De-Indexing and Freezing Orders

2016 ◽  
Author(s):  
Jaani Riordan
Keyword(s):  
Intellectual Property ◽  
Search Engine ◽  
Service Provider ◽  
Personal Data ◽  
Fundamental Rights ◽  
Injunctive Relief

This chapter considers the availability of two new forms of injunctive relief against internet intermediaries. The first is a mandatory injunction, likely to be directed at a search engine operator or other aggregator of information, to remove a reference to tortious or unlawful material. Similar relief is already available for the purpose of erasing or blocking access to personal data in the circumstances considered in chapter 10. Equivalent relief may also be available to remove links to copyright infringing material in the form of service provider injunctions under section 97A. In addition to these statutory remedies, wider de-indexing orders are theoretically within the courts’ jurisdiction for at least the purposes of giving effect to fundamental rights or preventing infringements of intellectual property.

The Protection of Intellectual Property in International Human Rights Law

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Fundamental Rights ◽  
European Convention ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Cultural Rights ◽  
Core Subject ◽  
Charter Of Fundamental Rights ◽  
The Eu

This chapter examines the human rights system and the way it deals with human creations and innovations that are the traditional core subject matter of intellectual property (IP) rights. It begins by reviewing the scope for protection under Article 27 (2) Universal Declaration of Human Rights (UDHR) and Article 15 (1) (c) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The chapter moves on to the protection of property in human rights law, especially on the regional, European level. It examines how IP can be protected as property under the European Convention of Human Rights (ECHR) and under the EU Charter of Fundamental Rights (EU Charter). Finally, the chapter looks at some of the overlaps with international IP rules and the conflict norms in the human rights system to address such overlaps.

scholarly journals Killing me Softly? Scrutinising the Role of Soft Law in Greece’s Response to COVID-19

2021 ◽  
Vol 12 (1) ◽  
pp. 59-76
Author(s):  
Evangelia (Lilian) TSOURDI ◽  
Niovi VAVOULA
Keyword(s):  
Asylum Seekers ◽  
Personal Data ◽  
Fundamental Rights ◽  
Soft Law ◽  
Freedom Of Movement ◽  
Hard Law ◽  
Primary Basis ◽  
Full Swing ◽  
Second Wave

Greece emerged as the EU’s poster child in the fight against COVID-19 during the first few months of the pandemic. In this contribution, we assess Greece’s use of soft regulation in its regulatory response to COVID-19. Using “acts of legislative content”, which can be broadly conceptualised as softly adopted hard law, the Greek government largely achieved flexibility and simplified adoption procedures without having to resort to soft law per se. The role of soft law was limited - it complemented hard law rather than constituting the primary basis of COVID-19 restrictions - but not completely negligible. Soft law instruments regulated the processing of personal data, and was also pivotal in clarifying the criminal sanctioning of COVID-related rule violations. Greece’s success in handling the first wave of the pandemic, while effective, was arguably unfair to asylum seekers who saw their right to apply for asylum curtailed, and their right to freedom of movement restricted when limitations on the rest of the population were lifted. With a second wave of infections currently in full swing, it is imperative to keep scrutinising regulatory responses to ensure that they place the health and dignity of every individual (whoever they might be) at their core and fully respect their fundamental rights.

scholarly journals Innovation IT-Payment Technologies as a Know-how and an Object of Intellectual Property Rights

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 518-535
Author(s):  
Ernest Gramatskyy ◽  
Inha Kryvosheyina ◽  
Volodymyr Makoda ◽  
Liydmyla Panova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Information Technologies ◽  
Personal Data ◽  
Modern Society ◽  
Research Information ◽  
Know How ◽  
Legal Method ◽  
System Method

The modern society necessitates the introduction of new IT-solutions to meet its needs. With the spread of know-how, the need for its detailed analysis with the further determination of the direction of development. The purpose is to carry out an analysis of the introduction and functioning of know-how, as well as to determine the vectors of its use, taking into account the needs of participants in legal relations arising in this area. The subject of research – information technologies (know-how) as objects of intellectual property rights in their use. The methodological basis consists of the method of analysis, the method of synthesis, the dialectical method, the comparative-legal method, the system method, and the logical-legal method. The result of this work is to identify the importance of the information technologies in everyday life of modern society and the level of popularity of their use, outlining possible vectors of development in the economics in the direction of digitalization and justification of the need to improve the provisions of current legislation within the considered topic, expressing the idea of the direction of innovative information policy in the direction of active use of blockchain and maximum compliance with the protection of personal data of customers.

scholarly journals The protection of personal data in the field of judicial cooperation in criminal matters: special reference to Directive (EU) 2016/680 of the European Parliament and of the Council

2019 ◽  
Vol 5 (2) ◽  
pp. 92-102
Author(s):  
Maria Belén Sánchez Domingo
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Personal Data ◽  
Fundamental Rights ◽  
Public Security ◽  
Judicial Cooperation ◽  
Eu Directive ◽  
The Right ◽  
High Level ◽  
Criminal Matters

The new European framework for the protection of personal data on freedom, security and justice is embodied, among other instruments, in EU Directive 2016/680 on the protection of natural persons with regards to the processing of personal data by competent authorities for criminal law purposes. This Directive protects fundamental rights, such as the right to the protection of personal data, as well as ensuring a high level of public security by facilitating the exchange of personal data between competent authorities within the Union, with the establishment of a legal system on the transfer of personal data.

Differences Across Device Usage in Search Engine Advertising

2018 ◽  
pp. 250-279
Author(s):  
Carsten D. Schultz ◽  
Christian Holsing
Keyword(s):  
Mobile Devices ◽  
Search Engine ◽  
Service Provider ◽  
Performance Indicators ◽  
Target Group ◽  
Search Process ◽  
Advertising Campaign ◽  
Search Engine Advertising ◽  
Multiple Devices

For advertisers, search engine advertising represents an attractive opportunity to selectively reach the target group at a point in time when the prospects are already thematically involved and activated. One question that subsequently arises is if users use various devices during different phases of the search process and if this behavior affects the search engine advertising outcome measured by corresponding performance indicators. The present chapter addresses this question. Based on a search engine advertising campaign of a German service provider, the authors examine the development of performance indicators across multiple devices. Specifically, we retrace the development across desktops, tablets, and mobile devices. Thus, the chapter provides insights into device usage in search engine advertising. The chapter concludes with overall trends in search engine advertising.

Privacy Enforcement in E-Services Environments

2008 ◽  
pp. 1167-1192
Author(s):  
Carlisle Adams ◽  
Katerine Barbieri
Keyword(s):  
Service Provider ◽  
Web Site ◽  
Personal Data ◽  
Current State

This chapter presents technological measures for privacy enforcement (techniques that can be used to ensure that an organization’s privacy promises will be kept). It gives an introduction to the current state of technological privacy enforcement measures for e-services environments, proposes a comprehensive privacy enforcement architecture, and discusses some remaining issues and challenges related to privacy enforcement solutions. The goal of the proposed architecture, aside from integrating many of the current isolated technologies, is to ensure consistency between advertised privacy promises and actual privacy practices at the e-service provider Web site so that users can have greater confidence that their personal data will be safeguarded.

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