leads to more restrictive outcomes than an ad verbum implementation of Article 5(3)(k).
      Keywords: Articles
      PubDate: 2022-01-31T23:00:00Z
       
  • Framing links and the prohibition of formalities

    • Authors: Schellekens; Maurice
      Abstract: 12 (2022) 5: The Berne Convention of 1886 prohibits subjecting foreign copyright holders to formalities that control the enjoyment and exercise of their rights. This has given an important impetus to the ‘international’ protection of copyrights. This century, there is increasing attention for the drawbacks of a prohibition of formalities. Formalities may make it more difficult to clear rights because they limit possibilities to make the registration of rights mandatory or to find solutions for the use of orphaned works. In its recent decision in VG Bild-Kunst case, the CJEU has arguably introduced a new formality. A copyright holder who wants to exercise control over hyperlinks and framing links to their work, has to use effective technological protection measures to clarify for which public they seek to make their work available on the internet. The reason for requiring technology is to make it easier for those making links to know what links are allowed and which ones are not. However, if foreign copyright holders can invoke the prohibition of formalities and can enforce their rights against makers of links, even if they did not use technology, the goal of more clarity on permitted uses would not be achieved. This article investigates how the old prohibition of formalities relates to the proposed new uses of technology.
      Keywords: Articles
      PubDate: 2022-01-31T23:00:00Z
       
  • The Digital Services Act: From Intermediary Liability to Platform
           Regulation

    • Authors: Buiten; Miriam C.
      Abstract: 12 (2022) 5: The proposed Digital Services Act (DSA) aims to reconcile the responsibilities of online platforms with their position as key intermediaries and essential sources and shapers of information. The DSA proposes new, asymmetric obligations, while maintaining the liability exemption for hosting providers. This article aims to provide an overview of the tiered obligations and to critically evaluate the regulatory approach of the DSA. The article calls into question whether the liability exemption based on playing a passive, neutral role reflects the extensive moderation that online platforms undertake as part of their business model. It considers the consequences of taking the responsibility of online platforms out of the domain of liability and into the domain of regulation and suggests alternative approaches to the liability regime.
      Keywords: Articles
      PubDate: 2022-01-31T23:00:00Z
       
  • Book Review: Competition and Regulation in the Data Economy: Does
           Artificial Intelligence Demand a New Balance'

    • Authors: Richter; Heiko
      Abstract: 12 (2022) 5:
      Keywords: Book Reviews
      PubDate: 2022-01-31T23:00:00Z
       
  • The Out-of-court dispute settlement mechanism in the Digital Services Act:
           A disservice to its own goals

    • Authors: Wimmers; Jörg
      Abstract: 12 (2022) 5: The Digital Services Act (DSA), proposed by the EU Commission, introduces extensive content moderation rules for online platforms. Under Article 18 DSA, users whose content has been blocked or removed or whose account has been suspended by the platform are entitled to select a certified out-of-court dispute settlement body to resolve their disputes with the service provider. The author describes context and parties of online speech, examines conditions and consequences of this redress mechanism, and concludes that the proposed provision is flawed in several ways: it does not approximate different regulation, but promotes fragmentation and creates legal uncertainty; it does not provide criteria or standards for the complex factual and legal determinations and balancing of rights in the area of online speech; and with the incentives set by this regulation, it opens the field for a race to the bottom. While out-of-court dispute settlement mechanisms usually aim at a consensual solution, placing emphasis on interests, rather than on the legal positions of the parties or on the rights asserted, free speech disputes are strictly normative and do not lend themselves to a settlement by private bodies, but are reserved for the judiciary. Moreover, most platforms have established appeals mechanisms for their users already allowing for a second review. By further extending this redress mechanism to decisions based on the platforms’ community standards, the DSA frustrates existing ‘flagging’-systems established by the platform providers, and thereby doing a disservice to its own goals. In the outlook the author proposes to modernize and build on the existing infrastructure of the judiciary to address needs of private persons to pursue their rights and to ensure the quality of process and decision, rather than duplicating the existing court system by adding a redress system of private alternative dispute resolution (ADR) bodies.
      Keywords: Articles
      PubDate: 2022-01-31T23:00:00Z
       
  • NFTs And Copyright Quandary

    • Authors: Vijayakumaran; Adarsh
      Abstract: 12 (2022) 5: NFTs have garnered massive investor attention in the last few years. While the technology is still at its nascent stage, the massive price pump for major NFTs such as Dragon kitty, Shatner’s digital cards, etc. show that NFTs are going to be with us for a very long time along with other blockchain innovations. The present article focuses on the right to create NFT as part of the statutory bundle of rights provided under the Copyright Act. The article discusses the copyright jurisprudence through historical lenses to exhibit that the copyright law has always been in a state of constant evolution encompassing wide variety of technological innovation on one hand and protecting the rights of the creators on the other. The article addresses questions such as if NFTs can be copyrighted, whether creation of an NFT without authorization amounts to copyright infringement, whether there exists a right to create an NFT among others. Finally, the article concludes the discussion by suggesting various ways in which the NFTs can be availed without the hullaballoo of copyright infringement by introduction of delimitation of rights and liabilities clauses within smart contracts, and by recognizing the right to create NFT as part of the copyright framework.
      Keywords: Articles
      PubDate: 2022-01-31T23:00:00Z
       
  • Book Review: The responsibility of online intermediaries for illegal user
           content in the EU and in the US

    • Authors: Spindler; Gerald
      Abstract: 12 (2022) 5:
      Keywords: Book Reviews
      PubDate: 2022-01-31T23:00:00Z
       
 
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