Regulating Industrial Internet Through Ipr Data Protection And Competition Law

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Regulating Industrial Internet Through IPR, Data Protection and Competition Law

Author : Rosa Maria Ballardini,Petri Kuoppamäki,Olli Pitkänen
Publisher : Kluwer Law International B.V.
Page : 511 pages
File Size : 50,7 Mb
Release : 2019-08-28
Category : Law
ISBN : 9789403503417

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Regulating Industrial Internet Through IPR, Data Protection and Competition Law by Rosa Maria Ballardini,Petri Kuoppamäki,Olli Pitkänen Pdf

The digitization of industrial processes has suddenly taken a great leap forward, with burgeoning applications in manufacturing, transportation and numerous other areas. Many stakeholders, however, are uncertain about the opportunities and risks associated with it and what it really means for businesses and national economies. Clarity of legal rules is now a pressing necessity. This book, the first to deal with legal questions related to Industrial Internet, follows a multidisciplinary approach that is instructed by law concerning intellectual property, data protection, competition, contracts and licensing, focusing on business, technology and policy-driven issues. Experts in various relevant fields of science and industry measure the legal tensions created by Industrial Internet in our global economy and propose solutions that are both theoretically valuable and concretely practical, identifying workable business models and practices based on both technical and legal knowledge. Perspectives include the following: regulating Industrial Internet via intellectual property rights (IPR); data ownership versus control over data; artificial intelligence and IPR infringement; patent owning in Industrial Internet; abuse of dominance in Industrial Internet platforms; data collaboration, pooling and hoarding; legal implications of granular versioning technologies; and misuse of information for anticompetitive purposes. The book represents a record of a major collaborative project, held between 2016 and 2019 in Finland, involving a number of universities, technology firms and law firms. As Industrial Internet technologies are already being used in several businesses, it is of paramount importance for the global economy that legal, business and policy-related challenges are promptly analyzed and discussed. This crucially important book not only reveals the legal and policy-related issues that we soon will have to deal with but also facilitates the creation of legislation and policies that promote Industrial-Internet-related technologies and new business opportunities. It will be warmly welcomed by practitioners, patent and other IPR attorneys, innovation economists and companies operating in the Industrial Internet ecosystem, as well as by competition authorities and other policymakers.

Personal Data in Competition, Consumer Protection and Intellectual Property Law

Author : Mor Bakhoum,Beatriz Conde Gallego,Mark-Oliver Mackenrodt,Gintarė Surblytė-Namavičienė
Publisher : Springer
Page : 577 pages
File Size : 46,7 Mb
Release : 2018-11-02
Category : Law
ISBN : 9783662576465

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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.

Competition on the Internet

Author : Gintarė Surblytė
Publisher : Springer
Page : 108 pages
File Size : 47,5 Mb
Release : 2014-11-24
Category : Law
ISBN : 9783642550966

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Competition on the Internet by Gintarė Surblytė Pdf

Undeniably widespread and powerful as it is, the Internet is not almighty: it can reach as high as the skies (cloud computing), but it cannot escape competition. Yet, safeguarding competition in “the network of networks” is not without challenges: not only are competitive processes in platform-based industries complex, so is competition law analysis. The latter is often challenged by the difficulties in predicting the outcome of competition, in particular in terms of innovation. Do the specific competition law issues in a digital environment presuppose a reconsideration of competition law concepts and their application? Can current competition law tools be adjusted to the rush pace of dynamic industries? To what extent could competition law be supplemented by regulation – is the latter a foe or rather an ally? This book provides an analysis of recent developments in the most relevant competition law cases in a digital environment on both sides of the Atlantic (the EU and the US) and assesses platform competition issues from a legal as well as an economic point of view.

Competition Law and Big Data

Author : Beata Mäihäniemi
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 41,7 Mb
Release : 2020-02-28
Category : Law
ISBN : 9781788974264

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Competition Law and Big Data by Beata Mäihäniemi Pdf

In this timely book, Beata Mäihäniemi analyses and evaluates how the characteristics of information as a good, as well as the characteristics of digital platforms, affect the application of competition law in both theory and practice.

Legal Challenges of Big Data

Author : Joe Cannataci,Valeria Falce,Oreste Pollicino
Publisher : Edward Elgar Publishing
Page : 328 pages
File Size : 47,6 Mb
Release : 2020-09-25
Category : Law
ISBN : 9781788976220

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Legal Challenges of Big Data by Joe Cannataci,Valeria Falce,Oreste Pollicino Pdf

This groundbreaking book explores the new legal and economic challenges triggered by big data, and analyses the interactions among and between intellectual property, competition law, free speech, privacy and other fundamental rights vis-à-vis big data analysis and algorithms.

Artificial Intelligence and the Media

Author : Pihlajarinne, Taina,Alén-Savikko, Anette
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 50,8 Mb
Release : 2022-02-22
Category : Law
ISBN : 9781839109973

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Artificial Intelligence and the Media by Pihlajarinne, Taina,Alén-Savikko, Anette Pdf

This timely book presents a detailed analysis of the role of law and regulation in the utilisation of Artificial Intelligence (AI) in the media sector. As well as contributing to the wider discussion on law and AI, the book also digs deeper by exploring pressing issues at the intersections of AI, media, and the law. Chapters critically re-examine various rights and responsibilities from the perspectives of incentives for accountable utilisation of AI in the industry.

Enforcing Privacy

Author : David Wright,Paul De Hert
Publisher : Springer
Page : 506 pages
File Size : 44,7 Mb
Release : 2016-04-19
Category : Law
ISBN : 9783319250472

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Enforcing Privacy by David Wright,Paul De Hert Pdf

This book is about enforcing privacy and data protection. It demonstrates different approaches – regulatory, legal and technological – to enforcing privacy. If regulators do not enforce laws or regulations or codes or do not have the resources, political support or wherewithal to enforce them, they effectively eviscerate and make meaningless such laws or regulations or codes, no matter how laudable or well-intentioned. In some cases, however, the mere existence of such laws or regulations, combined with a credible threat to invoke them, is sufficient for regulatory purposes. But the threat has to be credible. As some of the authors in this book make clear – it is a theme that runs throughout this book – “carrots” and “soft law” need to be backed up by “sticks” and “hard law”. The authors of this book view privacy enforcement as an activity that goes beyond regulatory enforcement, however. In some sense, enforcing privacy is a task that befalls to all of us. Privacy advocates and members of the public can play an important role in combatting the continuing intrusions upon privacy by governments, intelligence agencies and big companies. Contributors to this book - including regulators, privacy advocates, academics, SMEs, a Member of the European Parliament, lawyers and a technology researcher – share their views in the one and only book on Enforcing Privacy.

Intellectual Property and Competition Law

Author : Lorena Tealdo
Publisher : Youcanprint
Page : 158 pages
File Size : 48,8 Mb
Release : 2021-03-10
Category : Law
ISBN : 9791220317436

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Intellectual Property and Competition Law by Lorena Tealdo Pdf

It is important to say that innovation influences the market and its operators, especially about competition conditions. One of the most significant technological advances relates to the possibility of capturing a huge amount of information and the rapid processing thereof (two of the main features that make up the phenomenon known as big data). This not only entails the emergence of specialised operators in these activities, but also makes a “data economy” possible. In this regard, it expands the profitability of business models based on data and gives more strategic value to the collection thereof. The increased possibilities of obtaining revenue from the information lends greater efficiency to the strategy of setting a price of zero in one of the markets on which platform-type (two-sided) business models depend. However, the market in which an operator offers its service at zero cost is not free from possible competition problems in parameters other than price (significantly, quality: whether understood as adequately classified information or the level of privacy offered to users). Therefore, the competition authorities must necessarily abandon a price-centric perspective and enter into an assessment of other parameters already foreseen in the Competition Act. Some of the most recent and significant changes that technology has stimulated in the economy have included the appearance of multiple operators that base their business model on the processing of information and can access it thanks to (i) increased digitisation (conversion of physical assets into information), which has enabled digital interactions (unlike physical interactions, they leave a record – information), and (ii) a large volume of information (Internet and sensors). These changes have not only allowed the proliferation of business models based on information processing but rather, in particular, they can be found in those operators that have achieved the most significant success recently (from Google to Facebook, WhatsApp or LinkedIn, through to Uber and Airbnb). From the industrial revolution and until well into the twentieth century, the most important competitive advantage of economic operators was based on their ability to produce and distribute goods or physical products. However, in recent decades, a particular phenomenon has emerged of the transformation of physical goods (atoms) into information (bits). In other words, the physical format is becoming less relevant while the importance of data continues to grow. A trend which, far from disappearing, it seems will become ever more entrenched, with the eventual widespread use of 3D printers. Thus, the most important competitive advantage appears to have moved from production and distribution to information (data) and its management. Multiple economic operators, aware of the growing importance of data, have invested in aspects related to it, particularly in its collection and processing. This has led to the phenomenon known as big data, characterised by the “4 Vs”: volume, variety, velocity (of processing) and veracity. In any case, without addressing at this time privacy considerations, data collection requires an investment meaning that any operator that has such data enjoys a competitive advantage. These large data sets are becoming a core asset in the economy, fostering new industries, processes and products and creating significant competitive advantages.

A Critical Mind

Author : Christine Godt,Matthias Lamping
Publisher : Springer Nature
Page : 790 pages
File Size : 42,8 Mb
Release : 2023-06-22
Category : Law
ISBN : 9783662659748

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A Critical Mind by Christine Godt,Matthias Lamping Pdf

This book traces the academic footprint of Hanns Ullrich. Thirty contributions revolve around five central topics of his oeuvre: the European legal order, competition law, intellectual property, the regulation of new technologies, and the global market order. Acknowledging him as a trailblazer, the book aims to capture how deeply Hanns Ullrich has influenced contemporaries and subsequent generations of scholars. The contributors re-iterate the path-breaking patterns of his teachings, such as his contemplation of intellectual property as embedded in competition, the necessity of balancing private and public interests in intellectual property law, the policies of market integration, and the peculiar relationship of technological advancement and protectionism.

CLARIN

Author : Darja Fišer,Andreas Witt
Publisher : Walter de Gruyter GmbH & Co KG
Page : 500 pages
File Size : 47,5 Mb
Release : 2022-10-24
Category : Computers
ISBN : 9783110767407

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CLARIN by Darja Fišer,Andreas Witt Pdf

CLARIN, the "Common Language Resources and Technology Infrastructure", has established itself as a major player in the field of research infrastructures for the humanities. This volume provides a comprehensive overview of the organization, its members, its goals and its functioning, as well as of the tools and resources hosted by the infrastructure. The many contributors representing various fields, from computer science to law to psychology, analyse a wide range of topics, such as the technology behind the CLARIN infrastructure, the use of CLARIN resources in diverse research projects, the achievements of selected national CLARIN consortia, and the challenges that CLARIN has faced and will face in the future. The book will be published in 2022, 10 years after the establishment of CLARIN as a European Research Infrastructure Consortium by the European Commission (Decision 2012/136/EU). Watch our talk with the editors Darja Fišer and Andreas Witt here: https://youtu.be/ZOoiGbmMbxI

EU Competition Law, Data Protection and Online Platforms: Data as Essential Facility

Author : Inge Graef
Publisher : Kluwer Law International B.V.
Page : 442 pages
File Size : 45,6 Mb
Release : 2016-10-17
Category : Law
ISBN : 9789041183255

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EU Competition Law, Data Protection and Online Platforms: Data as Essential Facility by Inge Graef Pdf

All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.

The Autonomous Legal Concept of Communication to the Public

Author : Branka Marušić
Publisher : Edward Elgar Publishing
Page : 257 pages
File Size : 45,7 Mb
Release : 2023-05-09
Category : Law
ISBN : 9781035302239

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The Autonomous Legal Concept of Communication to the Public by Branka Marušić Pdf

The economic right of a copyright holder to communicate to the public has become an increasingly important and complex issue in recent years, this is partially due to changes in the way that content is accessed and consumed online. This innovative book analyses the right of communication to the public, taking account of what legal standing an autonomous legal concept can hold, and how this is impacted by wider harmonisation efforts at an EU level.

Constitutional Challenges in the Algorithmic Society

Author : Hans-W. Micklitz,Oreste Pollicino,Amnon Reichman,Andrea Simoncini,Giovanni Sartor,Giovanni De Gregorio
Publisher : Cambridge University Press
Page : 341 pages
File Size : 41,9 Mb
Release : 2021-12-02
Category : Law
ISBN : 9781108843126

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Constitutional Challenges in the Algorithmic Society by Hans-W. Micklitz,Oreste Pollicino,Amnon Reichman,Andrea Simoncini,Giovanni Sartor,Giovanni De Gregorio Pdf

How can the law address the constitutional challenges of the algorithmic society? This volume provides possible solutions.

Springer Handbook of Additive Manufacturing

Author : Eujin Pei,Alain Bernard,Dongdong Gu,Christoph Klahn,Mario Monzón,Maren Petersen,Tao Sun
Publisher : Springer Nature
Page : 994 pages
File Size : 43,6 Mb
Release : 2023-11-25
Category : Technology & Engineering
ISBN : 9783031207525

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Springer Handbook of Additive Manufacturing by Eujin Pei,Alain Bernard,Dongdong Gu,Christoph Klahn,Mario Monzón,Maren Petersen,Tao Sun Pdf

This Handbook is the ultimate definitive guide that covers key fundamentals and advanced applications for Additive Manufacturing. The Handbook has been structured into seven sections, comprising of a thorough Introduction to Additive Manufacturing; Design and Data; Processes; Materials; Post-processing, Testing and Inspection; Education and Training; and Applications and Case Study Examples. The general principles and functional relationships are described in each chapter and supplemented with industry use cases. The aim of this book is to help designers, engineers and manufacturers understand the state-of-the-art developments in the field of Additive Manufacturing. Although this book is primarily aimed at students and educators, it will appeal to researchers and industrial professionals working with technology users, machine or component manufacturers to help them make better decisions in the implementation of Additive Manufacturing and its applications.

The Rule of Law and Automated Decision-Making

Author : Markku Suksi
Publisher : Springer Nature
Page : 222 pages
File Size : 49,7 Mb
Release : 2023-07-24
Category : Law
ISBN : 9783031301421

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The Rule of Law and Automated Decision-Making by Markku Suksi Pdf

The book presents observations concerning automated decision-making from a general point of view at the same time as it analyses the manner in which praxis in some jurisdictions has evolved as concerns automated decision-making and how the requirements that are placed by the legal orders on it are formulated. The principle of the rule of law should apply in the context of automated decision-making of public authorities just as much as when the decision-makers are physical persons. In sync with increasing automatization of decision-making in public authorities, problematizing questions about the appropriate legal basis for algorithmic decision-making have started emerge. How should the principle of the rule of law apply within the area of automated decision-making, how should automated decision-making be regulated so that it satisfies the requirements created by the principle of the rule of law, and how should the principle of the rule of law be made concrete in decision-making that is based on algorithms? The proposal for an AI Act launched by the European Commission in April 2021, including an identification of high-risk uses of algorithmic techniques, raises further questions concerning practices and interpretations related to automated decision-making. The state based on the rule of law proceeds from the maxim that public powers are exercised within a legal frame that makes the exercise of public powers foreseeable in light of legal norms. Also, a state based on the rule of law requires that the contents of the exercise of public powers is regulated by legal norms, which means that the citizens must be able to know everything that is relevant about how the powers will be exercised, not only who it is that will exercise the powers. Because of rules and principles of this kind, including non-discrimination and proportionality, the exercise of powers will not become arbitrary.