Beyond the Code

2017 ◽  
Author(s):  
Noam Shemtov
Keyword(s):  
User Interfaces ◽  
Legal Protection ◽  
Holistic Approach ◽  
The United States ◽  
Trade Mark ◽  
The European Union ◽  
Functional Elements ◽  
Software Products ◽  
Functional Product ◽  
Trade Dress

Although the law of infringement is relatively straightforward on the copying of literal and textual elements of software, the copying of non-literal and functional elements poses complex and topical questions in the context of intellectual property protection. In most cases, such elements contain the real value of a software product. This book examines the copying of non-literal and functional elements of software in both the United States and the European Union, using a holistic approach to address the most topical questions facing experts concerned with legal protection of software products across a range of technological platforms. The book focuses on five distinct but interrelated areas: contract, copyright, patent, trade-mark and trade-dress laws, and trade secrets. It also considers the protection of designs, in the context of graphical user interfaces. The book looks at software as a multilayered functional product, setting the scene for other legal discussions by highlighting software’s unique characteristics. It analyses models for the provision of software, addressing licensing patterns and overall enforceability, as well as the statutory and judicial tools for regulating the use of such licences. Further, it explores the protection of non-literal and functional software elements under EU and US copyright law, with emphasis on internal architecture and behavioural elements. Finally, it describes the application of trade-dress protection to software’s ‘look and feel’, particularly relevant to the provision of software in the cloud environment.

Lessons Learned from the Canada–China FIPA for the US–China BIT and beyond

2019 ◽  
pp. 116-141 ◽  
Author(s):  
Kyle Dylan Dickson-Smith
Keyword(s):  
United States ◽  
Legal Protection ◽  
The United States ◽  
International Investment ◽  
Economic Benefits ◽  
Lessons Learned ◽  
The European Union ◽  
Investment Protection ◽  
The Us ◽  
Investment Agreements

Key lessons can be made from analysing a unique and recent BIT, the Canada–China Foreign Investment Protection Agreement (FIPA), in order better to predict and identify the opportunities and challenges for potential BIT counterparties of China (such as the United States, the European Union (EU), India, the Gulf Cooperation Council, and Columbia). The Canada–China FIPA and the anticipated US–China BIT (and EU–China BIT) collectively fall into a unique class of investment agreements, in that they represent a convergence of diverse ideologies of international investment norms/protections with two distinct (East/West) underlying domestic legal and economic systems. The purpose of this chapter is to appreciate and utilize the legal content of the Canada–China FIPA in order to isolate the opportunities and challenges for investment agreements currently under negotiation (focusing on the US–China BIT). This analysis is conducted from the perspective of China’s traditional BIT practice and political–economic goals, relative to that of its counterparty. This chapter briefly addresses the economic and broader diplomatic relationship between China and Canada, comparing that with the United States. It then analyses a broad selection of key substantive and procedural obligations of the Canada–China FIPA, addressing their impact, individually and cumulatively, to extract what lessons can be learned for the United States (US) and other negotiating parties. This analysis identifies the degree of investment liberalization and legal protection that Canada and China have achieved, and whether these standards are reciprocally applied. The analysis is not divorced from the relevant political economy and negotiating position between China and the counterparty and the perceived economic benefits of each party, as well as any diplomatic sensitive obstacles between the parties. While this chapter does not exhaustively analyse each substantive and procedural right, it provides enough of a comprehensive basis to reveal those challenges that remain for future bilateral negotiations with China.

Adversarial Legalism and Biodiversity Protection in the United States and the European Union

2018 ◽  
Vol 7 (3) ◽  
pp. 491-513 ◽  
Author(s):  
Yaffa Epstein
Keyword(s):  
United States ◽  
European Union ◽  
Case Studies ◽  
Legal Protection ◽  
The United States ◽  
The European Union ◽  
Species Protection ◽  
American Experience ◽  
European Counterpart ◽  
The Eu

AbstractThis article compares the use of litigation to enforce species protection law in the European Union (EU) with that of the United States (US). Recent legal disputes over wolf hunting on both continents offer useful case studies. Focusing on three aspects of litigation – namely, (i) against whom claims are brought, (ii) who can bring claims, and (iii) the types of claim that can be brought – the analysis contrasts US-style adversarial legalism with its European counterpart, or ‘Eurolegalism’, and assesses what each approach is able to deliver in terms of the legal protection of wolves. It is argued that Eurolegalism helps to explain the development of species protection law in the EU and its similarities to and differences from the American experience.

Design Protection

2017 ◽  
Author(s):  
Barton Beebe
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
The United States ◽  
Patent Law ◽  
The European Union ◽  
Design Law ◽  
Definition Of ◽  
International Instruments ◽  
Design Protection ◽  
Ip Law

This chapter surveys the legal protection of industrial designs, understood as the protection of the appearance of articles of manufacture. It discusses the definition of “design” according to both the European Union (EU) and the United States (US). It examines the international instruments that form the foundation of industrial design law, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Paris Convention, and the Berne Convention, among others. It then focuses on the various areas of intellectual property (IP) law that make up design law, including sui generis design protection law, patent law, copyright law, and trademark law among others, with particular attention on these aspects of design law as they feature in the US and the EU.

scholarly journals THE ALGORITHM FOR EVALUATING GRAPHICAL USER INTERFACES BASED ON THE SEARCH TIME OF INFORMATION AND FUNCTIONAL OBJECTS

2021 ◽  
Vol 3 (65) ◽  
pp. 77-83
Author(s):  
Aleksey V. Vostrykh ◽  
◽  
Tatyana I. Davydova ◽  
Yuriy I. Sineshchuk ◽  
Sergey N. Teryokhin ◽  
...  
Keyword(s):  
Comparative Analysis ◽  
User Interfaces ◽  
Information Search ◽  
Search Time ◽  
Graphical User Interfaces ◽  
Functional Elements ◽  
Software Products

The article deals with the problem of the quality of graphical user interfaces used for various software products. The indicators for evaluating the quality of interfaces are analyzed. A formalized approach to evaluating the speed of information search and functional objects is formulated. An algorithm for evaluating the speed of information search and functional elements is proposed, which allows automating the process of evaluating and comparative analysis of interfaces of various programs.

Selected aspects of legal protection of graphical user interfaces (GUIs) in the European Union – between works and designs

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Krzysztof Czub
Keyword(s):  
Computer Program ◽  
User Interfaces ◽  
Legal Protection ◽  
Graphical User Interfaces ◽  
Mobile Technologies ◽  
The European Union ◽  
Important Means ◽  
And Performance ◽  
The Look ◽  
Technical Solutions

The graphical user interfaces have become one of the most important means in software marketing over the last decades. This phenomenon occurs with particular intensity in relation to simple, non-specialized software. The users of such programs and devices with installed software of that kind are guided in choosing the product by its “look & feel” impression rather than by considering its, usually deeply hidden, technical solutions (the “engine”). This is understandable especially in the context of the development of mobile technologies, which are present in an increasing number of devices for everyday use. The “look” of a computer program is the display generated when a computer runs that program. The “feel” of a computer program is its function, overall purpose and performance (the easiness of use, promptness of operation) which is partly determined by the structure of the program and the sequence of commands it contains . Thus, the look and feel incorporate two aspects of a program for the user: visual and operational.

scholarly journals RIGHT OF ONLINE INFORMATIONAL PRIVACY OF CHILDREN IN MALAYSIA: A STATUTORY PERSPECTIVE

2020 ◽  
Author(s):  
Zainal Amin Ayub ◽  
Zuryati Mohamed Yusoff
Keyword(s):  
Legal Protection ◽  
The United States ◽  
Online Privacy ◽  
The Internet ◽  
Research Approach ◽  
The European Union ◽  
Informational Privacy ◽  
Sexual Offences ◽  
Rights Of The Child ◽  
The Government

The advantage of digital era with unlimited access to the Internet is enjoyed by most people globally including the young and children. However, policy-makers concern with the advancement of Internet and propagate the idea of shielding and segregating the children from the harm that may cause from access to the Internet, including breach of online privacy of the children. Children are not sensitive with their online privacy or do not know how to protect their online privacy. Hence, some countries have enacted specific legislation to protect the privacy of the children such as the Children’s Online Privacy Protection Act (COPPA) in the United States of America or introduced self-regulatory initiatives on online child privacy like in the European Union. At the international level, the Convention on the Rights of the Child was introduced in 1989 by the United Nation to protect the children. In Malaysia, the government introduces the Child Act 2001 and the Sexual Offences against Children Act 2017 to protect the children. However, how far these two Acts protect the online privacy of the children in Malaysia? Thus, the article seeks to examine the legal protection of children online informational privacy in Malaysia. The article adopts doctrinal research methodology which is mainly library research approach. The article finds that the current regimes of laws do not adequately protect the online privacy of the children in Malaysia. It is suggested that amendment or enactment of the laws to that effect be made.

scholarly journals Legal Aspects of Artificial Intelligence on Automated Decision-Making in Indonesia

Lentera Hukum ◽  
2020 ◽  
Vol 7 (3) ◽  
pp. 301
Author(s):  
Denindah Olivia
Keyword(s):  
Artificial Intelligence ◽  
United States ◽  
Decision Making ◽  
Data Protection ◽  
Personal Data ◽  
Legal Protection ◽  
The United States ◽  
The European Union ◽  
Personal Data Protection ◽  
Automated Decision Making

This paper analyzes the importance of Indonesia's comprehensive legal framework on automated decision-making empowered by Artificial Intelligence, comparing it to the European Union, the United States, and China. Specifically, this paper inquires about the status quo of the legal protection of automated decision-making In Indonesia. The analysis highlights profiling in an automated decision-making system with the following discussion about personal data protection. In this context, the European Union's member states set out the General Data Protection Regulation (GDPR) that prohibits automated decision-making to a certain extent. In the United States, the practice of automated decision-making is rather usual. Simultaneously, China takes an exceptional measure instead and develops this automation through a social credit system. The analysis concludes that Indonesia has weak legal protection towards personal data and profiling, which later becomes the basis in facilitating automated decision-making. The provision of automated decision-making and profiling is the absolute bare minimum to Indonesia's Personal Data Protection Bill due to insufficient legal certainty. In the end, it is paramount for lawmakers to consider a comprehensive regulation on automated decision-making by adopting the European Union's GDPR framework. KEYWORDS: Artificial Intelligence, Automated Decision-Making, Personal Data Protection.

Trade Secrets and the Software Industry

2017 ◽  
Author(s):  
Noam Shemtov
Keyword(s):  
Software Industry ◽  
Patent Application ◽  
The United States ◽  
Intellectual Property Right ◽  
The European Union ◽  
Trade Secrets ◽  
Software Products ◽  
The Us ◽  
Legal Frameworks ◽  
The Eu

This chapter examines the trade secrets regimes in the European Union and the United States, with particular emphasis on how they affect the software industry. Almost every intellectual property right originates in a secret. For example, an inventor keeps his inventive concept secret until he files for a patent. The same may apply to a designer in relation to a new product design until a registered design application or a design patent application is filed. These early stages of conception often require protection against misappropriation. The chapter considers the legal basis for granting trade secrets protection and the relevant conditions for such protection. Next, it discusses the EU and the US legal frameworks governing the misappropriation of trade secrets in relation to software products, with particular emphasis on the treatment of reverse engineering under trade secrets law.

Trade Mark Law in Europe

2016 ◽  
Author(s):  
Alexander Mühlendahl ◽  
Dimitris Botis ◽  
Spyros Maniatis ◽  
Imogen Wiseman
Keyword(s):  
Case Law ◽  
The United States ◽  
Trade Mark ◽  
Critical Discussion ◽  
Comparative Approach ◽  
The European Union ◽  
Trade Marks ◽  
Court Of Justice ◽  
Challenges And Opportunities ◽  
Trade Mark Law

In light of the ever-growing and developing jurisprudence of the Court of Justice and the General Court, and forthcoming substantive and systemic changes to the law, there is a need for a fresh and practical approach to the procedure and case law of trade marks in Europe. Trade Mark Law in Europe is a comprehensive guide to European trade mark law following the jurisprudence of the Court of Justice of the European Union and the case law of the General Court. It provides a wide-ranging overview of the trade mark system, including detailed and critical discussion of forthcoming changes, as well as an in-depth look at the life of a trade mark up to enforcement. It considers the conditions for maintaining a registration, the protection and enforcement of trade marks, and the interface between trade mark law and other areas of practice. Finally, it offers detailed and insightful analysis of current developments, challenges, and opportunities. This is complemented by an international and comparative approach which selectively considers the contemporary jurisprudence of the Supreme Court of the United States and general US practice, as well as national jurisprudence in areas not yet covered by the CJEU. Written by highly-regarded authors with considerable expertise across a range of constituencies, Trade Marks in Europe is a timely and important study of this complex and challenging area of law.

DEVELOPMENT TRENDS AND PROSPECTS OF ECONOMIC AND TRADE COOPERATION BETWEEN CHINA AND UKRAINE

2018 ◽  
Vol 2018 (6) ◽  
pp. 3-12
Author(s):  
Zhang DONGYANG ◽  
Keyword(s):  
Free Trade ◽  
Bilateral Trade ◽  
The United States ◽  
Economic Cooperation ◽  
Free Trade Zone ◽  
Asia Pacific ◽  
Economic Downturn ◽  
The European Union ◽  
Association Agreement ◽  
The Eu

The status and prospects of development of trade and economic relations between Ukraine and China are considered. It is proved that bilateral cooperation in the trade and economic sphere has made significant progress. In 2012–2017, China was the second largest trading partner of Ukraine after Russia. However, the problem of imbalance in imports and exports between Ukraine and China has not yet been resolved. In addition, the scale and number of projects in which Ukraine attracts Chinese investment is much less than investments from European countries and the United States. It is justified that trade and economic cooperation between Ukraine and China is at a new historical stage. On the one hand, Ukraine signed the Association Agreement with the European Union, and on January 1, 2016, the rules of the free trade zone between Ukraine and the EU entered into force. This helps to accelerate the integration of Ukrainian economy into European one. On the other hand, the global economic downturn requires the introduction of innovations in the model of cooperation. The Chinese initiative “One belt is one way” is one of the variants of the innovation model of cooperation. Its significance is to unite the Asia-Pacific region with the EU in order to join the Eurasian Economic Union, create a new space and opportunities for development and achieve prosperity with the Eurasian countries. All this forms unprecedented opportunities for development of bilateral economic and trade relations. It seems that to fully open the potential of Ukrainian economy and expand bilateral trade and economic cooperation, it is necessary to take into account such proposals as the establishment of the Sino-Ukrainian industrial park, the promotion of cooperation in the field of electronic commerce, the formation of the Sino-Ukrainian free trade zone and enhanced interaction within multilateral mechanisms (for example, the Shanghai Cooperation Organization and the interaction of China and the countries of Central and Eastern Europe in the 16 + 1 format).

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