Keyword: intellectual property law

Against ‘Data Property’ external link

Hugenholtz, P.
0904

Abstract

This chapter argues against the idea of a ‘data producer’s right’. Introducing a property right in machine-generated data would seriously compromise the system of intellectual property law that currently exists in Europe. It would also contravene fundamental freedoms enshrined in the European Convention on Human Rights and the EU Charter, distort freedom of competition and freedom of services in the EU, restrict scientific freedoms and generally undercut the promise of big data for European economy and society.

data, intellectual property law

Bibtex

Chapter{Hugenholtz2017, title = {Against ‘Data Property’}, author = {Hugenholtz, P.}, url = {https://www.ivir.nl/publicaties/download/Against_Data_Property_Kritika_chapter.pdf}, year = {0904}, date = {2018-09-04}, abstract = {This chapter argues against the idea of a ‘data producer’s right’. Introducing a property right in machine-generated data would seriously compromise the system of intellectual property law that currently exists in Europe. It would also contravene fundamental freedoms enshrined in the European Convention on Human Rights and the EU Charter, distort freedom of competition and freedom of services in the EU, restrict scientific freedoms and generally undercut the promise of big data for European economy and society.}, keywords = {data, intellectual property law}, }

Bridging the gap: Private international law principles for intellectual property law external link

van Eechoud, M.
Nederlands Internationaal Privaatrecht (NIPR), num: 4, pp: 716-723, 2017

Abstract

This past decade has seen a veritable surge of development of ‘soft law’ private international instruments for intellectual property. A global network has been formed made up of academics and practitioners who work on the intersection of these domains. This article examines the synthesizing work of the International Law Association’s Committee on intellectual property and private international law. Now that its draft Guidelines on jurisdiction, applicable law and enforcement are at an advanced stage, what can be said about consensus and controversy about dealing with transborder intellectual property disputes in the information age? What role can principles play in a world where multilateral rulemaking on intellectual property becomes ever deeply politicized and framed as an issue of trade? Arguably, private international law retains it facilitating role and will continue to attract the attention of intellectual property law specialists as a necessary integral part of regulating transborder information flows.

frontpage, intellectual property law, Intellectuele eigendom, private international law

Bibtex

Article{vanEechoud2017b, title = {Bridging the gap: Private international law principles for intellectual property law}, author = {van Eechoud, M.}, url = {https://www.ivir.nl/publicaties/download/NIPR_2016_4.pdf}, year = {0124}, date = {2017-01-24}, journal = {Nederlands Internationaal Privaatrecht (NIPR)}, number = {4}, abstract = {This past decade has seen a veritable surge of development of ‘soft law’ private international instruments for intellectual property. A global network has been formed made up of academics and practitioners who work on the intersection of these domains. This article examines the synthesizing work of the International Law Association’s Committee on intellectual property and private international law. Now that its draft Guidelines on jurisdiction, applicable law and enforcement are at an advanced stage, what can be said about consensus and controversy about dealing with transborder intellectual property disputes in the information age? What role can principles play in a world where multilateral rulemaking on intellectual property becomes ever deeply politicized and framed as an issue of trade? Arguably, private international law retains it facilitating role and will continue to attract the attention of intellectual property law specialists as a necessary integral part of regulating transborder information flows.}, keywords = {frontpage, intellectual property law, Intellectuele eigendom, private international law}, }