scholarly journals Electronic Evidence in Intellectual Property Disputes under the Council of Europe’s Guidelines

2020 ◽  
Vol 14 (2) ◽  
pp. 303-320
Author(s):  
Marek Swierczynski ◽  
Remigijus Jokubauskas
Keyword(s):  
Intellectual Property ◽  
Business Models ◽  
Case Law ◽  
Council Of Europe ◽  
Electronic Evidence ◽  
Administration Of Justice ◽  
New Business ◽  
Explanatory Memorandum ◽  
Technological Developments ◽  
New Business Models

On 30 January 2019 the Council of Europe adopted guidelines on electronic evidence in civil and administrative law accompanied by the Explanatory Memorandum. The authors summarize and analyse this soft law instrument with respect to intellectual property (hereinafter “IP”) disputes. They explain why its creation is important for the proper administration of justice and how it addresses and reflects technological developments, new business models and evolving case-law. Several conclusions have been identified regarding how use of the Guidelines will address current practical problems for courts in IP disputes. Both authors took active part in the preparatory works and believe it is in the interest of justice and effective IP protection that these guidelines are publicly available in the member states and widely disseminated among professionals dealing with electronic evidence.

Impact of the Council of Europe Guidelines on Electronic Evidence in Civil and Administrative Law

2020 ◽  
Vol 9 (1) ◽  
pp. 1-16 ◽  
Author(s):  
Remigijus Jokubauskas ◽  
Marek Świerczyński
Keyword(s):  
Business Models ◽  
Administrative Law ◽  
Private Life ◽  
Council Of Europe ◽  
Electronic Evidence ◽  
Full Compliance ◽  
Administration Of Justice ◽  
New Business ◽  
Technological Developments ◽  
The Right

On 30 January 2019 the Council of Europe adopted guidelines on electronic evidence in civil and administrative law (hereinafter “the Guidelines”). The article summarizes and analyses this soft law instrument and explains why its creation is important for the proper administration of justice and how it addresses and reflects technological developments, new business models and evolving case-law. Several conclusions have been identified regarding how use of the Guidelines will address current practical problems for courts and attorneys while maintaining full compliance with important principles like the right to a fair trial, protection of private life and national laws of the member states.

Intellectual Property Meets the Internet

2017 ◽  
Author(s):  
Pamela Samuelson
Keyword(s):  
Intellectual Property ◽  
Business Models ◽  
The Internet ◽  
Trade Secrets ◽  
New Markets ◽  
New Business ◽  
International Laws ◽  
New Business Models

The Internet was designed without consideration of how it would affect intellectual property (IP) rights. Yet, it has had transformative impacts on all forms of IP, for example, making it possible for many authors and publishers to reach new audiences, to expand into new markets, and to develop new business models. The Internet also unquestionably has had significant impacts on the development of IP laws, especially copyright. Courts and legislatures have had to grapple with many legally and technologically challenging questions and have had to adapt conventional doctrines or develop new doctrines to answer them. This chapter considers notable developments in US, European, and international laws and other initiatives, focusing primarily on copyright developments, but also briefly reviewing impacts on other forms of IP, namely, trademarks, trade secrets, and patents.

My Wardrobe in the Cloud

2022 ◽  
pp. 153-175
Author(s):  
Claudia E. Henninger ◽  
Eri Amasawa ◽  
Taylor Brydges ◽  
Felix M. Piontek
Keyword(s):  
Environmental Sustainability ◽  
Business Models ◽  
Global Financial Crisis ◽  
Fashion Industry ◽  
Economic Climate ◽  
External Pressures ◽  
New Business ◽  
Technological Developments ◽  
Entrepreneurial Motivations ◽  
New Business Models

In response to the 2008 global financial crisis, a range of disruptive business model innovations emerged. The fashion industry saw the introduction of fashion rental platforms, aimed at appealing to price-conscious consumers still hungry for the latest styles. While these new business models filled a gap in the market and saw, in some cases, profit in the millions, the phenomenon remained rather niche. The recent pandemic, alongside other isomorphic pressures, have put further constraints on these fashion rental businesses and their entrepreneurs, leaving them struggling in the current economic climate. This chapter explores the entrepreneurial motivations behind rental platforms, the different platform models in operation, and the challenges these businesses face in the 21st century, including increased technological developments, environmental sustainability, and external pressures, such as the most recent pandemic, which saw economies shutting down. Empirically, the authors draw upon a novel dataset comprising six international case studies.

scholarly journals Against Strong Copyright in E-Business

2010 ◽  
pp. 152-171
Author(s):  
D. E. Wittkower
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Digital Media ◽  
Intellectual Property Rights ◽  
Business Models ◽  
Doing Business ◽  
General Obligation ◽  
New Business ◽  
Content Provision ◽  
New Business Models

As digital media give increasing power to users—power to reproduce, share, remix, and otherwise make use of content—businesses based on content provision are forced to either turn to technological and legal means of disempowering users, or to change their business models. By looking at Lockean and Kantian theories as applied to intellectual property rights, we see that business is not justified in disempowering users in this way, and that these theories obligate e-business to find new business models. Utilitarian considerations support disempowering users in this way in some circumstances and for the time being, but also show that there is a general obligation to move to new business models. On these moral bases, as well as on practical bases, e-business ought to refrain from using the legally permitted strong copyright protections, and should instead find ways of doing business which support, value, and respect the technical capabilities that users have gained.

Big Data and Competition Policy in the European Union

2019 ◽  
Vol 18 (1) ◽  
pp. 72-86
Author(s):  
Éva Miskolczi-Bodnár
Keyword(s):  
Big Data ◽  
Price Competition ◽  
Business Models ◽  
Competition Law ◽  
Case Law ◽  
Merger Control ◽  
The European Union ◽  
Relevant Market ◽  
New Business ◽  
New Business Models

Because of the specific features of digital markets and the emergence of new business models in the digital economy, competition often takes on a rather distinctive form, challenging competition authorities in the assessment of merger controls and anticompetitive behaviour. Several competition authorities have concluded recently that although generically formulated competition law provisions can be adapted to the particularities of a data-driven market, big data may require the use of somewhat specialized tools and methods in law enforcement, especially in the assessment of market power during merger control proceedings. One particular issue is whether data protection concerns might be covered by the scope of competition law. Recent case law suggests that national law enforcers are becoming increasingly flexible regarding privacy policies as a non-price competition factor in merger control in order to prevent future anti-competitive practices and a general reduction of competition in the relevant market.

scholarly journals Against Strong Copyright in E-Business

2011 ◽  
pp. 2157-2176
Author(s):  
D. E. Wittkower
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Digital Media ◽  
Intellectual Property Rights ◽  
Business Models ◽  
Doing Business ◽  
General Obligation ◽  
New Business ◽  
Content Provision ◽  
New Business Models

As digital media give increasing power to users—power to reproduce, share, remix, and otherwise make use of content—businesses based on content provision are forced to either turn to technological and legal means of disempowering users, or to change their business models. By looking at Lockean and Kantian theories as applied to intellectual property rights, we see that business is not justified in disempowering users in this way, and that these theories obligate e-business to find new business models. Utilitarian considerations support disempowering users in this way in some circumstances and for the time being, but also show that there is a general obligation to move to new business models. On these moral bases, as well as on practical bases, e-business ought to refrain from using the legally permitted strong copyright protections, and should instead find ways of doing business which support, value, and respect the technical capabilities that users have gained.

DIGITAL ECONOMY AND GLOBALIZATION: THE IMPORTANCE OF DIGITAL ENTREPRENEURSHIP DEVELOPMENT

2020 ◽  
Vol 6 (3) ◽  
pp. 17-20
Author(s):  
Farxod Tursunov ◽  
Keyword(s):  
Business Models ◽  
Digital Economy ◽  
Management Systems ◽  
Entrepreneurship Development ◽  
New Business ◽  
Definition Of ◽  
Digital Enterprise ◽  
New Business Models ◽  
Digital Entrepreneurship

The article discusses the role of the digital economy in the development of the country, how it becomes the basis of the economy, new business models and management systems. The opinion of scientistsis analyzed, a definition of a digital enterprise is given

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