Subjects -> PATENTS, TRADEMARKS AND COPYRIGHTS (Total: 28 journals)
Showing 1 - 9 of 9 Journals sorted alphabetically
Berkeley Technology Law Journal     Free   (Followers: 15)
Expert Opinion on Therapeutic Patents     Hybrid Journal   (Followers: 9)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 17)
GRUR International     Full-text available via subscription  
IIC - International Review of Intellectual Property and Competition Law     Hybrid Journal   (Followers: 24)
International Data Privacy Law     Hybrid Journal   (Followers: 27)
International Journal of Innovation Science     Hybrid Journal   (Followers: 9)
International Journal of Intellectual Property Management     Hybrid Journal   (Followers: 26)
Invention Disclosure     Open Access   (Followers: 1)
IP Theory     Open Access   (Followers: 10)
JIPITEC Journal of Intellectual Property, Information Technology and E-Commerce Law     Open Access   (Followers: 21)
John Marshall Review of Intellectual Property Law     Free   (Followers: 8)
Journal of Copyright in Education & Librarianship     Open Access   (Followers: 29)
Journal of Data Protection & Privacy     Full-text available via subscription   (Followers: 5)
Journal of Intellectual Property Law & Practice     Hybrid Journal   (Followers: 25)
Journal of Intellectual Property Rights (JIPR)     Open Access   (Followers: 22)
Journal of Knowledge-based Innovation in China     Hybrid Journal   (Followers: 4)
Law, State and Telecommunications Review     Open Access  
Marquette Intellectual Property Law Review     Open Access   (Followers: 13)
Northwestern Journal of Technology and Intellectual Property     Open Access   (Followers: 7)
Reports of Patent, Design and Trade Mark Cases     Hybrid Journal   (Followers: 5)
Revista La Propiedad Inmaterial     Open Access  
The Journal of World Intellectual Property     Hybrid Journal   (Followers: 22)
World Patent Information     Hybrid Journal   (Followers: 15)
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Law, State and Telecommunications Review
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  This is an Open Access Journal Open Access journal
ISSN (Print) 1984-9729 - ISSN (Online) 1984-8161
Published by Universidade de Brasília Homepage  [65 journals]
  • AI Training Datasets & Article 14 GDPR

    • Authors: Iakovina Kindylidi, Inês Antas de Barros
      Pages: 1 - 27
      Abstract: [Purpose] At the earliest stages in AI lifecycle, training, verification and validation of machine learning and deep learning algorithm require vast datasets that usually contain personal data, which however is not obtained directly from the data subject, while very often the controller is not in a position to identify the data subjects or such identification may result to disproportionate effort. This situation raises the question on how the controller can comply with its obligation to provide information for the processing to the data subjects, especially when proving the information notice is impossible or requires a disproportionate effort. There is little to no guidance on the matter. The purpose of this paper is to address this gap by designing a clear risk-assessment methodology that can be followed by controllers when providing information to the data subjects is impossible or requires a disproportionate effort. [Methodology] After examining the scope of the transparency principle, Article 14 and its proportionality exemption in the training and verification stage of machine learning and deep learning algorithms following a doctrinal analysis, we assess whether already existing tools and methodologies can be adapted to accommodate the GDPR requirement of carrying a balancing test, in conjunction with, or independently of a DPIA. [Findings] Based on an interdisciplinary analysis, comprising theoretical and descriptive material from a legal and technological point of view, we propose a risk-assessment methodology as well as a series of risk-mitigating measures to ensure the protection of the data subject's rights and legitimate interests while fostering the uptake of the technology. [Practical Implications] The proposed balancing exercise and additional measures are designed to facilitate entities training or developing AI, especially SMEs, within and outside of the EEA, that wish to ensure and showcase the data protection compliance of their AI-based solutions.
      PubDate: 2021-09-07
      DOI: 10.26512/lstr.v13i2.36253
      Issue No: Vol. 13, No. 2 (2021)
       
  • General Data Protection Regulation (GDPR)

    • Authors: Ana Isabel Guerra, Maria João Machado, Maria Malta Fernandes, Patrícia Anjos Azevedo, Sérgio Tenreiro Tomás, Susana Sousa Machado
      Pages: 28 - 41
      Abstract: [Purpose] This paper intends to present an academic analysis about the legal, ethic and other issues raised by the General Data Protection Regulation, especially in Covid-19 time. In this context, we present the main legal aspects of networked privacy, online privacy literacy, transparency, data integrity and others. Besides, we present the employee´s rights in the context of the Covid-19 pandemic, such as the right to erase data, temperature monitoring, the employee´s consent, the legitimation of the processing of personal data and body temperature control. We also give a word about data protection and teleworking. Our purpose is to contribute for the evolution of law, regarding the challenges and all the changes in our daily-life, provoked by the Covid-19 pandemic. [Methodology] Our objectives are fundamentally achieved with a legal and doctrinal analysis, which is our methodology. The topics presented in this paper are linked between each other and this kind of joint treatment is our goal. [Findings] Privacy is a broad concept that includes a set of personal characteristics that go beyond a user's name and location. Personal data includes the fundamental rights that privacy helps to guarantee. The GDPR is a legal basis for the processing of personal data, which is directly applicable in the European Union and does not require national transpositions. Employers are facing increasingly complex challenges in the day-to-day of their companies, given the need to stop the spread of coronavirus. To respond to the growing threat of coronavirus, many employers are considering monitoring the health of their employees to minimize the risk of infection and contagion in the workplace. Consent as a free, informed and unequivocal manifestation, required by the GDPR, collides with the existing asymmetries in the employment relationship. Despite all the difficulties in framing consent, it is unequivocal that the employment relationship requires the collection and processing of numerous employee data. It is an inevitability. Teleworking, provided from the employee's home, was one of the first measures adopted in the context of the pandemic caused by the Covid-19 disease. This type of work provision raises a number of questions regarding the protection of employees' personal data, namely in terms of control by the employer.
      PubDate: 2021-09-07
      DOI: 10.26512/lstr.v13i2.37425
      Issue No: Vol. 13, No. 2 (2021)
       
  • Analyzing the Cyberspace Laws to Protect Data Privacy in Pakistan

    • Authors: Rashida Zahoor, Naseem Razi
      Pages: 42 - 55
      Abstract: [Purpose] Cyberspace technology has become an unavoidable forum for communications, connections, and transactions. This phenomenon, however, led to cybercrimes and hi-tech crimes such as data leaking, stealing, blackmailing, digital fraud, bullying and hacking, and all this has put the cyberspace technology at risk and a great threat to the security and privacy of the people. In Pakistan, cybercrimes are on the rise and despite several laws had been published on the topic, the rate of cybercrimes is increasing every passing year. In this context, this study examines the existing regulatory and legal framework for data protection in Pakistan and to find out the major challenges in the way of application and enforcement mechanism. [Methodology] The conceptual framework of the research answers the question on to what extent the existing laws and enforcement mechanism of Pakistan is effective in protecting the data and information in the cyberspace' It highlights the importance of cyberspace technology nowadays and addresses the global agenda to combat cybercrimes, analyzes the Pakistani laws on the protection of data and privacy in cyberspace, and identifies major challenges in the way of the enforcement mechanism. The study focuses on the cyberspace laws of Pakistan with reference to the cybercrimes from a national perspective. [Findings] This paper asserts that there is sufficient protection of cyberspace laws in Pakistan although they lack proper enforcement and are plagued with poor management.
      PubDate: 2021-09-07
      DOI: 10.26512/lstr.v13i2.35977
      Issue No: Vol. 13, No. 2 (2021)
       
  • Habeas Data, Habemus Algorithms

    • Authors: Jean-Marie Chenou, Laura Estefanía Rodríguez Valenzuela
      Pages: 56 - 77
      Abstract: [Purpose] Automated decision-making and algorithmic governance are increasingly implemented in Latin America in order to improve efficiency in public institutions. However, regulatory frameworks are limited, and the uncritical adoption of technological solutions might undermine fundamental rights, especially of marginalized and vulnerable groups. [Methodology] The article explores two cases of automated decision-making in the Colombian public sector from a social justice perspective. It also outlines current debates on the regulation of artificial intelligence and algorithmic governance at the global level. [Findings] The article shows that the techno-optimistic discourse on the improvement of decision-making through the adoption of algorithms and artificial intelligence ignores the implications in terms of fundamental rights. This leads to the adoption of technologies without the necessary transparency and policy debates. [Practical Implications] The outline of current debates in other regions could inform policy debates in Colombia and Latin America. They provide some guidelines on how to prevent some of the most serious pitfalls of automated decision-making in the public sector. [Originality] While most of the debates on automated decision-making focus on the Global North, this article explores two cases from Colombia and discusses the necessary policy debates on algorithmic governance in Latin America.
      PubDate: 2021-09-07
      DOI: 10.26512/lstr.v13i2.34113
      Issue No: Vol. 13, No. 2 (2021)
       
  • Investigation and Seizure of Electronic Media in the Production of
           Investigative Actions

    • Authors: Vitaliy Vasyukov, Zarina Ilduzovna Khisamova
      Pages: 78 - 88
      Abstract: [Purpose] This article is devoted to the study of the problem of authorization of the removal of electronic media according to Russian Criminal Procedure Code. [Methodology] The methodological basis of this study is a set of methods of scientific knowledge, among which the main place is taken by the methods of historicism, consistency, analysis and comparative law. The authors’ position is based on the legislation and opinions of the competent scientific environment on the need to use special knowledge in the investigation and seizure (copying) of electronic information relevant to the criminal case. [Findings] Based on a legal analysis of the rules of criminal procedure authors argue the necessity to use specialists in the field of information and communication technologies in inspections, searches, and seizures. The systematization of rules-exceptions that must be observed by investigators during inspections, searches, and seizures is carried out. The questions of the evidentiary value of the results of electronic withdrawal are raised.
      PubDate: 2021-09-07
      DOI: 10.26512/lstr.v13i2.25920
      Issue No: Vol. 13, No. 2 (2021)
       
  • Media in Armed Conflicts: Is It Still a Good Idea'

    • Authors: Shadi Alshdaifat, Ahmad Hayajneh
      Pages: 89 - 120
      Abstract: [Purpose] Many recent conflicts in different places in the world are considered as a perfect illustration of the growing risks faced by media working in conflict zones. It is therefore important to call renewed attention to the fact that direct harms against the media and its role are illegal based on the principles of international humanitarian law, which is the law that regulates the conduct of war (jus in bello) and protects civilian persons and objects, as long as they are not making an effective contribution to military action. The role of media and its great value cannot be considered a legitimate target in conflicts. Respectively, the media also benefit from all measures that must be taken by the conflicting parties measures –not confined to them alone– such as the principle of proportionality and the obligation to give a warning. As of late, many books and articles have been addressing the media in the time of conflicts. They all appear to discuss it either from one perspective, or consider its role concerning one single issue, but not daring to dive too deeply into specific related issues to the media in a time of conflicts. The purpose of this paper is to present evidence on how media plays a role in armed conflicts so that can help to prevent insecurity and violent conflict, and contribute to peace and justice. It aims to help recognize the importance of media and its positive and negative potential about conflicts. [Methodology] The paper will examine the available literature on this subject specifically focusing on the challenges faced by media and underlining the knowledge gaps around media in armed conflicts. [Findings] We have directed ourselves to approach the topic from a different perspective. We hope to accomplish it, in part, by introducing the role of media in armed conflicts and whether it is still a good idea.
      PubDate: 2021-09-07
      DOI: 10.26512/lstr.v13i2.36420
      Issue No: Vol. 13, No. 2 (2021)
       
  • The Role of Information and Communication Technologies in Civil Law
           Relations

    • Authors: Zhandos Zhetibayev, Sara Idrysheva
      Pages: 121 - 138
      Abstract: [Purpose] The purpose of the study is to establish using the methods of legal linguistics, synthesis and analysis of information the mechanism of formation of the conceptual sphere of cybersecurity and its representation in the texts of regulations. [Methodology] The methodological basis of the study was determined by the hermeneutic approach to jurisprudence which is mainly focused on methodology, legal technique, the logical and semantic interpretation of certain provisions of various branches of law. In the process of research, methods of analysis and synthesis of information, the comparative analysis also were used. [Findings] The authors note that the use of the system of civil law relations affects both the civil sphere directly and the procedural aspects of relations and partially the criminal branch of law. The synergistic nature of informatisation of civil law relations and consider it as a part of the system of general cybersecurity of the state as a whole were emphasized. The use of this concept and its legal construction was revealed. [Practical Implications] The practical significance of the study is determined by the possibility of forming an integrated system of using the mechanism for predicting the development of information and communication technologies to form an equilibrium environment for ensuring the rule of law. [Originality] The novelty of the study is determined by the fact that information and communication technologies are understood as components of a larger system of ensuring legal security in a country as a whole.
      PubDate: 2021-09-07
      DOI: 10.26512/lstr.v13i2.34142
      Issue No: Vol. 13, No. 2 (2021)
       
  • Sentencia T-030 de 2020 de la Corte Constitucional de Colombia

    • Authors: John Fernando Restrepo, Elkin Centeno
      Pages: 139 - 154
      Abstract: [Purpose] This text aims to present the factual and legal elemntes used by the Colombian Constitutional Court to issue Sentence T-030 0f 2020, in which the relationship between interner Access and education is made explicit. [Methodology] To prepare this analysis, it was decided to use a qualitative methodology with a critical-analytical approach referred to the sentence and the legal basis on which the protection of the right to education in favor of the rural child persone is decided. [Findings] The Constitutional Court estalisches that Access to the internet is a constitutional right that the State must provide in accordance with principle of progressivity that supports the quality of education, understood as an essential budget to access Sciences, knowledge and take an active part in public and social decisions that help a subject to become an actor of change and social interaction.
      PubDate: 2021-09-07
      DOI: 10.26512/lstr.v13i2.36087
      Issue No: Vol. 13, No. 2 (2021)
       
  • The Evaluation of Electronic and Documentary Evidence in the Civil Sphere

    • Authors: Mónica María Bustamante Rúa, Ángel Francisco Galvis Lugo
      Pages: 155 - 197
      Abstract: [Purpose] To analyze the process of evaluation of electronic evidence in the civil sphere in Colombian legislation, from the differential point of view of documentary evidence, taking in account the particular technical elements of this means of evidence. [Methodology] This is a critical doctrinal type research, by contrasting the legal norms that regulate the issue of assessment, with the doctrinal trends that explain the process of evidentiary assessment academically, all applied in parallel to the value judgment that must be made by the civil case judge regarding documentary evidence and electronic evidence in order to establish the differences between both means of evidence and more precisely regarding their judicial assessment, to determine the differential implications of a Correct evaluation exercise of the electronic evidence and its repercussion in the judicial decision as the culmination of the jurisdictional activity.[Findings] The process of evidentiary evaluation is of special importance in the judicial process, since it follows the conviction of the judge of the case regarding the facts of the process, from which the rule of trial is structured; Hence, the evaluation of the electronic evidence implies a differential and particularized process in technical terms, which differs from the evaluation of the documentary evidence, in order to correctly bring to the process the representation of the facts contained in electronic media, which entails the urgent need for basic training of the judge in matters of computer evidence, since the rules of sound criticism and the free assessment of evidence as a standard of evidence, must be added with the assessment of technical and methodological aspects of this means of evidence, whose parameters are established in this investigation.
      PubDate: 2021-09-07
      DOI: 10.26512/lstr.v13i2.37266
      Issue No: Vol. 13, No. 2 (2021)
       
  • The Internet of Things

    • Authors: Campos Pataca
      Pages: 198 - 220
      Abstract: [Purpose] The purpose of the article is to characterize the internet of things in its diversity of terminological approach, base of protocols, technological information and main applications. [Methodology] The article communicates the bibliographic research on the theme, in an exploratory descriptive study approach. From the bibliographic research it was possible to identify the different typologies of the internet of things and to establish the conceptual differences and specificities, both technological and their application. [Findings] The article goes through an analysis of the evolution of the web, establishing the precise link of the emergence of the internet of things in web 3.0. It establishes the specific difference between the internet of things and the internet of everything in terms of the basic pillars of interaction. While the range of applications highlights five main domains: domestic, social, environmental, technological and emergency. [Practical Implications] The article has an evident application to characterize the stack of specific communication and security protocols, in addition to the common ones of the internet. It can also provide the different actors with the appropriate options for the desired applications according to the specificities. [Originality] The article features nineteen specific types of internet of things in a single documentary text and a synthesis of applications grouped into areas or domains.
      PubDate: 2021-09-07
      DOI: 10.26512/lstr.v13i2.32773
      Issue No: Vol. 13, No. 2 (2021)
       
  • Journal Info

    • Authors: Editorial Board
      Pages: 221 - 222
      Abstract:
      DOI : https://doi.org/10.26512/l.s.t.r..v13i2 SCOPUS Q2 - MIAR Index 9.6 Editor: Prof. Marcio Iorio Aranha (University of Brasilia, BRAZIL) Editorial Board: Prof. Marcio Iorio Aranha (University of Brasilia – BRAZIL), Prof. André Rossi (Utah Valley University - USA), Prof. Ana Frazao (Universidade de Brasilia - BRAZIL), Prof. Clara Luz Alvarez (Universidad Panamericana - MEXICO), Prof. Diego Cardona (Universidad de Rosario - COLOMBIA), Prof. Flavia M. S. Oliveira (Universidade de Brasilia - BRAZIL) Prof. Francisco Sierra Caballero (Universidad de Sevilla - SPAIN), Prof. Fabio Bassan (Universitá degli Studi Roma Tre - ITALIA), Prof. Hernán Galperin (University of Southern California - USA), Prof. Jerônimo Siqueira Tybusch (Universidade Federal de Santa Maria - BRAZIL), Prof. João Alberto de Oliveira Lima (Universidade do Legislativo Brasileiro - BRAZIL), Prof. Judith Mariscal (CIDE - MEXICO), Prof. Liliana Ruiz de Alonso (Universidad San Martín de Porres - PERU), Prof. Lucas Sierra (Universidad de Chile - CHILE), Prof. Luís Fernando Ramos Molinaro (Universidade de Brasília - BRAZIL), Prof. Murilo César Ramos (Universidade de Brasília - BRAZIL), Prof. Raúl Katz (Columbia University - USA), Prof. Roberto Muñoz (Universidad Técnica - CHILE).
      ISSN : 1984-9729 E
      ISSN : 1984-8161 Periodicity: annual issues uninterrupted since May 2009 and two annual issues on May and October uninterrupted since May 2018. Mission/Scope/Focus: http://periodicos.unb.br/index.php/RDET/about Submission process: authors are requested to submit their papers following the instructions at http://periodicos.unb.br/index.php/RDET/about/submissions. The journal adopts the double-blind peer review process. Archiving policy: LOCKSS-CARINIANA, DOAJ and Brazil’s Senate Library. Indexation: SCOPUS (Elsevier); CROSSREF; ROAD; THE KEEPERS; LATINDEX (28283); EBSCOhost research databases (EBSCO Publishing Inc.); Gale Group; AE Global Index; OAI (Open Archives Initiative) - DOAJ (Directory of Open Access Journals); WorldCat; Google Scholar; The European Library; CIEPS (Centre International d’Enregistrement des Publications en Série); Sistemas SEER e Diadorim, do IBICT. Permanent Web Identifier: LexML and
      DOI .
      PubDate: 2021-09-07
      Issue No: Vol. 13, No. 2 (2021)
       
 
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