Reverse Engineering im Spannungsfeld der Sonderschutzrechte

In implementation of Directive (EU) 2016/943, Section 3 (1) No. 2 GeschGehG (German Trade Secrets Act) explicitly legalizes reverse engineering for the first time in the history of German trade secrets law. Subject of this thesis is a comprehensive exploration of this new freedom of reverse engineering. To this end, the author develops a definition of reverse engineering that takes into account the reality of economic life. After a practice-oriented interpretation of Section 3 (1) No. 2 GeschGehG, its effects on the entire legal protection of entrepreneurial know-how are examined. The focus is on the effects on copyright, patent and unfair competition law. In this context, the author develops goal-oriented solutions to various unanswered legal questions.

TECHNICALITIES? ROBOTS AND USERS OF HIGH- VS. LOW-TECH PROSTHESES FROM A PERSONALITY AND SOCIAL PSYCHOLOGICAL AS WELL AS LEGAL PERSPECTIVE.

New bionic technologies and robots are becoming increasingly common in work spaces and private spheres. It is thus crucial to understand concerns regarding their use in social and legal terms and the qualities they should possess to be accepted as ‘co-workers’. Previous research in these areas used the Stereotype Content Model (SCM) to investigate, for example attributions of warmth and competence towards people who use bionic prostheses, cyborgs, and robots. In the present study, we propose to differentiate the Warmth dimension into the dimensions Sociability and Morality to gain deeper insight in how people with or without bionic prostheses are perceived. In addition, we extend our research to the perception of robots, such as industrial, social, or android robots. Since legal aspects need to be considered if robots are expected to be ‘co-workers’, we also evaluated current perceptions of robots in terms of legal questions. We conducted two studies in which participants rated visual stimuli of individuals with or without disabilities and low- or high-tech prostheses, and robots of different levels of Anthropomorphism (Study 1), or robots of different levels of Anthropomorphism (Study 2), in terms of Competence, Sociability, and Morality, and, for Study 2, Legal Personality and Decision-Making Authority. We also controlled for participants’ personality. Results showed that attributions of Competence and Morality varied as a function of technical sophistication of the prostheses. For robots, competence attributions were negatively related to Anthropomorphism. Sociability, Morality, Legal Personality , and Decision-Making Authority varied as functions of Anthropomorphism. Overall, this study provides a contribution to technological design, which aims at ensuring high acceptance and minimal undesirable side effects, both with regard to the application of bionic instruments and robotics. Additionally, first insights in whether more anthropomorphized robots will need to be considered differently in terms of legal practice are given.

The Legal Aspects of Artificial Intelligence based on the EU Experience

In the digital era, technological advances have brought innovative opportunities. Artificial intelligence is a real instrument to provide automatic routine tasks in different fields (healthcare, education, the justice system, foreign and security policies, etc.). AI is evolving very fast. More precisely, robots as re-programmable multi-purpose devices designed for the handling of materials and tools for the processing of parts or specialized devices utilizing varying programmed movements to complete a variety of tasks.1 Regardless of opportunities, artificial intelligence may pose some risks and challenges for us. Because of the nature of AI ethical and legal questions can be pondered especially in terms of protecting human rights. The power of artificial intelligence means using it more effectively in the process of analyzing big data than a human being. On the one hand, it causes loss of traditional jobs and, on the other hand, it promotes the creation of digital equivalents of workers with automatic routine task capabilities. “Artificial intelligence must serve people, and therefore artificial intelligence must always comply with people’s rights,” said Ursula von der Leyen, President of the European Commission.2 The EU has a clear vision of the development of the legal framework for AI. In the light of the above, the article aims to explore the legal aspects of artificial intelligence based on the European experience. Furthermore, it is essential in the context of Georgia’s European integration. Analyzing legal approaches of the EU will promote an approximation of the Georgian legislation to the EU standards in this field. Also, it will facilitate to define AI’s role in the effective digital transformation of public and private sectors in Georgia.

Kleistův „Michael Kohlhaas“ jako výraz vášnivé touhy po dosažení spravedlnosti, jakož i další autorova díla vztahující se k problematice „práva a literatury“

The article deals with the work of Heinrich von Kleist (1777–1811) in terms of its relation to the problems of “law and literature”. It focuses on the fact that this German writer belongs to those great creators who attached extraordinary care to the question of law and justice in his work. At first, the paper deals shortly with the life of this important figure of the German letters. Then the main attention is paid to the nouvelle “Michael Kohlhaas” which might be considered as the most important of his works related to the “law and literature” topic. This is given especially by the general preset of the story in which the main hero fights for the achievement of the justice tirelessly even at the cost of sacrificing his family's happiness and his life. Next part of the paper makes us familiar with certain aspects of the plot. Finally, the other works of Kleist related to the problems of “law and literature” and legal questions involved are analyzed.

Coronavirus and the Law in Europe

On 30 January 2020, in response to the globalisation of COVID-19, the World Health Organization declared a Public Health Emergency of International Concern. The deadly outbreak has caused unprecedented disruption to travel and trade and is raising pressing legal questions across all disciplines, which this book attempts to address. <br><br>The aims of this book are twofold. First, it is intended to serve as a 'toolbox' for domestic and European judges, who are now dealing with the interpretation of COVID-19-related legislation and administrative measures, as well as the disruption the pandemic has caused to society and fundamental rights. Second, it aims to assist businesses and citizens who wish to be informed about the implications of the virus in the existence, performance and enforcement of their contracts. <br><br><i>Coronavirus and the Law in Europe</i> is probably the largest academic publication on the impact of pandemics on the law. This academic endeavour is a joint, collaborative effort to structure the recent and ongoing legal developments into a coherent and pan-European overview on coronavirus and the law. It covers practically all European countries and legal disciplines and comprises contributions from more than 80 highly reputed European academics and practitioners.

Book Review: Helping Library Users with Legal Questions: Practical Advice for Research, Programming, and Outreach

Deborah A. Hamilton’s new book sheds light on the access to justice crisis in the American legal system and illustrates valuable strategies for how libraries can help. Hamilton’s passion for assisting the public with research and discovery of legal information makes her well-suited to share practical advice for research, programming, and outreach related to legal information literacy. Hamilton’s message to readers is clear: libraries can play a significant role in making the justice system more accessible and equitable by providing access to laws and legal information.

Comentarios a la propuesta del Parlamento Europeo y del Consejo del certificado verde digital. Protección de datos sanitarios y análisis ético jurídico

Con motivo de la situación actual a la que nos enfrentamos por la pandemia de la COVID-19 se ha planteado en diversas ocasiones la implantación de un certificado verde digital. El 17 de marzo de 2021 la Comisión Europea presentó una propuesta de creación del certificado con el fin de facilitar el ejercicio del derecho a la libre circulación dentro de la Unión Europea durante la pandemia. Todo ello plantea diversas cuestiones jurídicas en cuanto a la protección de datos sanitarios, el derecho a la libre circulación y la eficacia y proporcionalidad de medidas que deben ser objeto de análisis tanto desde el punto de vista jurídico como del punto de vista ético ya que, en ciertas ocasiones la aplicación de medidas puede afectar al derecho a la igualdad de los ciudadanos. Due to the current situation we are facing due to the COVID-19 pandemic, the implementation of a digital green certificate has been proposed on several occasions. On March 17, 2021, the European Commission presented a proposal to create the certificate in order to facilitate the exercise of the right of free movement within the European Union during the pandemic. All this raises various legal questions regarding the protection of health data, the right of free movement and the efficacy and proportionality of measures that must be analyzed from both the legal and ethical point of view since, on certain occasions the application of measures may affect the right of equality of citizens.

Effect of pandemic on performance of contracts and remedies to the cases of breach

There would hardly be be any walk of life which has gone unaffected by the Covid-19 pandemic. It’s effect of the performance of contracts has also attracted legal questions and practical balancing of interests. In deciding whether a sum stipulated to be paid in case of breach of contract is liquidated damages or penalty to secure performance of the contract, intention of party is an important factor in determining but not always controlling one. Substantially, remedies are given by actions in cases of performance of contracts. The nature of the contract determines the kind of remedies. The article demonstrates the structure of damages, penalty-default theory as derived from Hadley v. Baxendale. It also analyses the effects brought in by the Covid-19 pandemic over the award of damages. By this article, the authors aim to analyze the two most crucial aspects of the Indian Contract Act ie. Performace, frustration and award of damages. The article attempts to scrutinize the dimensions and ways in which these words can be interpreted and applied. In this paper, the author will rely on critical and comparative analysis. For certain empirical demands of the topic, already published data and information will be relied on and acknowledged.

Under the law: Masking reality

The Centers for Disease Control and Prevention’s recommendation that students, staff, and visitors at K-12 schools wear masks indoors, regardless of their COVID-19 vaccination status, led numerous states to issue mask mandates for some or all K-12 schools. Most of the remaining states have decided to allow school districts to do whatever they want around masks, but a few banned local mask mandates. These developments invite a number of legal questions about the legality of mask mandates (and bans on those mandates). Robert Kim reviews the legal decisions issued thus far related to mask requirements.