JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law
Not a member yet
417 research outputs found
Sort by
Start-ups and the proposed EU AI Act: Bridges or Barriers in the path from Invention to Innovation?
Get PDFStart-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
Attention, here comes the EU Data Act! A critical in-depth analysis of the Commission’s 2022 Proposal
Get PDFThe paper outlines the main elements of the 2022 EU Commission’s Data Act Proposal. The proposal is the apex of the Commission’s recent regulatory initiatives in the field of platforms and the data economy. The paper provides for a critical in-depth analysis of the proposal that forms the basis for concrete recommendations to improve the current text, all guided by the aim to help this legislative initiative to reach its objectives by curbing it, where necessary, and at the same time making it more focused and efficient
Transborder Transfer of Personal Data in Turkish Personal Data Protection Law
Get PDFTransborder 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\u27s 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\u27s 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
International Law Association’s Guidelines on Intellectual Property and Private International Law (“Kyoto Guidelines”): General Provisions
Get PDFThe chapter “General Provisions” of the International Law Association’s Guidelines on Intellectual Property and Private International Law (“Kyoto Guidelines”) focuses on their scope of application. It provides the conditions under which the Guidelines are intended to be applied. The Guidelines cover only cross border disputes and transactions between private parties involving intellectual property rights. Hence, they only refer to situations connected to more than one State. The definition of “intellectual property rights” is of particular relevance to determine the scope. Given the similarities to certain claims based on unfair competition the possibility to apply the Guidelines mutatis mutandis to such claims is also contemplated
The (Proposed) Transposition Of The Digital Content Directive In The Netherlands
Get PDFThe Dutch bill for the transposition of the Digital Content Directive, recently submitted to the Dutch parliament, will create a new Title in the Civil Code dealing with digital content and digital services contracts. In line with Dutch legislative tradition, the bill is closely aligned with Dutch (consumer) sales law, which is amended accordingly for the transposition of the Sale of Goods Directive. The most important feature of the new title on digital content and digital services contracts is the \u27open period\u27 during which a lack of conformity may arise: as long as the consumer could reasonably expect that the digital content or service would remain to be in conformity, any lack thereof entitles the consumer to a remedy. In this paper, the Dutch system and the implementation of the directive will be explained
