Keyword: Kluwer Information Law Series

Protecting Individuals Against the Negative Impact of Big Data: Potential and Limitations of the Privacy and Data Protection Law Approach external link

Oostveen, M.
Kluwer Law International, 2018, Series: Information Law Series, ISBN: 9789403501314

Abstract

Protecting Individuals Against the Negative Impact of Big Data aims to provide a thorough analysis of big data and the possible negative impact it may have on individual rights and freedoms, how and to what extent EU privacy and data protection law may mitigate this negative impact, and which alternative legal solutions should be considered to provide an adequate level of protection of individual rights and freedoms in the context of big data. In the contemporary information society, organisations increasingly rely on the collection and analysis of large-scale data (popularly called ‘big data’) to make decisions. These processes, which take place largely beyond the individual’s knowledge, produce a cascade of effects that go beyond privacy and data protection. This work acknowledges the importance of the rights to privacy and data protection. By conceptualising big data as a process that consists of the acquisition and analysis of (personal) data and the application of the outcomes thereof, it finds that the potential consequences may also be particularly severe for personal autonomy, freedom of expression and non-discrimination.

Big data, Kluwer Information Law Series, Privacy

Bibtex

Book{ILS42, title = {Protecting Individuals Against the Negative Impact of Big Data: Potential and Limitations of the Privacy and Data Protection Law Approach}, author = {Oostveen, M.}, url = {https://pure.uva.nl/ws/files/21397315/Thesis_complete_.pdf}, year = {2018}, date = {2018-01-01}, abstract = {Protecting Individuals Against the Negative Impact of Big Data aims to provide a thorough analysis of big data and the possible negative impact it may have on individual rights and freedoms, how and to what extent EU privacy and data protection law may mitigate this negative impact, and which alternative legal solutions should be considered to provide an adequate level of protection of individual rights and freedoms in the context of big data. In the contemporary information society, organisations increasingly rely on the collection and analysis of large-scale data (popularly called ‘big data’) to make decisions. These processes, which take place largely beyond the individual’s knowledge, produce a cascade of effects that go beyond privacy and data protection. This work acknowledges the importance of the rights to privacy and data protection. By conceptualising big data as a process that consists of the acquisition and analysis of (personal) data and the application of the outcomes thereof, it finds that the potential consequences may also be particularly severe for personal autonomy, freedom of expression and non-discrimination.}, keywords = {Big data, Kluwer Information Law Series, Privacy}, }

The Inventiveness Requirement in Patent Law: An Exploration of Its Foundations and Functioning external link

Pessers, L.
Kluwer Law International, 2016, Series: Information Law Series, ISBN: 9789041167316

Abstract

The Inventiveness Requirement in Patent Law provides a broad and historical perspective on the inventiveness concept in patent law. This groundbreaking work lays a very thorough conceptual basis for further and more in-depth discussions on current standards of inventiveness. Although the pivotal role of the inventiveness requirement in patent law is broadly accepted, it has long remained an ill-defined concept. The question that is often raised in current debates is whether the requirement is capable of functioning as an adequate ‘gate-keeper’. Using a methodology guided by geography and chronology, the author weaves together developments in numerous countries – focusing primarily on the United States, the United Kingdom, Germany, and the Netherlands – into a full-scale analysis of the inventiveness concept.

Kluwer Information Law Series, Octrooirecht

Bibtex

Book{ILS36, title = {The Inventiveness Requirement in Patent Law: An Exploration of Its Foundations and Functioning}, author = {Pessers, L.}, year = {2016}, date = {2016-01-01}, abstract = {The Inventiveness Requirement in Patent Law provides a broad and historical perspective on the inventiveness concept in patent law. This groundbreaking work lays a very thorough conceptual basis for further and more in-depth discussions on current standards of inventiveness. Although the pivotal role of the inventiveness requirement in patent law is broadly accepted, it has long remained an ill-defined concept. The question that is often raised in current debates is whether the requirement is capable of functioning as an adequate ‘gate-keeper’. Using a methodology guided by geography and chronology, the author weaves together developments in numerous countries – focusing primarily on the United States, the United Kingdom, Germany, and the Netherlands – into a full-scale analysis of the inventiveness concept.}, keywords = {Kluwer Information Law Series, Octrooirecht}, }

Trademark Protection and Freedom of Expression: An Inquiry into the Conflict between Trademark Rights and Freedom of Expression under European Law external link

Sakulin, W.
2011, Series: Information Law Series, ISBN: 9789041134158

Abstract

Trademark law grants right holders an exclusive right to prevent third parties from using a sign. This can readily be seen as the antithesis of freedom of expression, which arguably includes a right of third parties to non-exclusive use of a sign for a variety of purposes, ranging from informing consumers, to voicing criticism or to artistic expression. Drawing on cultural theory – which has shown that society is involved in a constant struggle about shaping the meaning of signs (including trademarks) – this highly original and provocative book contends that trademark law fails to sufficiently differentiate between commercial purpose and the social, political, or cultural meanings carried by one and the same sign. The author shows that the ‘functional approach’ to justifying trademark rights taken in current jurisprudence and doctrine is deficient, in that it does not take sufficient account of the fact that trademark rights can restrict the freedom of expression of third parties. Specifically, the exercise of rights granted under the European Trademark Regulation and the national trademark rights harmonized by the European Trademark Directive can cause a disproportionate impairment of the freedom of commercial and non-commercial expression of third parties as protected by Article 10 of the European Convention on Human Rights (ECHR).

Kluwer Information Law Series, Merkenrecht, Vrijheid van meningsuiting

Bibtex

Book{ILS22, title = {Trademark Protection and Freedom of Expression: An Inquiry into the Conflict between Trademark Rights and Freedom of Expression under European Law}, author = {Sakulin, W.}, url = {https://pure.uva.nl/ws/files/1515239/75293_thesis.pdf}, year = {2011}, date = {2011-01-01}, abstract = {Trademark law grants right holders an exclusive right to prevent third parties from using a sign. This can readily be seen as the antithesis of freedom of expression, which arguably includes a right of third parties to non-exclusive use of a sign for a variety of purposes, ranging from informing consumers, to voicing criticism or to artistic expression. Drawing on cultural theory – which has shown that society is involved in a constant struggle about shaping the meaning of signs (including trademarks) – this highly original and provocative book contends that trademark law fails to sufficiently differentiate between commercial purpose and the social, political, or cultural meanings carried by one and the same sign. The author shows that the ‘functional approach’ to justifying trademark rights taken in current jurisprudence and doctrine is deficient, in that it does not take sufficient account of the fact that trademark rights can restrict the freedom of expression of third parties. Specifically, the exercise of rights granted under the European Trademark Regulation and the national trademark rights harmonized by the European Trademark Directive can cause a disproportionate impairment of the freedom of commercial and non-commercial expression of third parties as protected by Article 10 of the European Convention on Human Rights (ECHR).}, keywords = {Kluwer Information Law Series, Merkenrecht, Vrijheid van meningsuiting}, }

The Software Interface between Copyright and Competition Law: A Legal Analysis of Interoperability in Computer Programs external link

Rooijen, A. van
2010, Series: Information Law Series, ISBN: 9789041131935

Abstract

The success of computer programs often depends on their ability to interoperate – or communicate – with other systems. In proprietary software development, however, the need to protect access to source code, including the interface information necessary for interoperability, is of vital importance. This apparent conflict gives rise to a complex interaction between copyright law and competition law, as the strong need for interoperability in computer programs affects both innovation and competition. This important book offers the first in-depth analysis of the current respective copyright and competition law approaches to interoperability. With respect to copyright law, the book offers an in-depth analysis of how copyright law has been applied to computer programs, how this form of protection affects interoperability, and how the European Software Directive – including its interpretation by courts in Member States – aims to facilitate interoperability. With respect to competition law, the author critically analyzes the application of Article 102 of the TFEU to refusals to supply interface information, including a discussion on the tension between copyright and competition law. The author also examines the substantial body of U.S. case law and accompanying literature on the interplay between copyright law, software and interoperability. Based further on a comparison with relevant ex-ante interconnection rules in European design protection law and telecommunications law, the author advances several recommendations aimed at facilitating interoperability in software copyright law. Three interrelated approaches combine to convey an integrated and immediately accessible understanding of the subject: • how interoperability affects the balance between innovation and free competition in software ; • which of two regimes – copyright law or competition law – should primarily be concerned with striking this balance as affected by interoperability; and • which particular instruments are suitable to approach this problem within these respective regimes. Because of the in-depth analysis of the software interoperability problem with related legal disciplines in both Europe and the United States, and due to the clarity of the presentation, this will be welcomed as a valuable resource by practitioners, jurists, and academics concerned with copyright protection of computer software, interoperability and the interaction between copyright and competition law.

Auteursrecht, Kluwer Information Law Series, Software

Bibtex

Book{ILS20, title = {The Software Interface between Copyright and Competition Law: A Legal Analysis of Interoperability in Computer Programs}, author = {Rooijen, A. van}, year = {2010}, date = {2010-01-01}, abstract = {The success of computer programs often depends on their ability to interoperate – or communicate – with other systems. In proprietary software development, however, the need to protect access to source code, including the interface information necessary for interoperability, is of vital importance. This apparent conflict gives rise to a complex interaction between copyright law and competition law, as the strong need for interoperability in computer programs affects both innovation and competition. This important book offers the first in-depth analysis of the current respective copyright and competition law approaches to interoperability. With respect to copyright law, the book offers an in-depth analysis of how copyright law has been applied to computer programs, how this form of protection affects interoperability, and how the European Software Directive – including its interpretation by courts in Member States – aims to facilitate interoperability. With respect to competition law, the author critically analyzes the application of Article 102 of the TFEU to refusals to supply interface information, including a discussion on the tension between copyright and competition law. The author also examines the substantial body of U.S. case law and accompanying literature on the interplay between copyright law, software and interoperability. Based further on a comparison with relevant ex-ante interconnection rules in European design protection law and telecommunications law, the author advances several recommendations aimed at facilitating interoperability in software copyright law. Three interrelated approaches combine to convey an integrated and immediately accessible understanding of the subject: • how interoperability affects the balance between innovation and free competition in software ; • which of two regimes – copyright law or competition law – should primarily be concerned with striking this balance as affected by interoperability; and • which particular instruments are suitable to approach this problem within these respective regimes. Because of the in-depth analysis of the software interoperability problem with related legal disciplines in both Europe and the United States, and due to the clarity of the presentation, this will be welcomed as a valuable resource by practitioners, jurists, and academics concerned with copyright protection of computer software, interoperability and the interaction between copyright and competition law.}, keywords = {Auteursrecht, Kluwer Information Law Series, Software}, }

Copyright and Electronic Commerce: Legal Aspects of Electronic Copyright Management external link

Hugenholtz, P.
Wolters Kluwer, 2000, Series: Information Law Series, ISBN: 9041197850

Abstract

The spectacular success of electronic commerce in recent years has seen an explosion in the availability of information and entertainment products on the Internet. This distribution of `content' is expected to continue as one of the major sources of growth on the Internet in the years ahead, raising concerns over the protection of content owners' rights. Concerns over the effectiveness of the copyright system in a digital environment have inspired content providers to look for alternative protection regimes or strategies. These alternatives, such as the protection afforded by contract law and information technology, comprise important elements of the Electronic Copyright Management System (ECMS), a fully automated system of secure distribution, rights management, monitoring and payment of copyright-protected content currently being developed. Perhaps the largest multidisciplinary study conducted on ECMS to date is the IMPRIMATUR project, which was subsidised by the European Commission's Esprit Programme, and for which the Institute for Information Law of the University of Amsterdam (IViR) produced a series of legal studies. This volume collects six fully revised and updated studies relating to copyright and electronic commerce which have resulted from the IViR's research. As well as examining the legal issues crucial to the development of electronic copyright management systems, the contributions address issues with wider implications for the law of copyright in general. Other aspects of information law are also considered, such as defamation, data protection, privacy and freedom of expression and information, as are general questions of contract and tort law.

Auteursrecht, Electronic commerce, Kluwer Information Law Series

Bibtex

Book{ILS8, title = {Copyright and Electronic Commerce: Legal Aspects of Electronic Copyright Management}, author = {Hugenholtz, P.}, url = {https://www.ivir.nl/publicaties/download/8_9789041176813.pdf}, year = {2000}, date = {2000-01-01}, abstract = {The spectacular success of electronic commerce in recent years has seen an explosion in the availability of information and entertainment products on the Internet. This distribution of `content\' is expected to continue as one of the major sources of growth on the Internet in the years ahead, raising concerns over the protection of content owners\' rights. Concerns over the effectiveness of the copyright system in a digital environment have inspired content providers to look for alternative protection regimes or strategies. These alternatives, such as the protection afforded by contract law and information technology, comprise important elements of the Electronic Copyright Management System (ECMS), a fully automated system of secure distribution, rights management, monitoring and payment of copyright-protected content currently being developed. Perhaps the largest multidisciplinary study conducted on ECMS to date is the IMPRIMATUR project, which was subsidised by the European Commission\'s Esprit Programme, and for which the Institute for Information Law of the University of Amsterdam (IViR) produced a series of legal studies. This volume collects six fully revised and updated studies relating to copyright and electronic commerce which have resulted from the IViR\'s research. As well as examining the legal issues crucial to the development of electronic copyright management systems, the contributions address issues with wider implications for the law of copyright in general. Other aspects of information law are also considered, such as defamation, data protection, privacy and freedom of expression and information, as are general questions of contract and tort law.}, keywords = {Auteursrecht, Electronic commerce, Kluwer Information Law Series}, }

Intellectual Property and Information Law: Essays in Honour of Herman Cohen Jehoram external link

Kabel, J. & Mom, G.J.H.M.
1998, Series: Information Law Series, ISBN: 9789041197023

Abstract

This significant new work honours the tremendous achievements of Professor Herman Cohen Jehoram in the field of intellectual property law. Herman Cohen Jehoram put the Netherlands on the intellectual property law map through his organizational and academic work for the World Intellectual Property Organization (WIPO), the Association Littéraire et Artistique Internationale (ALAI), and the European Commission. He has also served as the voice of Dutch copyright law abroad and has been described as the founding father of the University of Amsterdam's Institute for Information Law. This collection of essays is worthy of the person. International in scope, the contributions from prominent experts cover a broad range of topics in intellectual property law reflecting the broad academic and historical interests of Professor Cohen Jehoram. Intellectual Property and Information Law not only represents a lasting monument to a major force in the field, but also offers a range of valuable insights into specific issues in contemporary intellectual property, media, and information law.

Informatierecht, Intellectuele eigendom, Kluwer Information Law Series

Bibtex

Book{ILS6, title = {Intellectual Property and Information Law: Essays in Honour of Herman Cohen Jehoram}, author = {Kabel, J. and Mom, G.J.H.M.}, url = {https://www.ivir.nl/publicaties/download/6_9789041197023.pdf}, year = {1998}, date = {1998-01-01}, abstract = {This significant new work honours the tremendous achievements of Professor Herman Cohen Jehoram in the field of intellectual property law. Herman Cohen Jehoram put the Netherlands on the intellectual property law map through his organizational and academic work for the World Intellectual Property Organization (WIPO), the Association Littéraire et Artistique Internationale (ALAI), and the European Commission. He has also served as the voice of Dutch copyright law abroad and has been described as the founding father of the University of Amsterdam\'s Institute for Information Law. This collection of essays is worthy of the person. International in scope, the contributions from prominent experts cover a broad range of topics in intellectual property law reflecting the broad academic and historical interests of Professor Cohen Jehoram. Intellectual Property and Information Law not only represents a lasting monument to a major force in the field, but also offers a range of valuable insights into specific issues in contemporary intellectual property, media, and information law.}, keywords = {Informatierecht, Intellectuele eigendom, Kluwer Information Law Series}, }

The Future of Copyright in a Digital Environment, Proceedings of the Royal Academy Colloquium external link

Hugenholtz, P.
1996, Series: Information Law Series, ISBN: 9789041102676

Abstract

This book contains a unique collection of papers, written by the world's foremost copyright scholars and practitioners, presented at the colloquium on The Future of Copyright in a Digital Environment in Amsterdam on July, 1995. This colloquium was organized by the Royal Netherlands Academy of Sciences (KNAW) and the Institute for Information Law at the University of Amsterdam. This collection of papers is the first to cover the complete range of problems involved, including the scope of protected rights on the information superhighway, the application of exemptions and limitations, the collective administration of rights, resolving conflicts of law in an environment where territoriality is obsolete, alternatives to copyright protection and designing copyright for the future. This book will prove a useful source of information for all those investigating the profound impact of the emerging digital environment on copyright law.

Auteursrecht, Kluwer Information Law Series

Bibtex

Book{ILS4, title = {The Future of Copyright in a Digital Environment, Proceedings of the Royal Academy Colloquium}, author = {Hugenholtz, P.}, url = {https://www.ivir.nl/publicaties/download/4_9789041176479.pdf}, year = {1996}, date = {1996-01-01}, volume = {4}, pages = {}, abstract = {This book contains a unique collection of papers, written by the world\'s foremost copyright scholars and practitioners, presented at the colloquium on The Future of Copyright in a Digital Environment in Amsterdam on July, 1995. This colloquium was organized by the Royal Netherlands Academy of Sciences (KNAW) and the Institute for Information Law at the University of Amsterdam. This collection of papers is the first to cover the complete range of problems involved, including the scope of protected rights on the information superhighway, the application of exemptions and limitations, the collective administration of rights, resolving conflicts of law in an environment where territoriality is obsolete, alternatives to copyright protection and designing copyright for the future. This book will prove a useful source of information for all those investigating the profound impact of the emerging digital environment on copyright law.}, keywords = {Auteursrecht, Kluwer Information Law Series}, }

Information Law Towards the 21st Century external link

Korthals Altes, W., Dommering, E., Hugenholtz, P. & Kabel, J.
1992, Series: Information Law Series, ISBN: 9789065446275

Abstract

This book is a general introduction to information law and gives a clear picture of the various topics involved, such as: telecommunications and broadcasting, advertising and product placement, privacy, rights to government controlled information, exclusive rights in information and information technology, etc. The contents of this publication is based on papers delivered at a conference held in Amsterdam, June 1991 by the Institute for Information Law of the Amsterdam University.

Informatierecht, Kluwer Information Law Series

Bibtex

Book{ILS2, title = {Information Law Towards the 21st Century}, author = {Korthals Altes, W. and Dommering, E. and Hugenholtz, P. and Kabel, J.}, url = {https://www.ivir.nl/publicaties/download/2_9789041176936.pdf}, year = {1992}, date = {1992-01-01}, abstract = {This book is a general introduction to information law and gives a clear picture of the various topics involved, such as: telecommunications and broadcasting, advertising and product placement, privacy, rights to government controlled information, exclusive rights in information and information technology, etc. The contents of this publication is based on papers delivered at a conference held in Amsterdam, June 1991 by the Institute for Information Law of the Amsterdam University.}, keywords = {Informatierecht, Kluwer Information Law Series}, }

Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz

Senftleben, M., Poort, J., van Eechoud, M., van Gompel, S. & Helberger, N.
Kluwer Law International, 2021, Series: Information Law Series, ISBN: 9789403537337

Abstract

Intellectual Property and Sports celebrates the enormous achievements of Professor Bernt Hugenholtz in the field of intellectual property and information law. Renowned intellectual property law expert Bernt Hugenholtz once warned, chiding the voracity of copyright, that reducing the subject matter test to mere originality and personal stamp might lead to ‘infinite expansion of the concept of the work of authorship. Anything touched by human hand, including for instance sports performances, would be deemed a work’. Focus on sports-related intellectual property issues offers an ideal starting point for exploring core questions on information law. Legal rules in sports and intellectual property evolve in a climate pervaded by powerful lobby pressures with new technologies that have a profound impact on developments in the sports arena. Indeed, the applicability of copyright law on sports events and players’ moves is one of the many topics discussed in this volume, which spans issues from those related to players and their performances and achievements, via those relevant to sports event organisers and clubs, to questions concerning event reporting and data and the growing role of AI technologies in sports.

frontpage, Intellectuele eigendom, Kluwer Information Law Series, sports

Bibtex

Book{ils2021, title = {Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz}, author = {Senftleben, M. and Poort, J. and van Eechoud, M. and van Gompel, S. and Helberger, N.}, year = {2021}, date = {2021-09-09}, volume = {46}, pages = {}, abstract = {Intellectual Property and Sports celebrates the enormous achievements of Professor Bernt Hugenholtz in the field of intellectual property and information law. Renowned intellectual property law expert Bernt Hugenholtz once warned, chiding the voracity of copyright, that reducing the subject matter test to mere originality and personal stamp might lead to ‘infinite expansion of the concept of the work of authorship. Anything touched by human hand, including for instance sports performances, would be deemed a work’. Focus on sports-related intellectual property issues offers an ideal starting point for exploring core questions on information law. Legal rules in sports and intellectual property evolve in a climate pervaded by powerful lobby pressures with new technologies that have a profound impact on developments in the sports arena. Indeed, the applicability of copyright law on sports events and players’ moves is one of the many topics discussed in this volume, which spans issues from those related to players and their performances and achievements, via those relevant to sports event organisers and clubs, to questions concerning event reporting and data and the growing role of AI technologies in sports.}, keywords = {frontpage, Intellectuele eigendom, Kluwer Information Law Series, sports}, }

The Copyright/Trademark Interface: How the Expansion of Trademark Protection Is Stifling Cultural Creativity

Senftleben, M.
Kluwer Law International, 2020, Series: Information Law Series, ISBN: 9789403523705

Abstract

The Copyright/Trademark Interface is an exceptional analysis of the clash between culture and commerce, and the imbalances caused by protection overlaps arising from cumulative copyright and trademark protection. This book highlights the corrosive effect of indefinitely renewable trademark rights. It underscores the necessity to safeguard central preconditions for the proper functioning of the copyright system in society at large: the freedom to use pre-existing works as reference points for the artistic discourse and building blocks for new creations need to ensure the constant enrichment of the public domain. The registration of cultural icons as trademarks has become a standard protection strategy in contemporary cultural productions. It plays an augmented role in the area of cultural heritage. Attempts to register and ‘evergreen’ the protection of cultural signs, ranging from ‘Mickey Mouse’ to the ‘Mona Lisa’, are no longer unusual. This phenomenon, which is characterized by the EFTA Court as trademark registrations and is triggered by ‘commercial greed’, has become typical of an era where trademark law is employed strategically to restrain or eliminate cultural symbols from the public domain.

Auteursrecht, Kluwer Information Law Series, Merkenrecht

Bibtex

Book{nokey, title = {The Copyright/Trademark Interface: How the Expansion of Trademark Protection Is Stifling Cultural Creativity}, author = {Senftleben, M.}, year = {2020}, date = {2020-11-12}, number = {44}, abstract = {The Copyright/Trademark Interface is an exceptional analysis of the clash between culture and commerce, and the imbalances caused by protection overlaps arising from cumulative copyright and trademark protection. This book highlights the corrosive effect of indefinitely renewable trademark rights. It underscores the necessity to safeguard central preconditions for the proper functioning of the copyright system in society at large: the freedom to use pre-existing works as reference points for the artistic discourse and building blocks for new creations need to ensure the constant enrichment of the public domain. The registration of cultural icons as trademarks has become a standard protection strategy in contemporary cultural productions. It plays an augmented role in the area of cultural heritage. Attempts to register and ‘evergreen’ the protection of cultural signs, ranging from ‘Mickey Mouse’ to the ‘Mona Lisa’, are no longer unusual. This phenomenon, which is characterized by the EFTA Court as trademark registrations and is triggered by ‘commercial greed’, has become typical of an era where trademark law is employed strategically to restrain or eliminate cultural symbols from the public domain.}, keywords = {Auteursrecht, Kluwer Information Law Series, Merkenrecht}, }