Proprietary Rights And Data

Author : Adolf Maier
Publisher : Unknown
Page : 42 pages
File Size : 47,6 Mb
Release : 2019-07-25
Category : Electronic
ISBN : 3668995125

Get Book

Ownership. Proprietary Rights in Technical Data, Information and Know-How by Adolf Maier Pdf

Thesis (M.A.) from the year 2019 in the subject Law - Media, Multimedia Law, Copyright, grade: 70 points, distinction, University of Salford (College of Business and Law), language: English, abstract: The study analyses the relevant IPR (patent, copyright, database right, trade secret) for technical data, information and know-how. The common law claim of breach of confidence forms the starting basis. The legal characteristics to classify the three subjects as proprietary rights are examined, in particular whether they can attract IP protection. Technical data, information and know-how are important in a data-driven, digital economy. Their adequate legal protection has been discussed for a long time. An additional debate on the legal characterization of data and the legal rules applicable to them has started in recent years and is still ongoing. As a contribution to this debate, this study summarizes the current state of legal protection for the three subjects and evaluates the appropriate proprietary rights. The study involves a legal research on the relevant court cases, legislation and literature. The previous court rulings concerning the breach of confidence form the basis for the legal analysis. Then, the study examines the limits of the protection of patent, copyright and database right for data, information and know-how. The newly introduced legal instrument of trade secret may provide a suitable legal protection for the three subjects and has the potential to clarify some discussed legal issues, particularly in respect of data as immaterial thing. The study shows the constant challenge to properly capture the developments in the digital technology by the legal terms and instruments of intellectual property law.

Author : National Academy of Engineering
Publisher : National Academies Press
Page : 239 pages
File Size : 46,8 Mb
Release : 2001-09-13
Category : Technology & Engineering
ISBN : 9780309062435

Get Book

Information Systems and the Environment by National Academy of Engineering Pdf

Information technology is a powerful tool for meeting environmental objectives and promoting sustainable development. This collection of papers by leaders in industry, government, and academia explores how information technology can improve environmental performance by individual firms, collaborations among firms, and collaborations among firms, government agencies, and academia. Information systems can also be used by nonprofit organizations and the government to inform the public about broad environmental issues and environmental conditions in their neighborhoods. Several papers address the challenges to information management posed by the explosive increase in information and knowledge about environmental issues and potential solutions, including determining what information is environmentally relevant and how it can be used in decision making. In addition, case studies are described and show how industry is using information systems to ensure sustainable development and meet environmental standards. The book also includes examples from the public sector showing how governments use information knowledge systems to disseminate "best practices" beyond big firms to small businesses, and from the world of the Internet showing how knowledge is shared among environmental advocates and the general public.

Author : United States. Congress. House. Select Committee on Small Business
Publisher : Unknown
Page : 240 pages
File Size : 46,9 Mb
Release : 1960
Category : Defense contracts
ISBN : LOC:00122024143

Get Book

Proprietary Rights and Data by United States. Congress. House. Select Committee on Small Business Pdf

Examines allegations that small business concerns are required to supply information to prime contractors or to the Government including invaluable privately owned technological data, which is subsequently made available to other bidders and contractors.

Author : Jan Bernd Nordemann,Christian Czychowski
Publisher : Kluwer Law International B.V.
Page : 605 pages
File Size : 52,9 Mb
Release : 2021-08-23
Category : Law
ISBN : 9789403532813

Get Book

Law of Raw Data by Jan Bernd Nordemann,Christian Czychowski Pdf

Data, in its raw or unstructured form, has become an important and valuable economic asset, lending it the sobriquet of ‘the oil of the twenty-first century’. Clearly, as intellectual property, raw data must be legally defined if not somehow protected to ensure that its access and re-use can be subject to legal relations. As legislators struggle to develop a settled legal regime in this complex area, this indispensable handbook will offer a careful and dedicated analysis of the legal instruments and remedies, both existing and potential, that provide such protection across a wide variety of national legal systems. Produced under the auspices of the International Association for the Protection of International Property (AIPPI), more than forty of the association’s specialists from twenty-three countries worldwide contribute national chapters on the relevant law in their respective jurisdictions. The contributions thoroughly explain how each country approaches such crucial matters as the following: if there is any intellectual property right available to protect raw data; the nature of such intellectual property rights that exist in unstructured data; contracts on data and which legal boundaries stand in the way of contract drafting; liability for data products or services; and questions of international private law and cross-border portability. Each country’s rules concerning specific forms of data – such as data embedded in household appliances and consumer goods, criminal offence data, data relating to human genetics, tax and bank secrecy, medical records, and clinical trial data – are described, drawing on legislation, regulation, and case law. A matchless legal resource on one of the most important raw materials of the twenty-first century, this book provides corporate counsel, practitioners and policymakers working in the field of intellectual property rights, and concerned academics with both a broad-based global overview on emerging legal strategies in the protection of unstructured data and the latest information on existing legislation and regulation in the area.

Author : United States. Congress. House. Select Committee on Small Business
Publisher : Unknown
Page : 240 pages
File Size : 53,8 Mb
Release : 1960
Category : Electronic
ISBN : STANFORD:36105110745689

Get Book

Proprietary Rights and Data, Hearings Before Subcommittee No. 2 of ... 86-2 Pursuant to H. Res. 51 by United States. Congress. House. Select Committee on Small Business Pdf

Author : Mor Bakhoum,Beatriz Conde Gallego,Mark-Oliver Mackenrodt,Gintarė Surblytė-Namavičienė
Publisher : Springer
Page : 577 pages
File Size : 48,5 Mb
Release : 2018-11-02
Category : Law
ISBN : 9783662576465

Get Book

Personal Data in Competition, Consumer Protection and Intellectual Property Law by Mor Bakhoum,Beatriz Conde Gallego,Mark-Oliver Mackenrodt,Gintarė Surblytė-Namavičienė Pdf

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.

Author : Nadezhda Purtova
Publisher : Unknown
Page : 0 pages
File Size : 43,5 Mb
Release : 2012
Category : Data protection
ISBN : 9041138021

Get Book

Property Rights in Personal Data by Nadezhda Purtova Pdf

Originally presented as the author's thesis (doctoral)--Tilburg Institute for Law, Technology and Society, 2011.

Author : Mira Burri
Publisher : Cambridge University Press
Page : 407 pages
File Size : 40,7 Mb
Release : 2021-07-29
Category : Business & Economics
ISBN : 9781108843591

Get Book

Big Data and Global Trade Law by Mira Burri Pdf

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.

Author : Jasper A. Bovenberg
Publisher : Martinus Nijhoff Publishers
Page : 226 pages
File Size : 51,9 Mb
Release : 2006
Category : Law
ISBN : 9789004150539

Get Book

Property Rights in Blood, Genes and Data by Jasper A. Bovenberg Pdf

Taking a case and context driven approach and backing up traditional legal analysis with historical analogies, web-surveys and practical experience, "Jasper Bovenberg" provides counter-intuitive, provocative and practical answers and recommendations for such controversial issues as how to share the benefits of DNA research, whether or not to recognize personal property rights in bodily material and access to biomedical datasets in academia.

Author : Neil Wilkof,Shamnad Basheer
Publisher : OUP Oxford
Page : 2706 pages
File Size : 44,7 Mb
Release : 2012-08-30
Category : Law
ISBN : 9780191642890

Get Book

Overlapping Intellectual Property Rights by Neil Wilkof,Shamnad Basheer Pdf

Providing a comprehensive and systematic commentary on the nature of overlapping Intellectual Property rights and their place in practice, this book is a major contribution to the way that IP is understood. IP rights are mostly studied in isolation, yet in practice each of the legal categories created to protect IP rights will usually only provide partial legal coverage of the broader context in which such rights are actually created, used, and enforced. Consequently, often multiple IP rights may overlap, in whole or in part, with respect to the same underlying subject matter. Some patterns, for instance, in addition to being protected from copying under the design rights regime, may also be distinctive enough to warrant trade mark protection. Each chapter addresses a discrete pair of IP rights and is written by a specialist in that area. Facilitating an understanding of how and when those rights may be encountered in practice, each chapter is introduced by a hypothetical situation setting out the overlap discussed in the chapter. The conceptual and practical issues arising from this situation are then discussed, providing practitioners with a full understanding of the overlap. Also included is a valuable summary table setting out the legal position for each set of overlapping rights in jurisdictions across Europe, Central and South America, and Asia, and the differences between them.

Author : Committee on Issues in the Transborder Flow of Scientific Data,Commission on Physical Sciences, Mathematics, and Applications,Division on Engineering and Physical Sciences,National Research Council
Publisher : National Academies Press
Page : 250 pages
File Size : 48,7 Mb
Release : 1997-08-21
Category : Computers
ISBN : 9780309523561

Get Book

Bits of Power by Committee on Issues in the Transborder Flow of Scientific Data,Commission on Physical Sciences, Mathematics, and Applications,Division on Engineering and Physical Sciences,National Research Council Pdf

Since Galileo corresponded with Kepler, the community of scientists has become increasingly international. A DNA sequence is as significant to a researcher in Novosibirsk as it is to one in Pasadena. And with the advent of electronic communications technology, these experts can share information within minutes. What are the consequences when more bits of scientific data cross more national borders and do it more swiftly than ever before? Bits of Power assesses the state of international exchange of data in the natural sciences, identifying strengths, weaknesses, and challenges. The committee makes recommendations about access to scientific data derived from public funding. The volume examines: Trends in the electronic transfer and management of scientific data. Pressure toward commercialization of scientific data, including the economic aspects of government dissemination of the data. The implications of proposed changes to intellectual property laws and the role of scientists in shaping legislative and legal solutions. Improving access to scientific data by and from the developing world. Bits of Power explores how these issues have been addressed in the European Community and includes examples of successful data transfer activities in the natural sciences. The book will be of interest to scientists and scientific data managers, as well as intellectual property rights attorneys, legislators, government agencies, and international organizations concerned about the electronic flow of scientific data.

Author : Adam Buick
Publisher : Springer Nature
Page : 236 pages
File Size : 54,6 Mb
Release : 2023-05-12
Category : Law
ISBN : 9783031294365

Get Book

Intellectual Property Rights in Pharmaceutical Test Data by Adam Buick Pdf

This book considers the intellectual property protection of clinical test data that has been submitted to governments, in particular through test data exclusivity rights. It focuses on how these intellectual property rights first emerged in the early 1980s, how they have globalised over the past four decades, and what impact they have had upon access to medicine. This book makes a number of significant and original contributions to the literature around the protection of submitted test data. First, the book draws upon the theory of regulatory globalisation to provide an explanation of how intellectual property rights in submitted pharmaceutical test data have become nearly ubiquitous in the legal systems of most major economies. Second, through a comprehensive analysis and synthesis of provisions on the protection of submitted test data in free trade agreements, as well as a comparison of a range of national approaches to the protection of submitted test data, it reveals the broader global regulatory pattern that has given rise to these intellectual property rights. Third, by analysing data on drug approvals in the US, it provides an empirical insight into the impact of test data exclusivity in national pharmaceutical markets. Fourth, the book covers a number of developments regarding test data exclusivity that have occurred as a result of responses to the COVID-19 pandemic, both at the national level as well as at the World Trade Organisation (WTO). This book will appeal to academics researching the intersection of intellectual property and the life sciences, civil society activists working to promote access to medicines, and students (particularly those at the post-graduate level) studying the relationship between intellectual property and medicine.

Author : Marcelo Corrales Compagnucci
Publisher : Springer Nature
Page : 308 pages
File Size : 40,7 Mb
Release : 2019-11-02
Category : Law
ISBN : 9789811503498

Get Book

Big Data, Databases and "Ownership" Rights in the Cloud by Marcelo Corrales Compagnucci Pdf

Two of the most important developments of this new century are the emergence of cloud computing and big data. However, the uncertainties surrounding the failure of cloud service providers to clearly assert ownership rights over data and databases during cloud computing transactions and big data services have been perceived as imposing legal risks and transaction costs. This lack of clear ownership rights is also seen as slowing down the capacity of the Internet market to thrive. Click-through agreements drafted on a take-it-or-leave-it basis govern the current state of the art, and they do not allow much room for negotiation. The novel contribution of this book proffers a new contractual model advocating the extension of the negotiation capabilities of cloud customers, thus enabling an automated and machine-readable framework, orchestrated by a cloud broker. Cloud computing and big data are constantly evolving and transforming into new paradigms where cloud brokers are predicted to play a vital role as innovation intermediaries adding extra value to the entire life cycle. This evolution will alleviate the legal uncertainties in society by means of embedding legal requirements in the user interface and related computer systems or its code. This book situates the theories of law and economics and behavioral law and economics in the context of cloud computing and takes database rights and ownership rights of data as prime examples to represent the problem of collecting, outsourcing, and sharing data and databases on a global scale. It does this by highlighting the legal constraints concerning ownership rights of data and databases and proposes finding a solution outside the boundaries and limitations of the law. By allowing cloud brokers to establish themselves in the market as entities coordinating and actively engaging in the negotiation of service-level agreements (SLAs), individual customers as well as small and medium-sized enterprises could efficiently and effortlessly choose a cloud provider that best suits their needs. This approach, which the author calls “plan-like architectures,” endeavors to create a more trustworthy cloud computing environment and to yield radical new results for the development of the cloud computing and big data markets.

Author : Amnon Lehavi
Publisher : Cambridge University Press
Page : 301 pages
File Size : 46,5 Mb
Release : 2019-01-17
Category : Law
ISBN : 9781108425124

Get Book

Property Law in a Globalizing World by Amnon Lehavi Pdf

Why property law needs globalization strategies -- Local to global : an institutional analysis -- Land -- Tangible goods, monetary claims, investment securities -- Intellectual property, data, and digital assets -- Security interests and proprietary priorities in insolvency

Author : Tahu Kukutai,John Taylor
Publisher : ANU Press
Page : 344 pages
File Size : 40,9 Mb
Release : 2016-11-14
Category : Social Science
ISBN : 9781760460310

Get Book

Indigenous Data Sovereignty by Tahu Kukutai,John Taylor Pdf

As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines