The Interface Between Intellectual Property and Information Technology Law

2021 ◽  
pp. 149-162
Author(s):  
Maria Lillà Montagnani

Over the years, intellectual property (IP) law has developed an increasingly profound link with both technological developments and the rules governing them. IP law is constantly challenged by new waves of technologies as often called to provide protection for them. At the same time, new technologies offer new ways to exploit protected works. Indeed, the more technology has become an autonomous subject matter governed by specific provisions, the more IP law has engaged in a constant dialogue with these provisions. This interaction between IP law and technology has significantly affected the contours of the field. In this chapter, I address the relationship between IP and the rules adopted to govern the specific technologies that are designed to handle information—known as ‘information technologies (IT)’. This set of provisions goes under the name of ‘IT law’. I examine the interface between IP and IT law from the standpoint of the IP scholars who have an interest in technology. In particular, I investigate how the IP/IT interface is, or could be regulated and how the rules regarding IP and IT law interact with each other. There is a circular relationship between law and technology as the former, while governing the latter, is also shaped by it and vice versa.

Urban Science ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 31
Author(s):  
Marianna Charitonidou

Takis Zenetos was enthusiastic about the idea of working from home, and believed that both architecture and urban planning should be reshaped in order to respond to this. He supported the design of special public spaces in residential units, aiming to accommodate the inhabitants during working hours. This article argues that Zenetos’s design for “Electronic Urbanism” was more prophetic, and more pragmatic, than his peers such as Archigram and Constant Nieuwenhuys. Despite the fact that they shared an optimism towards technological developments and megastructure, a main difference between Zenetos’s view and the perspectives of his peers is his rejection of a generalised enthusiasm concerning increasing mobility of people. In opposition with Archigram, Zenetos insisted in minimizing citizens’ mobility and supported the replacement of daily transport with the use advanced information technologies, using terms such as “tele-activity”. Zenetos was convinced that “Electronic Urbanism” would help citizens save the time that they normally used to commute to work, and would allow them to spend this time on more creative activities, at or near their homes. The main interest of “Electronic Urbanism” lies in the fact that it not only constitutes an artistic contribution to experimental architecture, but is also characterized by a new social vision, promising to resynchronize practices of daily life. An aspect that is also examined is the relationship of Zenetos’s ideas and those of the so-called Metabolists in the 1960s in Japan, including Kenzo Tange’s conception of megastructures. Zenetos’s thought is very topical considering the ongoing debates about the advanced information society, especially regarding the social concerns of surveillance, governance, and sovereignty within the context of Big Data. His conception of “tele-activities” provides a fertile terrain for reflecting on potential implications and insights concerning home-office conditions not only within the context of the current pandemic situation but beyond it as well.


2021 ◽  

The relationship between law and technology is becoming increasingly complex due to the rapid advance of digitization and the development of new and "smart" technologies. Traditional anthropocentric concepts of law seem to be in question. Moreover, the ways in which law is made and applied are changing. In the face of new and adaptive technologies, must law and its enforcement themselves become more adaptive, and how can this be done? In their contributions to the 6th GRUR Young Science conference, young scientists will address these questions from the perspective of intellectual property, media, competition, information and data protection law and will present their theses for discussion at the online conference organized at Bucerius Law School on June 4 and 5, 2021. With contributions by Dr. Jonas Botta, Dr. Michael Denga, Prof. Dr. Philipp Hacker, Dr. Elsa Kirchner, David Korb, David Linke, Janine Marinello, Ferdinand Müller, Stefan Papastefanou, Dr. Joachim Pierer, Darius Rostam, Martin Schüßler, Florian Skupin, Sebastian Theß and Nora Wienfort.


Author(s):  
Jyh-An Lee ◽  
Reto M Hilty ◽  
Kung-Chung Liu

This introductory chapter provides an overview of the relationship between artificial intelligence (AI) and intellectual property (IP). While human beings have used various instruments and technologies to create and innovate, they themselves have been the main driving force of creativity and innovation. AI puts that into question, raising numerous challenges to the existing IP regime. Traditionally, the “intellectual” part of “intellectual property” refers to human intellect. However, since machines have become intelligent and are increasingly capable of making creative, innovative choices based on opaque algorithms, the “intellectual” in “intellectual property” turns out to be perplexing. Existing human-centric IP regimes based on promoting incentives and avoiding disincentives may no longer be relevant—or even positively detrimental—if AI comes into play. Moreover, AI has sparked new issues in IP law regarding legal subjects, scope, standards of protection, exceptions, and relationships between actors.


2019 ◽  
Vol 47 ◽  
pp. 101-118
Author(s):  
Fabienne Chamelot ◽  
Vincent Hiribarren ◽  
Marie Rodet

Abstract:With the rise of information technology, an increasing proportion of public African archives are being digitized and made accessible on the internet. The same is being done to a certain extent with private archives too. As much as the new technologies are raising enthusiasm, they have prompted discussion among researchers and archivists, on subjects ranging from matters of intellectual property to sovereignty and governance. Digital archiving disrupts archival norms and practices, opening up a field of reflection relatively little explored by historians. This article therefore seeks to reflect on the digital turn of African archives as a subject for study in its own right, located at the crossroads of political and economic interests.


Author(s):  
Alison Flatau ◽  
Usha Varshney ◽  
Peter Chang

Advances in MEMs, wireless, information technology and other enabling technologies are leading to new sensor system functionality and access to more accurate data and information than heretofore realizable. These advances are crucial for realizing the full potential of the on-going transition from data-poor to data-rich and information-poor to information-rich science and engineering practices. With decreases in size and cost of sensors resulting from advances in microsystem technologies, ubiquitous sensing is becoming both physically realizable and economically feasible. New developments in sensed-information technologies offer the promise of novel insights and advances in areas that have previously lacked the technology base for acquiring high resolution and highly specific assessments of state (biologic, chemical, physical, optical, etc.). Increased research and education are needed in new technologies addressing research issues relating to new hardware and software for efficient acquisition of data and information, and in new decision and control theory as tools for managing and using available data and information. New sensor system functionality will be realized through countless different design concepts. This paper examines some of the needs, opportunities, and trends for research and education in the area of sensed-information and sensor systems research.


1998 ◽  
Vol 15 (3) ◽  
pp. 45-79
Author(s):  
Dilnawaz A. Siddiqui

Technology is defined as a device to compensate for human physical,psychological, and mental limitations. It is usually neutral, but can havefunctional and dysfunctional aspects based on its users’ intentions.Historically, the technological haves have justified the existence and possessionof new technologies, have publicized their own innocence andsense of responsibility in using them, and have asserted the innocuousnessof their devices without necessarily sharing all of their secrets. Concernedand helpless, the technological have-nots have resisted them and, havingsuffered their deadly devastation, have tried to obtain them at great risk tothemselves. However, the situation of information technology/-ies (IT) isdifferent and more interesting. The haves have attempted to popularizetheir use globally for commercial and other reasons. Many have-nots areembracing them wholeheartedly, while some are more cautious.One motivation behind the use of these technologies is globalization.The increasingly popularized term globalization is rather vague and complex,allowing a variety of interpretations and hidden intentions. Thehave-nots seem to see it as the West’s redoubled efforts at Westernizingthe world with all its pains, pleasures, and perversions; as achieving politicalhegemony as the sole superpower after the end of the Cold War; andas the “opening up of the globe” for commercial control on its own terms.Initially the world, especially the nations of South Asia, saw for themselvesa rare opportunity in the globalization of trade and IT. But since thecontagion has now spread, rather too fast, across the globe, the world cansee more clearly both the prospects and the problems of these two majorglobal trends. The purpose of this paper is to identify various issuesinvolved in these trends, and to discuss, in greater depth, some of them,namely, global business, the promise of technology, and the globalizationof media and culture ...


Author(s):  
Abdul Raufu Ambali

There is no doubt that e-government application in public administration and its productive use of information technologies (ICTs) would improve the interface between respective governments and their citizens in both service deliveries and provisions of basic needs. However, it is recognized that while there are many benefits that have been obtained by implementing e-government, there are many sectors of society that are not part of this growing electronic culture. Perhaps, economics, lack of access to the Internet and other technologies, low literacy levels and often lack of interest or willingness to use the new technologies, contributes to a country’s disparities in e-government practices. It is argued that the concept of citizen’s disparities in e-government application in public sectors is based on the hypothesis that there are both “information-haves and information-have-nots” in the ICT Era. In addition, the basis for such division may include demographic characteristics such as income, educations, ethnicity, regions and locality. Most of the governments all over the world recognized these fundamental divisional issues but fail to include them along the implementation of their e-government programs. Therefore, from a public policy perspective, the research questions to be asked are: does citizen’s disparity matter in a successful application of e-government in public sectors? How much do these fundamental disparities (such as illiteracy, economic conditions of individual citizens, family and groups, disabilities and lack of interest or willingness levels) prevent citizens from appreciating the application of e-government? How much do these issues impact on the relationship between government and the citizenry in relation to the thesis of e-government programs? What kinds of policies might be needed by governments to ensure that large segments of the citizens are included in the e-government implementations? This chapter seeks to address the digital divide associated with e-government, which can serve as impediment for application of ICT. As a case study, the chapter explores the various initiatives that have been undertaken by the Malaysian government to bridge the gap.


2016 ◽  
Vol 22 (3) ◽  
Author(s):  
Rujita Ravindra Shenoy

This paper examines the problems and complexities created by the patent regime as well as challenges posed by accommodating new technologies like bioinformatics in its traditional patent framework. It examines and analyses the standards of biotechnology and software patents followed in the US, EU and India based on judicial precedents and its implications on bioinformatics patents, analyses bioinformatics patents granted in the United States and European Union and examines the  Indian Patent Manual and the patentability standards followed in India.Keywords: Bioinformatics, Patents, Information Technology, research tools, biotechnology and software patents, Intellectual Property Rights. 


2020 ◽  
Vol 159 ◽  
pp. 04029
Author(s):  
Maiya Suyunchaliyeva ◽  
Nazym Shedenova ◽  
Beket Kazbekov ◽  
Sandygul Akhmetkaliyeva

This study provides an overview of the state of tourism development over the past twenty years in the field of information technology. It is argued that the knowledge created over the past two decades can be characterized as two distinct epochs - digitalization, which reflected a common understanding of how technology has changed our society and economy, and innovation, which implies the introduction and use of new technologies to develop the industry. Knowledge development in each of these periods, the authors describe the technological environment, the dominant paradigm, major research issues, and influential disciplines and research approaches. In particular, we recognize the transfer of our view of research in the field of information technology in tourism from a predominantly marketing tool for knowledge creation due to new technological conditions such as a smartphone, unmanned aerial vehicle, wearable devices, new connectivity and large volumes of data. Finally, this study discusses possible challenges and our current views on the relationship between information technology and tourism.


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