Abstract: Part 1. Introduction -- Chapter 1: Overview of Japanese Law -- Chapter 2 International Cooperation and Harmonization in Competition Law -- Part 2: Digital Initiatives in Japanese Competition Law -- Chapter 3: Big Data and AI -- Chapter 4: Big Data and AI -- Chapter 5: Perspectives on High-Tech Regulation -- Part 3: The Realities of Various Digital Regulations -- Chapter 6: Data Regulation -- Chapter 7 Digital PF Regulation -- Chapter 8: Competition in Multisided Markets -- Chapter 9 Competition Law and Consumers in Digital Platforms.

Abstract: This book organizes the intent and purpose of the Japanese competition law (Antimonopoly Act) to address the digitalized socio-economy and provides a detailed explanation of its basic content as well as advanced issues. It includes an overview of Japanese law and its international position, a basic understanding of the big data and AI issues in today's competition law, and perspectives on high-tech regulation. In addition, it includes a variety of important topics, ranging from exploring principles to tackle digital regulatory realities, to understanding and analyzing the competitive realities of multisided markets. It also examines the relationship between information and competition law and that between consumer and competition law. Digitalization is a key concept in our economy and society today. Carbon neutrality initiatives, the need to improve productivity, globalization, and new ways of working are all seeking breakthroughs by way of digitalization. What’s more, digitalization requires free and fair competition in order to encourage technological innovation. The search for transparent and clear competition laws is essential to promote efficient and effective research and development and to promote public awareness through competition.

Abstract: Introduction: The Dynamic Context & Multiple Challenges of Data Sharing Today -- The GA4GH Regulatory and Ethics Work Stream (REWS) at 10: An Interdisciplinary, Participative Approach to International Policy Development in Genomics -- Assessing Public and Private Rights of Action to Police Health Data Sharing -- Patient Perspectives on Data Sharing.

Abstract: Data sharing – broadly defined as the exchange of health-related data among multiple controllers and processors – has gained increased relevance in the health sciences over recent years as the need and demand for collaboration has increased. This includes data obtained through healthcare provisions, clinical trials, observational studies, public health surveillance programs, and other data collection methods. The practice of data sharing presents several notable challenges, however. Compliance with a complex and dynamic regulatory framework is essential, with the General Data Protection Regulation being a prominent example in a European context. Recent regulatory developments related to clinical trial transparency, trade secrecy, data access, AI training data, and health data spaces further contribute to the difficulties. Simultaneously, government initiatives often encourage scientists to embrace principles of “open data” and “open innovation.” The variety of regulations in this domain has the potential to impede widespread data sharing and hinder innovation. This edited volume, therefore, compiles comparative case studies authored by leading scholars from diverse disciplines and jurisdictions. The book aims to outline the legal complexities of data sharing. By examining real-world scenarios from diverse disciplines and a global perspective, it explores the normative, policy, and ethical dilemmas that surround data sharing in the health sciences today. Chapter Patient Perspectives on Data Sharing is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com. Chapter Supplementary Measures and Appropriate Safeguards for International Transfers of Health Data after Schrems II is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Abstract: 1 introduction: legislating for the digital reality: a moving target -- 2. Welcoming digital innovation: why america seems to get it right -- 3. The mechanics of flexibility -- 4 Jewels in the sand: supporting creativity in a mass networked environment -- 5 EU (non) remedies to inflexible copyright: contracts as a policy tool -- 6 Courts of law v. Choke points for technological innovation -- 7 Conclusions.

Abstract: Can we regulate something that doesn’t exist yet? Can Europe create its own Silicon Valley? Who gets to create technological value in today’s world? Whatever happened to the once-flourishing idea of rags to riches? Will new and exciting innovations only ever come from big tech companies? Can the EU establish its own flexible framework for boosting innovation, e.g. by facilitating the transformative use of technologies and data? This book seeks to answer these questions by exploring the differences in copyright culture in Europe and the United States, with its flexible fair use framework. The findings are anything but obvious, and decades of case law on both sides of the Atlantic tell a story of judges going to great lengths to deal with new challenges while navigating the imperfections of statutory law – both where it is too broadly formulated and where it is too prescriptive. How can the population’s creative potential best be fostered? What do software innovations have in common with the evolution of living organisms? What are the vulnerabilities of distributed creativity? Answers are sought in the processes that came into being during the early years of the digital revolution and were then forced to take a back seat as control of the means of production was increasingly placed in the hands of tech companies. The findings and insights presented here are highly relevant for today’s digital policymaking. Market concentration processes in innovation haven’t ceased; they are ongoing. And in an age where data-driven services are creating and reinforcing global oligopolies, the question posed by the U.S. Supreme Court in Google v. Oracle is now more relevant than ever: who should hold the keys to digital innovation?

Abstract: Introduction to the emerging rights -- Generation of emerging rights: taking the right to outdoor advertising as an example -- Administrative right to know -- Right to information -- Genetic rights -- Sexual rights.

Abstract: This book systematically discusses the contents of the administrative right to know, the right to information, the right to gene, euthanasia and other emerging rights. The purpose of this book is to attract legal scholars to pay attention to these right changes in the process of China's social transformation, analyze the basic laws of right changes under the specific background of China's society and provide a theoretical system model for the establishment of China's legislative right recognition and right relief system. The typical feature of contemporary China is all-round social transformation. In such a transitional period, the construction of democracy, legal system and political system in China is gradually unfolding and developing with its unique mode. In the construction of legal system and the practical operation of legal system, the concept of rights, the thinking of rights and the logic of rights have in fact been running through the social and legal practice in China for decades since the reform and opening up and have always become its background, keynote and background. Its typical realistic symptom is that a large number of rights belong to "new" for "China" the germination and birth of the type. In this context, this book tries to combine the general theory with the specific reality of the right landscape and preliminarily explores and explains the generation mechanism, existence basis, development logic and basic connotation of the "new" types of rights, that is, the main "emerging" or "new" types of rights in the transitional Chinese society. The purpose of this book is to draw the attention of the colleagues in the field of law to the reality of the emergence and development of "emerging" rights in our society. At the same time, taking this as an example, I hope that the colleagues in the field of law can deepen the study of rights, especially from the general and macro-study of rights to the more specific and micro-study of rights.

Abstract: "Drawing on dozens of original interviews and close analysis of Australian examples sampled from across 40 years of "indie" music, comedy, film, computer games, and graphic design, Fringe to Famous explores how some of Australia's leading cultural practitioners negotiate their position between the margins and the mainstream in the contemporary period. Fringe to Famous critically re-examines the relations between "independent" and "mainstream" cultural production at a time when the very meaning and relevance of those terms is being widely debated. In recent decades, critically-aware artists and their entrepreneurial business partners have engaged in a playful negotiation of marginal and mainstream tastes, harnessing the values associated with the creative underground-transgression, independence, authenticity-for both aesthetic and commercial ends. At the same time, crises in the business models of commercial media industries and the proliferation of online distribution have made ?mainstream? increasingly difficult to define."--

Abstract: Chapter 1. Introduction -- Chapter 2. Foundations: An Essay on Blockchain and the Law -- Chapter 3. Blockchain and Elections: A Complicated Relationship -- Chapter 4. What are the Limits of Blockchain? Considerations of the Use of Blockchain in Transitional Justice Processes -- Chapter 5. Taxing Crypto-Assets – The Portuguese Perspective -- Chapter 6. Blockchain Execution of Judgements – A Possibility in South Africa? -- Chapter 7. DLT Pilot Regime and DeFi -- Chapter 8. Central Bank Digital Currency – A Focus on Anonymity -- Chapter 9. Smart Contracts and the Law -- Chapter 10. Decentralized Autonomous Organizations and their Role in Digital Society.

Abstract: This book discusses the dogmatic (that what is settled) and the dynamic (that what is changing) aspects of the relationship between blockchain and the law from a critical perspective. With contributions from legal and financial experts involved in both academy and business from Europe, Africa and North and South America, the book looks at the abstract complexities and practical challenges of regulating blockchain technology and its developments, such as crypto assets and smart contracts, from the perspectives of financial, tax, civil, and international law. Moreover, the book also delves into some exciting and cutting-edge related topics such as blockchain applications for litigation, CBDC and elections. The volume offers insightful considerations that will be helpful for legal practitioners involved in the crypto and Distributed Ledger Technology (DLT) phenomenon. Francisco Pereira Coutinho is Associate Professor at the Nova School of Law in Lisbon, Portugal. Martinho Lucas Pires is Teaching Assistant in the Department of Law of the Universidade Católica Portuguesa in Lisbon, Portugal. Bernardo Correia Barradas is a Lawyer and Senior Legal Advisor in payments in Washington DC, United States.

Abstract: As computational power, the volume of available data, IT systems’ autonomy, and the human-like capabilities of machines increase, robots and AI systems have substantial and growing implications for the law and raise a host of challenges to current legal doctrines. The main question to be answered is whether the foundations and general principles of private law and criminal law offer a functional and adaptive legal framework for the “autonomous systems” phenomena. The main purpose of this book is to identify and explore possible trajectories for the development of civil and criminal liability; for our understanding of the attribution link to autonomous systems; and, in particular, for the punishment of unlawful conduct in connection with their operation. AI decision-making processes – including judicial sentencing – also warrant close attention in this regard. Since AI is moving faster than the process of regulatory recalibration, this book provides valuable insights on its redesign and on the harmonization, at the European level, of the current regulatory frameworks, in order to keep pace with technological changes. Providing a broader and more comprehensive picture of the legal challenges posed by autonomous systems, this book covers a wide range of topics, including the regulation of autonomous vehicles, data protection and governance, personality rights, intellectual property, corporate governance, and contract conclusion and termination issues arising from automated decisions, blockchain technology and AI applications, particularly in the banking and finance sectors. The authors are legal experts from around the world with extensive academic and/or practical experience in these areas.

Abstract: Part I Artificial Intelligence and Sustainable Development -- An Assessment of the Role of Artificial Intelligence on Sustainable Development Goals -- Sustainable Growth and the Role of Artificial Intelligence in Improving the Circular Economy -- Part II Blockchain for Sustainable Development: the Potential of Tokenization -- Token, Tokenization and Sustainable Development -- Tokenization of the creative industries: the intersection between emerging technologies and sustainability -- Part III The Green Digital Transformation: Legal Issues -- The Importance of a Global Legal Framework and Digital Technologies in Combating Climate Change -- Green Finance in the EU and Russia: Legal Frameworks and Opportunities of Digitalisation -- Part IV Human Rights and Information Communication Technologies -- Fast Internet as a Prerequisite for Sustainable and Resilient Development: Network expansion measures and extension of user rights -- The Right to Education in a Digital Era -- Part V Challenges in achieving SDG 16 -- Corporations and the global backlash over privacy: too big to regulate? -- E-justice in Russia.

Abstract: Digital technologies are playing a growing role in achieving the UN’s Sustainable Development Goals (SDGs). They are both a tool both for achieving developmental outcomes and a driver of change. However, the use of digital technologies also entails certain legal challenges. The purpose of this book is to highlight these challenges and suggest solutions. Written by leading researchers from six countries, who analyse legislative solutions from around the world, it includes chapters on the benefits of asset tokenisation, the role of artificial intelligence in achieving sustainable development, legal issues in the green digital transformation, and human rights in a digital world. Through a mixture of fundamental analysis and real-world examples, readers will learn how emerging digital technologies can help achieve various SDGs and what legal challenges arise from their application. This important resource will be of interest to academics, government and legal officials whose work involves the legal regulation of the introduction and use of new digital technologies, as well as sustainable development challenges. Legal experts engaged in the design of new legal infrastructures during the current phase of digital, climatic and social transformation in private, public and social organizations will also find it useful.

Abstract: AI Laws and Policies -- Theoretical Research on AI and the Rule of Law -- Application of AI in the Rule of Law -- Analysis of Al-Related Cases -- Report on the Development of AI and the Rule of Law -- Expert Interviews on Development of AI and the Rule of Law -- Interviews with AI Companies on the Rule of Law.

Abstract: This book focuses on the development of artificial intelligence and rule of law in the world, by collecting and summarizing the information about the development of artificial intelligence and rule of law in China and the world, covering topics like AI strategy, policy, law, theoretical research and practical application, etc. It makes an in-depth analysis so as to provide an objective, fair and accurate report. The purpose is to promote the study of AI and law, promote the construction of AI and rule of law system and create an AI and rule of law environment. In particular, it aims to play an active role in promoting the establishment of legislative norms, legal systems, policy systems and ethical norms that are compatible with the innovative development of AI, promoting the implementation of a new generation of national AI development strategies, ensuring the safe, reliable, controllable, healthy and sustainable development of AI. It is hoped that this book may provide useful reference for researchers of AI and law.

Abstract: Legal Developments on Cybersecurity and Related Fields: Introductory notes and presentation -- PART I – CYBERSECURITY, CYBERDEFENCE AND LAW -- Getting critical. Making sense of the EU security framework for cloud providers -- Cyber operations targeting space systems. Legal questions and the context of privatisation -- A legal assessment of the concept of risk in reversible operations through cyber and electronic means -- Knowledge management and continuous improvement in cyberspace -- Information security metrics: challenges and models in an all-digital world -- Cyberterrorism and the Portuguese counter-terrorism act -- PART II – CYBERSECURITY AND LAW: SPECIFIC TOPICS -- Towards cybersecurity regulation of software in the European Union -- The importance of the computer undercover agent as an investigative measure against cybercrime: a special reference to child pornography crimes -- Post-Mortem data protection and succession in digital assets under Spanish law -- The suitability of the regime of technological measures for copyright protection in the face of modern cybersecurity risks -- Digital signatures and quantum computing -- No words needed? Emojis as evidence in judicial proceedings -- PART III – CYBERSECURITY, ETHICS AND FUNDAMENTAL RIGHTS -- Bug bounties: ethical and legal aspects -- Profiling and cybersecurity: a perspective from fundamental rights' protection in the EU -- Legal developments on smart public governance and fundamental rights in the digital age -- Biometric signatures in the context of Regulation (EU) nr. 910/2014 and the general data protection regulation: the evidential value and anonymization of biometric data -- Cybersecurity issues in electronic communications and some insights on digital literacy and technological infrastructures’ demands – anticipations of the European Digital Decade through the lens of a Declaration on digital rights and principles.

Abstract: This book presents a fresh approach to cybersecurity issues, seeking not only to analyze the legal landscape of the European Union and its Member States, but to do so in an interdisciplinary manner, involving scholars from diverse backgrounds – ranging from legal experts to ICT and engineering professionals. Cybersecurity requirements must be understood in a broader context, encompassing not just conventional aspects, but also emerging topics. This can only be achieved through an interdisciplinary approach. Indeed, cybersecurity should be consistently considered in relation to cybercrime and/or cyber defense, while examining it through the lens of specific domains that are intertwined with various legal fields. Moreover, it is crucial to uphold ethical standards and safeguard fundamental rights, particularly regarding personal data protection. By adopting this comprehensive perspective, the significance of cybersecurity in the exercise of public authority becomes apparent. It also plays an essential role in upholding the fundamental values of both individual Member States and the EU as a whole, such as the rule of law. Moreover, it fosters trust, transparency, and effectiveness in market relations and public administration interactions. In turn, the book draws on the expertise of its authors to provide insights into ICT components and technologies. Understanding these elements holistically is essential to viewing every "cyber" phenomenon from a legal standpoint. In addition to the holistic and interdisciplinary approach it presents, the book offers a captivating exploration of cybersecurity and an engaging read for anyone interested in the field.

Abstract: Sui generis rights in the intellectual property system -- Sui generis intellectual property protection for databases -- Sui generis intellectual property protection for designs -- Sui generis intellectual property protection for plant varieties -- Sui generis intellectual property protection for works generated by AI systems.

Abstract: The standard forms of intellectual property protection, namely, copyright, patents, trademarks and trade secrets, have a long history and are well regulated in the legislative systems of most jurisdictions. However, there are specific kinds of subject matter that, due to their characteristics, cannot be adequately protected by these standard forms of intellectual property instruments. At the same time, these categories of subject matter require legal protection in order to ensure the balance between the public's access to these creations and the creators' rights. For these reasons, many jurisdictions introduce a special form of intellectual property protection, namely, sui generis regime, i.e., intellectual property legal regime “of its own kind”, designed to serve the specific needs of a particular subject matter. This book analyzes the intellectual property protection regimes in the EU and the U.S. available for three categories of subject matter that are often considered as requiring sui generis protection, namely, databases, designs and plant varieties. One of the main objectives is to evaluate whether the chosen subject matter in fact requires sui generis intellectual property protection and whether the introduced sui generis regimes have proved to be successful over time. The final chapter of this book analyses the perspectives of sui generis intellectual property protection for works generated by AI systems. This volume offers a comprehensive analysis of sui generis intellectual property rights and will be a key source for both scholars and practitioners with an interest in intellectual property law. .

Abstract: Einführung -- Der Einsatz algorithmenbasierter Verfahren im Bewerbungsprozess -- Informationsinteresse und Geheimhaltungsinteresse im Spannungsverhältnis -- Die Einzelfallbetrachtung -- Abschließende Thesen -- Literaturverzeichnis.

Abstract: Die Digitalisierung und der technische Fortschritt gewähren dem Arbeitgeber zahlreiche Möglichkeiten, um den Prozess der Personalauswahl zu automatisieren und zu optimieren. Begrifflichkeiten wie „E-Recruiting“, „Robot Recruiting“, „People Analytics“, „Pre-Employment-Screening“ und „Künstliche Intelligenz“ haben in den Prozess der Personalauswahl Eingang gefunden. Die damit verbundenen rechtlichen Problemstellungen werden in der vorliegenden Arbeit am Beispiel algorithmenbasierter Verfahren der Eignungsdiagnostik erörtert. Welche Informationen darf der Arbeitgeber über den einzelnen Bewerber erfahren und welche Methoden darf er diesbezüglich anwenden? Welche Transparenz- und Rücksichtnahmepflichten hat der Arbeitgeber zu wahren, wenn technische Systeme, Algorithmen und automatisierte Test- und Analyseverfahren eingesetzt werden? Welche (Diskriminierungs-)Risiken drohen, wenn die Entscheidungsstrukturen des Algorithmus durch künstliche Intelligenz erlernt bzw. generiert werden? Diese konkreten Fragestellungen münden letztendlich in der übergeordneten Fragestellung, ob es im digitalisierten Bewerbungsverfahren eines besonderen Schutzes des Bewerbers bedarf, welcher im Gesetz einen Niederschlag finden muss. Der Autor Jannik Schepers hat am Institut für Informations-, Gesundheits- und Medizinrecht (IGMR) an der Universität Bremen promoviert. Er ist als Rechtsreferendar am Oberlandesgerichtsbezirk Oldenburg (Niedersachsen) tätig.

Abstract: 1. What is AI Ethics Management and Why Does it Matter? -- 2. AI Can Injure People and Damage Business Reputation -- 3. Why Companies Pursue AI Ethics Management -- 4. How to Draw Substantive Lines Between Ethical, and Unethical, Uses of AI -- 5. Management Structures and Processes for Achieving Responsible and Ethical AI -- 6. The Next Stage: AI for the Social Good -- 7. Conclusion.

Abstract: This open access book explains how leading business organizations attempt to achieve the responsible and ethical use of artificial intelligence (AI) and other advanced information technologies. These technologies can produce tremendous insights and benefits. But they can also invade privacy, perpetuate bias, and otherwise injure people and society. To use these technologies successfully, organizations need to implement them responsibly and ethically. The question is: how to do this? Data ethics management, and this book, provide some answers. The authors interviewed and surveyed data ethics managers at leading companies. They asked why these experts see data ethics as important and how they seek to achieve it. This book conveys the results of that research on a concise, accessible way. Much of the existing writing on data and AI ethics focuses either on macro-level ethical principles, or on micro-level product design and tooling. The interviews showed that companies need a third component: data ethics management. This third element consists of the management structures, processes, training and substantive benchmarks that companies use to operationalize their high-level ethical principles and to guide and hold accountable their developers. Data ethics management is the connective tissue makes ethical principles real. It is the focus of this book. This book should be of use to organizations that wish to improve their own data ethics management efforts, legislators and policymakers who hope to build on existing management practices, scholars who study beyond compliance business behavior, and members of the public who want to understand better the threats that AI poses and how to reduce them.

Abstract: Part I Scientific, technological and societal achievements in Artificial Intelligence -- Introduction to Part I -- 1. Artificial intelligence: historical context and state of the art -- 2. The impact of language technologies in the legal domain -- 3. Societal implications of recommendation systems: a technical perspective -- 4. Data-driven approaches in healthcare: challenges and emerging trends -- 5. Security and privacy -- Part II. Ethical and legal challenges in Artificial Intelligence -- Introduction to Part II -- 1. Before and beyond Artificial Intelligence: opportunities and challenges -- 2. Autonomous and intelligent robots: social, legal and ethical issues -- 3. The ethical and legal challenges of recommender systems driven by Artificial Intelligence -- 4. Metacognition, accountability and legal personhood of AI -- 5. Artificial Intelligence and decision-making in health: risks and opportunities -- 6. The autonomous AI physician: medical ethics and legal liability -- 7. Ethical challenges of Artificial Intelligence in medicine and the triple semantic dimensions of algorithmic opacity with its repercussions to patient consent and medical liability -- Part III. The law, governance and regulation of Artificial Intelligence -- Introduction to Part III -- 1. Dismantling four myths in AI & EU Law through legal information ‘about’ reality -- 2. AI modelling of counterfactual thinking for judicial reasoning and governance of law -- 3. Judicial decision-making in the age of Artificial Intelligence -- 4. Liability for AI driven systems -- 5. Risks associated with the use of natural language generation: a Swiss civil liability law perspective -- 6. AI Instruments for risk of recidivism prediction and the possibility of criminal adjudication deprived of personal moral recognition standards – sparse notes from a layman -- 7. The relevance of deepfakes in the administration of criminal justice -- 8. Antitrust law and coordination through Al-based pricing technologies -- 9. The “Artificial Intelligence Act” proposal on European e-Justice domains through the lens of user-focused, user-friendly and effective judicial protection principles -- 10. The European Union’s approach to Artificial Intelligence and the challenge of financial systemic risk -- 11. Regulating AI: challenges and the way forward through regulatory sandboxes.

Abstract: This open access book presents an interdisciplinary, multi-authored, edited collection of chapters on Artificial Intelligence (‘AI’) and the Law. AI technology has come to play a central role in the modern data economy. Through a combination of increased computing power, the growing availability of data and the advancement of algorithms, AI has now become an umbrella term for some of the most transformational technological breakthroughs of this age. The importance of AI stems from both the opportunities that it offers and the challenges that it entails. While AI applications hold the promise of economic growth and efficiency gains, they also create significant risks and uncertainty. The potential and perils of AI have thus come to dominate modern discussions of technology and ethics – and although AI was initially allowed to largely develop without guidelines or rules, few would deny that the law is set to play a fundamental role in shaping the future of AI. As the debate over AI is far from over, the need for rigorous analysis has never been greater. This book thus brings together contributors from different fields and backgrounds to explore how the law might provide answers to some of the most pressing questions raised by AI. An outcome of the Católica Research Centre for the Future of Law and its interdisciplinary working group on Law and Artificial Intelligence, it includes contributions by leading scholars in the fields of technology, ethics and the law. .

Abstract: Introduction and Overview of the Book -- Abilities of UAS, Historical Expansion and Integration Challenges into Civil Aviation -- International Air Law Response to Challenges in UAS Regulation -- Legal, Policy and Institutional Framework For Regulation of UAS in the United States Of America (USA) -- Legal, Policy and Institutional Framework For Regulation of UAS in South Africa -- Legal, Policy and Institutional Framework For UAS in Kenya -- Synthesis of Outcomes Regarding Integration of UAS into Civil Aviation in the US, South Africa and Kenya -- Conclusion, Recommendations and Way Forward.

Abstract: This book evaluates how the legal, institutional and policy frameworks for Unmanned Aircraft Systems (UAS) in the United States, South Africa and Kenya have addressed the current needs and challenges involved in these systems’ operation and integration into regulatory frameworks for civil aviation. It shows how the three states have developed their own constitutional frameworks, legislation, regulations, policies and strategic plans to address the challenges that emanate from integrating UAS into the civil aviation airspace. The book details the three countries’ integration experiences, investigating the extent to which existing international regulatory frameworks address the various concerns, and identifies the common thread that runs through UAS regulation, as well as each country’s unique issues and path to integration. Recognizing that the approach for integration of UAS into civil aviation needs to be gradual and pragmatic, the book recommends scaling up institutional capacity, coordination and funding, and intensifying regional efforts to redefine and support UAS integration.

Abstract: Chapter 1. Introduction -- Chapter 2. Journalism is Software -- Chapter 3. News Recommendation and Information Cocoons: the Impact of Algorithms on News Consumption -- Chapter 4. Environmental Issues Raised in the Forum Pages of a Newspaper in Singapore -- Chapter 5. Towards an Inclusive Journalism: a Review of Ethical Norms and Accountability Systems -- Chapter 6. On the Framing of the Zika Virus Outbreak in Singapore by a Newspaper -- Chapter 7. Journalism in Practice Studies: a Systematic Review -- Chapter 8. A Toolkit for Journalists for More Informed Reporting of Stories About Muslims and Islam -- Chapter 9. Emotional Education: Incorporating Emotional Labor Instruction Into Journalism Training -- Chapter 10. Some Problems of Bridge-building -- Chapter 11. Entrepreneurialism in Digital Journalism Education: the Niche Model -- Chapter 12. Sámi Journalism in the Context of the Sámi Mediascape: Current Trends and Research Agendas -- Chapter 13. Transnational Networks in Global Collaborative Journalism: Mapping Opportunities and Challenges in Africa -- Chapter 14. Media and Democracy: Can the News Media Rightfully Claim Its Role as the Fourth Estate in Zimbabwe Politics? -- Chapter 15. Psychological Aid and Training for Journalists Who Face Continued Emotionally Demanding Environments: the Case of Venezuelan Journalists -- Chapter 16. Reclaiming the Social Legitimacy of Journalism in Polarised Environments: Lessons From Chile and Bolivia -- Chapter 17. Digital Shift Towards What? Implications of Digital Transformation for Professional Journalism Practice in Morocco -- Chapter 18. Brazilian Journalists’ New Media Arrangements: Journalism Made in the Periphery -- Chapter 19. The Pros and Cons of Online Journalism Practice in Egypt -- Chapter 20. Australian Journalist Practice and News Reporting in Relation to First Nations -- Chapter 21. Press Coverage of Yellow Vest Protests in France: a Critical Approach -- Chapter 22. Vietnamese Online Journalism: Vnexpress and Vietnamplus’ Responses to the Big Data and AI Boom -- Chapter 23. Looking for Constructive Journalism Principles in Arab Journalism Codes of Ethics: a Study on UAE, KSA, and Qatar -- Chapter 24. Exploring Environmental Journalism Practices in Singapore: the Case of a National Newspaper -- Chapter 25. Migrating From the Advocacy of Personality Cult to a Vibrant Democratic Landscape: Four Decades of Iraqi Journalism Practice -- Chapter 26. Pivoting on Their Writerly Skills: How Australian Freelance Journalists Fared During the Pandemic -- Chapter 27. Beyond the Bias: the Hegemony of Corporatizing Journalism -- Chapter 28. Ethical Blindness in Journalism -- Chapter 29. Journalists and Editors in an Online Environment: the Case of Croatia -- Chapter 30. Cold War or Inner Unity? How a New Generation of Journalists Challenge Persistent Bias in Reporting East Germany in Die Zeit -- Chapter 31. Cultural Journalism: the Theatre Review -- Chapter 32. We Are the New(S)!: Reporting Experiences of Young Journalists in Albania -- Chapter 33. Fixers as Co-creators of Foreign Reporting: Focus on Hungary -- Chapter 34. “No One is Going to Silence Me”: a Comparison of the Conditions for Press Freedom and Independent Journalism as a Prerequisite for Democracy in the United States, Sweden, and Egypt.

Abstract: This authoritative handbook looks at the entire news cycle and provides a bridge between the theoretical and academic study of journalism and its actual contemporary practice. The book's main merit is that it brings theory and practice together, with contributors discussing these issues from different perspectives in a way that scholars, students, and practitioners can find useful in the study of journalism. The handbook is also unique as it undertakes an international scope across regions and cultures, both from the West and the Global South, while providing an overview which balances the (over-) emphasis on content in most academic approaches to journalism. The book is divided into four major parts: (1) Conceptual foundations, (2) Interlink between journalism as scholarship and journalism as practice, (3) Regions and cultures, and (4) The practitioner world. The first two sections lay down the foundation for section (3) which provides an overview of journalism practice in different regions and cultures. Section (4) includes contributions by practitioners in which they attempt to respond to some of the issues raised in preceding sections. This handbook will appeal to academics, practitioners, and professionals alike, who are interested in a better understanding of the academic study of journalism and its actual contemporary practice.

Abstract: Chapter 1. Journalism and the Smart City -- Chapter 2. Configuring the Case of the Quayside Project -- Chapter 3. Chronicle of a Mediatized Controversy -- Chapter 4. The Quayside Project: Some Reassembly Required./.

Abstract: “Bob Hanke’s “Smarter Toronto” is an important study of a key event in the recent history of urban planning, technological innovataion and urban journalism. The book masterfully weaves together complex theoretical ideas while remaining readable and deeply engaged with the events it describes. Hanke’s account of Google’s failed Sidewalk project in Toronto should interest anyone concerned with media, urban democracy and the future of cities.” —Will Straw, James McGill Professor of Urban Media Studies, McGill University This book bridges media, technocultural, urban, and journalism studies to examine the role of journalism in relation to a smart city project on Toronto’s waterfront. From the announcement of the public-private partnership called Sidewalk Toronto to the project’s termination, a mediatized controversy unfolded. Through an assemblage approach to this project and a case study of The Globe and Mail and the Toronto Star, it follows the actors and chronicles the Quayside project story as a conversation about the promise and perils of a future “smart” neighbourhood. In the news of Waterfront Toronto, Sidewalk Labs, other actors, events, and developments, there were multiple voices and views, interpretations and arguments, that manifested conflicting interests and values. As a locally situated actor, journalism produced a porous discourse that expressed a proposeand- public pushback movement. This work of articulating mediation conditioned the project’s alteration and dissolution within asymmetrical relations of power. In addition to a wave of opposition that inflected the project’s enactment, a time lag between project time and governmental policymaking made the controversy over this future urban space intractable. With their residual symbolic power, quality journalism contributed to dialogical urban learning. Bob Hanke, a former a faculty member in the Department of Communication & Media Studies, York University, Canada, is currently an independent scholar living in Toronto.

Abstract: Teil 1: Einführung -- Teil 2: Zulässigkeit der Geschäftsmodelle de lege lata -- Teil 3: Rechtspolitische Überlegungen de lege ferenda -- Teil 4: Zusammenfassung der Ergebnisse -- Literaturverzeichnis.

Abstract: Der Terminus Legal Tech ist in der rechtswissenschaftlichen Debatte omnipräsent. Eine kontrovers diskutierte Erscheinungsform dieses schillernden Begriffs sind sogenannte Legal Tech-Portale. Diese richten sich nicht an professionelle Rechtsanwender, sondern unmittelbar an die rechtsuchende Bevölkerung. Gemein ist den Angeboten, dass für den Kunden individualisierte juristische Dienstleistungen erbracht werden. Die Arbeit setzt sich umfassend mit den verschiedenen, derzeit auf dem Markt befindlichen Angeboten auseinander. Sie beschränkt sich dabei nicht auf eine Untersuchung der Zulässigkeit de lege lata, sondern bewertet auch den bestehenden Rechtsrahmen und unterbreitet Vorschläge für Regelungen de lege ferenda. Der Autor Jonathan Och hat in Bayreuth und Glasgow (LL.M.) Jura studiert. Nach dem Referendariat in Frankfurt am Main und Promotion in Würzburg ist er seit 2021 Syndikusrechtsanwalt in München tätig.

Abstract: Einleitung -- Zulässigkeit digitaler Parteitage und digitaler Wahlbewerberaufstellungsversammlungen -- Zulässigkeit digitaler Bundestagssitzungen -- Zulässigkeit digitaler Sitzungen in kommunalen Vertretungsorganen -- Zulässigkeit digitaler Versammlungen bei juristischen Personen des Privatrechts -- Ergebnisse der Arbeit und abschließende Thesen.

Abstract: Markus Beil untersucht in diesem Buch die Zulässigkeit digitaler Versammlungen auf verschiedenen Ebenen. Einen Schwerpunkt bildet die Untersuchung, ob Parteitage sowie Aufstellungsversammlungen für Wahlbewerber digital durchgeführt werden könnten. Ebenfalls wird die Möglichkeit digitaler Bundestagssitzungen untersucht sowie die Zulässigkeit digitaler Sitzungen von kommunalen Vertretungsorganen. Zuletzt wird auf die Möglichkeit digitaler Gesellschafterversammlungen und die jüngst ergangenen Gesetzesänderungen eingegangen. Der Autor Markus Beil studierte Rechtswissenschaften an der Julius-Maximilians-Universität Würzburg und absolvierte sein Referendariat am Landgericht Heilbronn. Er war als Rechtsanwalt in einer internationalen Wirtschaftskanzlei in Stuttgart tätig. Derzeit absolviert Markus Beil ein LLM-Studium an der University of Stellenbosch in Südafrika.

Abstract: Einleitung -- Theoretische Perspektiven -- Empirische Befunde -- Normative Perspektiven.

Abstract: Strategische Kommunikation zielt mit ihren kontingenten Wirklichkeitsbeschreibungen seit jeher auf gesellschaftliche Wahrheitsmodelle. Wie häufig gesellschaftliche Wahrheitsmodelle auf strategische Kommunikationsbemühungen zurückgehen, auf Unwahrhaftigkeit beruhen und damit zumindest zeitweise zu strategischen Wahrheiten werden, zeigen eindrucksvoll zwischenzeitlich geglaubte Wahrheiten, die sich als Lüge entpuppt haben: von Walter Ulbrichts „Niemand hat die Absicht, eine Mauer zu errichten“ bis hin zu den Massenvernichtungswaffen im Irak. Die erfolgreichen Kampagnen der Brexiteers und von Donald Trump 2016 haben diesem Thema zu neuer und bislang ungeahnter Aufmerksamkeit verholfen. Während sich andere kommunikationswissenschaftliche Felder sehr früh mit den Themen Desinformation und postfaktische Gesellschaft beschäftigt haben, haben die deutschsprachige und internationale PR- und Organisationskommunikationsforschung diese Fragen auffällig lange ignoriert. Hier setzt der Band „Strategische Wahrheiten“ an. Die Beiträge dieses Bandes schließen einige der vorhandenen Forschungslücken, sie fokussieren auf neue theoretische Perspektiven, empirische Befunde und normative Bewertungen. Die Herausgeber*innen Dr. Olaf Hoffjann ist Professor für Kommunikationswissenschaft, insbesondere Organisationskommunikation und Öffentlichkeitsarbeit am Institut für Kommunikationswissenschaft der Universität Bamberg. Lucas Seeber ist wissenschaftlicher Mitarbeiter am Institut für Kommunikationswissenschaft der Universität Bamberg. Dr. Ina von der Wense ist wissenschaftliche Mitarbeiterin am Institut für Kommunikationswissenschaft der Universität Bamberg.

Abstract: 1. 1. Ecologies of IP openness -- 2. Die Bedeutung des Urheberrechts für offene Schaffensprozesse -- 3. Gedanken zum Gestaltungsspielraum im Urheberrecht -- 4. Der Schutzbereich des Urheberrechts – Ansätze einer Methode -- 5. Vom Monismus und Dualismus zum Trialismus im Urheberrecht -- 6. When the Robots (try to) Take Over: Of Artificial Intelligence, Authors, Creativity and Copyright Protection -- 7. When the Robots (try to) Take Over: Of Artificial Intelligence, Authors, Creativity and Copyright Protection -- 8. Translating Educational and Cultural Literary Works under Berne, Ius Cogens, and Linguistic Genocide -- 9. Lex generalis derogat speciali: may works of applied art have no artistic relevance? -- 10. The status of three-dimensional functional works post-Cofemel. An empirical analysis of the Member States’ case law -- 11. The protection of digital fashion creations -- 12. New Kid on the Block oder des Kaisers neue Kleider? – Was macht NFT-Kunstwerke so begehrenswert? -- 13. Kreatives Schaffen im Crypto Art Kosmos -- 14. Digital transformations and the moral right of the author -- 15. „Der Idiot“: Kleine und große Überforderungen des Aufführungsrechts -- 16. The Direct Remuneration Right for Authors and Artists: Germany as an example for Belgium? -- 17. A Primer on the New Remuneration Rights for Video-on-Demand in Switzerland -- 18. EXHAUSTION REVISITED – AND RECONSTRUCTED?- 19. Der fehlende Werkgenuss beim Text and Data Mining -- 20. Copyright Exceptions for Text and Data Mining: A Case of Specificity (Certainty) and Generality (Flexibility) -- 21. Die Bedeutung der redaktionellen Kontrolle beim Zugänglichmachen von audiovisuellen Inhalten in der Schweiz -- 22. Eigentumsmäßiger und systemisch-marktregulativer Schutz der Presse im Internet -- 23. The WIPO Broadcasting Treaty: A Draft Forever? -- 24. How much “freedom of contract” in EU copyright law? -- 25. UGC Creation and Dissemination – The Role of Platforms, Copyright Holders and the Court of Justicein Safeguarding Freedom of Expression and Information -- 26. Monitoring after “Poland” -- 27. The more, the merrier? Das Kumulationsproblem im geltenden und künftigen EU-Designrecht -- 28. PHILIPS v Lidl – A dispute about continued product design development -- 29. We Shall Not Cease from Exploration: Why Does IP Protection Harm Traditional Cultural Expressions -- 30. Rechtspsychologie im Alleingang -- 31. The Discursive Contributions of Max Planck Declarations, Principles and Position Statements -- 32. The Spider’s Thread: Considering “Justifying Intellectual Property” Based on the Standpoint of “A Philosophy of Intellectual Property” and “A Theory of Intellectual Property” -- 33. Stimulating creative endeavour – How well does intellectual property do it? -- 34. Ordre Public Exceptions for Algorithmic Surveillance Patents -- 35. Die patentrechtliche Erschöpfung bei eingebauten, aber deaktivierten Produktbestandteilen -- 36. In search of a time limit for the trade secret right.-37. Zwangslizenzen an Geschäftsgeheimnissen?- 38. Krise als Chance? – Zum Vorschlag für eine EU-Verordnung über Zwangslizenzen zur Krisenbewältigung -- 39. Innovation in times of conflict -- 40. Patents for Enabling Technologies: The Puzzle of the Normative Delineation of Protection -- 41. CAN TRIPS FOSTER SUSTAINABLE INNOVATION TO ADRESS GLOBAL CHALLENGES?- 42. The Role of Patent and Competition Law for Setting the Right Innovation Incentives for Europe’s Green Transition -- 43. Net-zero Emissions and Food Security: Using Patents to Promote Sustainable Innovation and Technology Transfer in the Food and Agriculture Sector -- 44. The Protection of Genetic Resources – Potential for Regional Cooperation -- 45. Injunctive relief in the UPC – A case for carefully limited flexibility -- 46. Patentwesen und Patentämter – Von Aufgaben und Anreizen -- 47. Who may file Patent Invalidation Trials in Japan?- 48. Civil Follow Criminal or Criminal Follow Civil Procedure as Model to Deal with IP Infringement: Asian vis-à-vis Western Approach -- 49. The interaction between exclusivity rights systems: A comparative view on patents and regulatory exclusivities -- 50. Inter- und Intradisziplinarität in der juristischen Forschung und Lehre -- 51. When Markets Fail A Sociological View on Market Failure -- 52. Fritz Machlup's "Legacy" -- 53. It Takes Two to Tango. Patents and Markets in the Periphery and the Centre. Prebisch Dancing with Hilty -- 54. Wettbewerbsorientierung im Immaterialgüterrecht -- 55. Intellectual Property Law and Meta-Regulation – An Introduction to an Interdisciplinary Challenge -- 56. Needs and Challenges of a Responsive IP System -- 57. Der (Alb)Traum vom ewigen Schutz Gedanken zur zunehmenden Flucht ins Urheber- und Markenrecht -- 58. Marktordnung durch Garantiemarken -- 59. Limiting the limits of Trademark rights: A Spanish perspective -- 60. Das Unionsschutzsystem für geographische Angaben Empirische Grundlagen und Reformperspektiven -- 61. The Promise of eAmbrosia? What’sin the Reform Package for EU Geographical Indications -- 62. The protection of geographical indications through FTAs and the collision with prior user rights -- 63 -- Lessons from Intellectual Property Law for Designing Modern EU Data Law -- 64. Zum Proprium der Immaterialgüterrechtswissenschaft: Lehren aus der Odyssee des EU-Datenbankherstellerrechts -- 65. Quis Custodiet IP-sos Algorithmos? -- 66. Data Access Rules and Protection of Technological Protection Measures in the EU. A Wave of Propertisation of Information -- 67. Japanese Big Data Protection as a Part of a Different AI Strategy -- 68. Deceptively Green: How the EU’s Unfair Commercial Practices Directive Can Support Trademark Law in Combating Corporate Greenwashing -- 69. Unfair Commercial Practices, Digital Asymmetry and Reversal of Burden of Proof -- 70. Zur besonderen Verantwortung marktbeherrschender Unternehmen -- 71. Competition law and market regulation – Standards to avoid antitrust overstepping -- 72. Dealing with de facto powers in an algorithmic environment -- 73. Wettbewerbliche Gestaltungsmöglichkeiten bei dringlichen Zusammenschlussverfahren am Beispiel von UBS/CS -- Unterlizenz und verlängerte Werkbank: theoretische Überlegungen zu realexistierenden Phänomenen -- 74.Transplanting Equitable Remedies in Contracts governed by Civil Law? The Case of Clauses on Equitable Remedies in Intellectual Property License Agreements -- 75. Auswirkungen internationaler Sanktionen auf Vertragsbeziehungen.

Abstract: Reto M. Hilty hat im europäischen, deutschen und schweizerischen Immaterialgüterrecht tiefe Spuren hinterlassen. Aus Anlass seiner Emeritierung als Direktor des Max-Planck-Instituts für Innovation und Wettbewerb und als Professor ad personam an der Universität Zürich würdigen seine Freunde, Kollegen und Schüler sein Wirken mit dieser Festschrift. Die Bandbreite der Themen und die Vielfalt der Autoren spiegeln die Vielschichtigkeit der Tätigkeiten des Jubilars. Die Festschrift enthält Beiträge zu Grundsatzfragen des IP-Rechts, zum Patent-, Urheber-, Design- und Markenrecht, zum Schutz von Geschäftsgeheimnissen, zum Recht der geographischen Herkunftsangaben sowie zum Kartell- und Lauterkeitsrecht. Ein Schwerpunkt liegt auf den Herausforderungen der Digitalisierung, insb. auf dem Umgang des IP-Rechts mit Daten und Künstlicher Intelligenz (KI). Reto M. Hilty has left a deep mark on European, German and Swiss intellectual property law. On the occasion of his retirement as Director of the Max-Planck-Institute for Innovation and Competition and as Professor ad personam at the University of Zurich, his friends and colleagues pay tribute to his work with this Festschrift. The range of topics and the variety of authors reflect the impressive spectrum of Reto’s activities. The Festschrift contains contributions on fundamental questions of IP law, on patent, copyright, design and trademark law, on the protection of trade secrets, on the law of geographical indications as well as on antitrust and unfair competition law. One focus is on the challenges of digitalisation, in particular on how IP law deals with data and artificial intelligence (AI).

Abstract: Transformations: An Introduction to this volume and reflections on uniform law conventions as public and private law -- Part One – European framework – the world we live in -- Six Very Strange Years -- Brave New World: Dispute resolution under the EU – UK Trade and Cooperation Agreement -- Brexit and Arbitration Agreements -- Transnational commercial litigation. Discussing the 2020 Model Rules and the 2019 Hague and 2018 Singapore Conventions -- Style and Form of Judgments in France : enter the Rapporteur public -- The Norwegian Concept of “Room for Manoeuvre”: A Nail in the EEA’s Coffin -- The Reach of Free Movement: The Right to Export Sickness Benefits Within the European Union and the European Economic Area -- Part Two– Transformations in public international law -- General Principles of Law in International Law and Common Law -- The Chorzow Factory Case and the Protection of Industrial Property under International Law -- Settlement of disputes by the International Court of Justice: twosouls in the Court’s breast -- A Developing Field of Activity: Reparation for Breaches of Human Rights in the Case Law of the International Court of Justice -- The jurisprudence of the International Court of Justice between utilitas publica and utilitas singulorum (1947-1962) -- The Factory of Chorzów case: a bridge between international law and private law -- Part Three – Transformations in private law – method and public policy -- Fundamental rights, freedoms and contract law. Comparing legal systems -- Poverty in the capitalistic legal order -- Hayek in Brussels. Uniform Private Law and neo-liberal orthodoxy -- Another Europe after the pandemic? Reflections on solidarity and the nature of private rights -- Ruling economic contractual relations: the predictability of pandemics and of their implications -- Part Four – Transformations in contract law -- The developing role of good faith and the emerging concept of a relational contract -- Trust and the (EU) Capital Market. Theory and Case Studieson a New Mesotes in Business Law -- The fiduciary entrustment contract -- Spunti di riflessione in tema di diligenza e autonomia privata nel diritto privato italiano -- La prudenza come paradigma conoscitivo nei sistemi di civil law: l’influsso sulla formazione del giurista -- Europe needs a true business law. What does that mean? -- Some Reflections on the Nature of Decentralized (Autonomous) Organizations -- Contract automation from telematic agreement to smart contracts -- Some considerations for research on the sale of movable goods -- The French Model and the Development of Authors’ Rights -- The control of contract power and standard terms in Italy and Canada: a comparative overview -- Part Five – Transformations in tort law -- Forty Years of travels in the province of the law of tort. A memoir -- Damages and Benefits: new rules for the Compensatio Lucri cum Damno doctrine -- A Flower Never Blossomed: The Overshadowed Silhouette of Privacy in the Realm of the English Law of Tort -- Artificialintelligence and liability: the strategy of the European Union -- Damages liability caused by robot and artificial intelligence: a question of safety -- Artificial Intelligence And Tort Liability -- Part Six – Transformations in EU law – tort, remedies and interventions -- The EU, the Member States and Damages Liability -- Supervisory liability for surveillance failure in the EU financial system -- EU Financial Regulation and Private Law: Towards a Holistic Approach -- The remedies of retail clients of investment firms in the light of the decisions of the Italian Financial Ombudsman -- Consumer protection extended to commonholds in the view of the Court of Justice of the European Union -- Financial resilience issues in agriculture -- Part Seven – Digitalised world – assets, privacy and party autonomy -- International Regulatory Competition in Crypto Finance and Comparative Discussions -- The role of the EU Court of Justice in relation to the European law on eCommerce and liability of Internet Service Providers -- Smart contracts in the financial sector: Fintech's prospects and risks -- Legal protection of the human personality and the emergence of digital identity. The case of Italy -- A Multifaceted Issue Called “Big Data”: Different views on Privacy, Consumer Protection and Free Trade in Search for a Synthesis -- Data and Territory. The impact of the “local” in the regulation of digital technologies and algorithmic decision-making -- Informed Consent in Italian Digitalized Insurance Contracts. From the Privacy Shield to Schrems II.

Abstract: Eminent lawyers from academia, international judiciary and legal practice join up to honour Professor Mads Andenas KC (Hon). Contributions form a cutting edge volume across legal disciplines led by an advisory editorial committee including Prof. Guido Alpa, Prof. Carl Baudenbacher, Prof. Eirik Bjorge, Prof. Giuseppe Conte and Prof. Duncan Fairgrieve. The general private law of tort and delict is subject to a transformation where the traditional national framework is becoming gradually less relevant. Much of the modernisation of private law takes place not at the domestic level but at a European or international level such as in international commercial conventions or EU consumer protection legislation. Remedies in regulatory law are becoming ever more important. The role of the European Court of Justice in developing general principles of contract and tort is ever increasing. Tort liability is an important subject of international conventions with the case law of the International Court of Justice developing general principles of tort liability in public international law.

Abstract: PART I: Sustainability Objectives in Competition Law -- Sustainability and Competition Law: an International Report -- Sustainability and Competition Law in Austria -- Sustainability and Competition Law in Belgium -- Sustainability and Competition Law in Brazil -- Sustainability and Competition Law in Czech Republic -- Sustainability and Competition Law - A French Perspective -- Sustainability and Competition Law in Germany -- Sustainability and Competition Law in Hungary -- Sustainability and Competition Law in Italy -- Sustainability and Competition Law in Malta -- Sustainability and Competition Law in Switzerland -- Sustainability and Competition Law in United Kingdom -- PART II: Sustainability Objectives in Intellectual Property Law -- Sustainability and Intellectual Property in Austria -- Sustainability and Intellectual Property in Brazil -- Sustainability and Intellectual Property in Germany -- Sustainability and Intellectual Property in Hungary -- Sustainability and Intellectual Property in Italy -- Sustainability and Intellectual Property in Malta -- Sustainability and Intellectual Property in Sweden -- Sustainability and Intellectual Property in Switzerland -- Sustainability and Intellectual Property in United Kingdom.

Abstract: This open access volume of LIDC contributions focuses on how competition and intellectual property laws incorporate sustainability objectives. Businesses are increasingly embracing sustainability objectives, driven by the international community. Although competition and intellectual property law are certainly not the only tools for addressing sustainability issues, they can play a role in moving toward a more sustainable society. Sustainability has gained prominence in competition law in all jurisdictions covered in this volume. The contributions focus on classic questions such as whether sustainability agreements restrict competition and, if so, to what extent businesses can be exempted on efficiency grounds. The papers also raise a number of questions, in particular concerning the treatment of non-market efficiencies. The soft law and case law produced by competition authorities are examined, and the leadership role of some competition authorities in the field – from advocacy to policy papers and sustainability guidelines – is highlighted. The authors call for more individual guidance to provide enhanced transparency and clarity to industry, advisors and society at large on sustainability issues, with guidelines or sustainability-related block exemptions providing even greater legal certainty. With regard to intellectual property, the contributions examine various important issues, such as the need for intellectual property rights to remain technology-neutral, ways to promote the use of sustainable technologies and incentives for licensing, and ways to promote the dissemination of sustainable technologies, including compulsory licensing, cross-licensing, open source or FRAND licensing, and replacing the destruction of counterfeit goods with recycling. The papers also discuss greenwashing and how it can be addressed through revisions to trademarks and related rights.

Abstract: Environmental Issues and Global Media: Critique, Analysis and Discourses -- Environmental activism: Historical Review, Development and Expansion -- We the People: Role of Democracy in mitigating Global Climate Change and Raising Environmental issues -- Democracy, Global Climate Change and Raising Environmental issues -- Role of Global Media and Social Media in Raising Environmental Issues -- Communication for Climate Change and Development: Efforts for Building Climate Resilient Communities -- Environmental Activism: Local to Global -- Construction of Environmental Activism in the Digital Age: Challenges and Opportunities -- Media and Environmental Activism: Growth Parameters and Agenda Building in Indian Context -- Environmental Activism in India: Past, Present and Future -- Environmental issues and Mass media: A democratic approach to mitigate global climate change with emphasis on North-East India -- Green washing and the media: The case of Israel -- African Eco-Philosophy as a viable Paradigm for Environmental Media Activism in the 21st century -- Climate Activism in Regional Green Cinemas: A Study in the Indian Context -- From Metaphors of the Forest to Obscurity of Hashtags: Reading Richard Flanagan’s The Living Sea of Waking Dreams -- International Governance and Environmental Activism.

Abstract: This scholarly work discusses the historical, contemporary, and prospective dimensions of environmental activism and its intersection with global media. It provides a comprehensive view of the pivotal role played by the media in shaping awareness concerning environmental challenges and catalyzing actions to address them. Drawing upon the insights of an interdisciplinary cohort of scholars, the book systematically examines the diverse aspects of the nexus between media and environmental activism. Chapter contributions establish the foundational framework for comprehending how media as a whole lend support to activism; delineate the historical trajectory of environmental activism; the construction of narratives within the political, economic, and social domains of society; scrutinize the function of mass media within the context of globalization, digitization, and social media; and elucidate how governance structures influence the environmental activism process. By introducing readers to the basic narrative in environmental activism, globalization, and media, this book will be an important source of information for researchers, academicians and students engaged in various interdisciplinary studies linked to media, environment and activism.

Abstract: Introduction by Eduardo Gil Pedro and Andreas Moberg -- Part I: AI Regulation in the EU – The Future Interplay between Frameworks by Béatrice Schutte -- The AI Act’s Research Exemption: A Mechanism for Regulatory Arbitrage? by Liane Colonna -- Part II: Governance of AI or Governance by AI: Limits, New Threats, and Unnegotiable Principles by Migle Laukyte -- A Horizontal Meta-effect? Theorizing Human Rights in the AI Act and the Corporate Sustainability Due Diligence Directive by Mika Viljanen -- Everybody Wants to Rule the World. The Relevance of the Rule of Law for Private Law, in the Context of Algorithmic Profiling of Online Users by Silvia Carretta -- AI and Automation by Claes Granmar -- Part III: Algorithmic Hiring Systems: Implications and Recommendations for Organisations and Policymakers by Jason D. Schloetzer and Kyoko Yoshinaga -- AI Gender Biases in Women’s Healthcare: Perspectives from the United Kingdom and the European Legal Space by Pin Lean Lau -- The Role of AI in Mental Health Applications and Liability by Petra Müllerová -- Trustworthy Artificial Intelligence and Public Procurement by Isabel Gallego Córcoles -- AI and Sensitive Personal Data under the Law Enforcement Directive – Between Operational Efficiency and Legal Necessity by Markus Naarttijärvi.

Abstract: Artificial intelligence (AI) has the potential to radically transform our society. It may lead to a massive increase in the capabilities of humankind and allow us to address some of our most intractable challenges. It may also entail profound disruption to structures and processes that have sustained our society over centuries. These developments present a unique challenge to the socio-economic constitutional arrangements which govern our world at national, regional and international level. The deployment of increasingly powerful AI systems, able to function with increasing degree of autonomy, has led to concerns over loss of human control of important societal processes, over the disruption of existing economic, social and legal relationships, and over the empowerment of some societal actors at the expense of others, together with the entrenchment of situations of domination or discrimination. It has also made increasingly clear how tremendous the potential benefits, that these technologies may bring, are to those who successfully develop and deploy them. There is therefore great pressure on governments, international institutions, public authorities, civil society organisations, industry bodies and individual firms to introduce or adapt mechanisms and structures that will avoid the potentially negative outcomes of AI and achieve the positive ones. These mechanisms and structures, which have been given the umbrella term ‘AI governance’, cover a wide range of approaches, from individual firms introducing ethical principles which they volunteer to abide by, to the European Union legislating an AI Act, which will prohibit certain types of AI applications and impose binding obligations on AI developers and deployers. The fast pace of innovation in the development of AI technologies is mirrored by the fast pace of development of the emerging field of AI governance, where traditional legislation by public bodies is complemented with more innovative approaches, such ashybrid and adaptive governance, ethical alignment, governance by design and the creation of regulatory sandboxes. The chapter “AI and Sensitive Personal Data Under the Law Enforcement Directive: Between Operational Efficiency and Legal Necessity” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com. .

Abstract: Hans Steege, Ilaria Amelia Caggiano, Maria Cristina Gaeta and Benjamin von Bodungen, Introduction -- Christian Pek and Sanne van Waveren, Autonomous Vehicles – A Technical Introduction -- Part I – Africa: Jessica Anne Steele and Rakhee Dullabh, South Africa: Motor vehicle collisions liability regime applied to automated vehicles -- Part II – America: Mark A. Geistfeld, Civil Liability for Motor Vehicle Crashes in the United States: From Conventional Vehicles to Autonomous Vehicles -- Juan F. Córdoba-Marentes and Obdulio Velásquez-Posada, Self-driving cars regulation in Colombia -- Part III – Asia: Mingyan Nie and Yuan Shen, Autonomous Driving in China -- Antonios Karaiskos, Autonomous Driving and Civil Liability in Japan -- Thomas Hufnagel and Jaryl Lim Zhi Wei, En-route to a driverless city-state: Examining the current legal landscape for autonomous vehicles in Singapore -- Jeung-Jun Park and Jun-Kyu Ahn, Civil Liability Regime on Autonomous-Driving Vehicle Accident in Korea -- Part IV – Australia: Angelika Yates and Samuel Siskovic, Steering the transition to automated vehicles in Australia - Current status and regulatory changes ahead -- Part V – Europe: Orian Dheu, Jan De Bruyne, Peggy Valcke, Ilse Samoy, Autonomous Vehicles and Civil Liability in Belgium -- Benjamin von Bodungen and Hans Steege, Liability for automated and autonomous driving in Germany -- Lionel Andreu, The law applicable to autonomous cars driving in France -- Angela Fernández Arévalo and Juan Paplo Murga Ferández, Civil liability for damage caused by autonomous vehicles under Spanish law -- Maria Cristina Gaeta, Italian civil liability applicable to self-driving cars -- Eric Tjong Tjin Tai, Civil liability for self-driving cars in Dutch law -- Jörg Zehetner, Merve Cetin and Angelika Holzer, The Civil Liability for Self-driving Cars in Austria -- Vasile Luha, Dr. Bogdan Florea and Silvia Maican, Liability in the case of autonomous cars in Romania -- Anton Olsson and Karl Montelius, Autonomous vehicle andliability in Sweden -- Part VI – The United Kingdom: Felix Boon, Automated vehicle liability in Great Britain.

Abstract: In the automotive sector, digitalisation, connectivity and automation are rapidly expanding. In tomorrow’s vehicles, human beings will merely be passengers – which raises a host of complex legal issues regarding accidents involving self-driving vehicles. This book is the first to offer a comprehensive, global overview of civil liability regimes for all levels of vehicle automation in jurisdictions that represent some of the most important markets for the automotive industry. After a technical introduction to how self-driving cars work, the individual chapters analyse the liability for driving automation at SAE J3016 levels 0 through 5 from a country-specific perspective. All chapters were written by experts in the field and follow a uniform legal structure. Hence, the book offers an essential comparative analysis of similarities and differences in the jurisdictions examined, while also providing suggestions for future legislative changes at the national and international level. The book is not only relevant for legal scholars and practitioners but will also be of particular interest to anyone involved in the design, manufacture, distribution and operation of self-driving vehicles.

Abstract: Digitalization completely has transformed marketing. It has changed consumption habits, consumer behaviour, and purchasing processes. In addition, it has modified marketing strategies, tactics, and processes, offering a wide range of mechanisms that allow companies, of all types and sizes, to enhance their commercial actions.

Abstract: Cover -- The Impact of Digitalization on Current Marketing Strategies -- MARKETING &amp -- TECHNOLOGY: NEW HORIZONS AND CHALLENGES -- The Impact of Digitalization on Current Marketing Strategies -- Copyright Page -- Contents -- List of Figures and Tables -- List of Abbreviations -- List of Contributors -- Preface -- Acknowledgments -- 1. Strategic Implications of Chatbots in Marketing: Exploring Applications and Factors of Customer Acceptance -- Abstract -- 1 Conversational Artificial Intelligence and Chatbot: Definition and Brief History -- 2 Chatbot Types: From Rule-Based Chatbots to AI-Based Chatbots -- 3 Chatbot Market -- 4 Factors Affecting Acceptance of Chatbots -- 4.1 Technology-Related Factors: Anthropomorphism, Gender, Identity, and Emotional Design -- 4.2 Context-Related Factors -- 4.3 Users-Related Factors -- 5 Experiencing the Chatbot: Perceived Service Quality, Satisfaction, Trust, Engagement, Loyalty, and Personalization -- 6 Ethical Issues in Chatbot Implementation and Usage -- 6.1 Data Privacy and Cybersecurity -- 6.2 Algorithmic Biases -- 6.3 Human Replacement -- 7 Generative AI and the Revolution of NLP Technologies: New Opportunities and Strategic Implications for Businesses -- References -- 2. Sensorial Customer Experiences in Online Touchpoints -- Abstract -- 1 Introduction -- 2 Customer Experience in Online Touchpoints -- 3 Challenges of Triggering Sensorial Experiences in Online Touchpoints -- 4 How to Trigger Sensorial Experiences in Online Touchpoints -- 4.1 How to Trigger Sensations in Online Touchpoints -- 4.2 How to Trigger Sensorial Perceptions in Online Touchpoints -- 5 The Process of Triggering Sensorial Experiences in Online Touchpoints -- 6 Conclusions -- References -- 3. How to Create a Fave and Catch the Fake: Generative Adversarial Networks in Marketing -- Abstract -- 1 Introduction.

Abstract: "This book reconsiders media studies from different philosophical and theoretical perspectives from around the world. It brings together diverse views and visions from thinkers such as Jurgen Habermas, Ramachandra Gandhi, Jacques Derrida, Paul Ricouer, Pope Francis, and Satyajit Ray, among others. The authors focus on the issues of ethics, aesthetics, meditation, and communication in relation to media studies, and explore the links between media and mindfulness. The volume includes case studies from India, United States, Switzerland, and Denmark, and presents empirical works on new horizons of critical media studies in different fields such as American news media and creative media lab. A unique contribution, this book will be indispensable for students and researchers of journalism, communication studies, social media, behavioral sciences, sociology, philosophy, cultural studies, and development studies"--...

Abstract: 1. Introduction -- 2. CCI as concept and policy domain -- 3. Research perspectives on policymaking -- 4. CCI policymaking at EU level: an overview -- 5. CCI policymaking in Sweden -- 6. CCI policymaking in the EU and Sweden from a policy regime perspective -- 7. Integrated CCI policy – unrealistic or irrelevant?.

Abstract: This book traces the emergence and development of cultural and creative industries (CCI) policy in Europe in the last 25 years. Why and how CCI policy has been designed and implemented in Europe is a central question of the book, in particular with regards to negotiations and relations between policy actors across established policy domains. There are many policy publications and reports on best practice and general descriptions of how policy systems work, fewer describe policy development over time and from a comparative perspective. Drawing mainly on research in policy studies, this book aims to improve knowledge of the dynamics of cultural and creative activities as well as that of policymaking in a changing policy landscape and increasingly cross-disciplinary research frameworks. Katja Lindqvist is Associate Professor and Senior Lecturer at Lund University, Sweden. As Art Historian with a PhD in Business Administration, she researches and teaches in the field of arts management and has published texts on museum economy and competence development, entrepreneurship and the arts, public policy and governance, and other related fields.

Abstract: "A comprehensive and accessible introduction, this book examines a range of issues pertaining to theory, history, and critiques of media in Africa. Featuring contributions from global scholars, that represent both new and established voices on the African continent and the diaspora, this textbook explores themes of decolonization, media freedom, media censorship, identity, representation, pluralism, media framing, political economy of the media with emphasis on ownership, market trends, and transnational media operations in Africa. Contributors explore these and other topics across a variety of media tiers, types, genres and platforms. The book also features contributions from practicing journalists and media practitioners working in Africa, providing students with hands-on knowledge from the field. Chapters in this volume take an instructional approach with contributors engaging key concepts and related theories to explore the praxis of media in Africa through specific case studies. Each chapter concludes with suggested research questions, assignments, and discussion topics in order to further aid and enhance student learning. An essential text for students of media, communication, journalism, and cultural studies who are studying media in Africa, as well as those studying global media"--...

Abstract: This open access book traces the evolution of the European media landscape in the last 30 years, from 1990 to 2020. It is based on the theoretical classical hypotheses of regional media systems provided by Hallin and Mancini and at the same time puts them to test. The book further defines the proportions between geocultural patterns -- national, regional, European, and global -- to outline evolutionary trends in media landscapes. It analyzes to which degree European media have become more European, in the historical course of administrative unification and breaks the results down into concrete indexes and indicators. The book discusses the media systems of the member states of the European Union through a regional perspective, identifying similarities, differences, as well as their convergence in the digital age. It sheds light on the evolution of media systems in Europe, introduces existing relevant theoretical perspectives, and offers an overview of the new developments in European media. The book will appeal to students, researchers, and scholars of political science, communication, media, cultural, and policy studies, as well as practitioners and professionals interested in a better understanding of the European media landscape's evolution.

Abstract: Introduction -- Medical research and data protection in Europe. The emergence of general legal principles -- Part I Syllabus of the burning questions -- Anonymisation (Part I) ‘What is the state-of-the-art of anonymisation in data-driven health research and its role in the “European Health Data Space Regulation”?’ -- Anonymisation - The trap for biobanking (Part II) ‘Why the anonymisation could be a trap for the biobanking activity? Can there really be anonymisation in the research biobanks?’ -- Applying national law in cross-border research activity ‘Which national law should be applied in cross-border research activity in the local implementation of GDPR?’ -- Archived tissue ‘What is the potential use for research under GDPR for archived tissue specimens obtained in a diagnostic or therapeutic pattern?’ -- Blockchain and dynamic consent ‘Can the blockchain realise proper support for dynamic consent?’ -- Brexit effects ‘What are the “Brexit effects” on the exchange of data and biological samples with the UK?’ -- Broad consent ‘Do patients have to be informed about the concrete research projects for which their data and biosamples are to be used? Is so-called broad consent adequate?’ -- Cloud ‘How is it possible to exchange research and personal data using the cloud without being a danger to patients?’ -- Consent requirements ‘What are the terms and conditions of informed consent?’ -- Consent and assent by children ‘Management of assent and consent by children. What should be done when they reach the appropriate age: Obligations and recommendations?’ -- Consent & Technology ‘Is dynamic consent the solution or can an interactive website solve the problem of consent?’ -- Consent from children and vulnerable people ‘What protection is provided to people who are not able to give consent or are restricted in their ability to give consent, for example, children or people with disabilities?’ -- Consent withdrawal ‘What is the procedure if consent will later be withdrawn?’ -- Covid-19 ‘Are the rules of the GDPR on scientific research - if correctly applied - able to guarantee personal health data in the context of Covid-19 research activities?’ -- Dynamic consent ‘According to sentence three of recital 33, persons whose data are to be stored for future research projects should be given the opportunity to provide their consent to only certain areas of research or parts of research projects to the extent permitted by the purpose pursued. How can this be realised?’ -- Ethics committees ‘To what extent are ethics committees relevant for the activities of the biobank?’ -- Ethic & Biobanks ‘What are the steps needed to implement bioethical issues in a population-based and disease-based biobank?’ -- Ethical principles and legal provisions ‘What ethical principles apply to biobanking activities?’ -- EU legislation and health data protection ‘For the processing of medical personal data in biobanking activities, is the GDPR the sole reference legislation in the EU?’ -- Forensic databases (Part I) ‘Forensic use of research biobanks: How does the GDPR regulate the issue?’ -- Forensic databases (Part II) ‘How does EU law address issues concerning access for forensic purposes to research biobanks?’ -- Future research ‘How to deal with the problem that future research may often not be able to be defined in narrow and specific terms, as it depends on the current state of research?’ -- Genetic data ‘What are the ethical–legal consequences entailed in the exceptional nature of genetic information?’ -- Granularity ‘When processing personal data and biological material in research activities, is it possible to derogate from the general rules and, in particular, from the rule of granularity of consent?’ -- Imaging biobank ‘What are the areas of the GDPR bearing on an image biobank?’ -- Industry perspective ‘Contracting in the light of the GDPR: What are the key considerations for transfers of biosamples and data from an industry perspective?’ -- Joint controller agreement ‘What is the function of the joint controller agreement in sharing personal data with a large research consortium or biobank infrastructures?’ -- Legitimate interests ‘Are legitimate interests lawful grounds for processing retrospective health data and tumour tissue?’ -- Ownership of human biological material ‘To whom does the “ownership” of the human body and its parts belong? Who has the right to dispose of it and for what purpose?’ -- Paediatric biobanks (general overview) ‘How to tackle the protection of personal data and other ethical issues in a paediatric biobank? -- Public Interest Who decides on the existence of a public interest?’ -- Rare diseases and data protection (Part I) ‘How to enable research on rare diseases while protecting personal data?’ -- Rare diseases and legal, ethical, technical and societal needs (Part II) ‘Why are biobanks and research networks able to support data protection issues in rare disease research?’ -- Rare paediatric diseases ‘Does the GDPR support dynamic consent/assent strategies for rare paediatric diseases?’ -- Residual material ‘What applies to the processing of residual material with its associated data? Is explicit consent required for this?’ -- Retention time - conservation of personal data (Part I) ‘How long can personal data be stored in a biobank?’ -- Retention time - conservation of tissues (Part II) ‘How long can tissues be stored in a biobank?’ -- Retrospective research ‘Is the use of broad consent for retrospective research on data and tissue possible in the framework of GDPR?’ -- Scientific research and the biomedical sector. Requirements and methods for planning and managing a “data protection by design” project. ‘How can a scientific research project be planned and managed to comply “by design” with GDPR?’ -- Secondary use (Part I) ‘What does secondary use mean for research using tissue specimens obtained in a diagnostic or therapeutic setting, in the light of the GDPR?’ -- Secondary use and dual use of biomaterial samples (Part II) ‘Does broad consent include the reuse and dual use of biomaterial samples and their associated personal data?’ -- Transfer of the personal data for research purposes towards non-EU countries ‘How is it possible to transfer personal data for research purposes to non-EU countries? -- Users ‘Who are the users in the context of biobanks? What are the factors to consider when dealing with the human component?’ -- Part II Biobanking legal and ethical requirements across Europe: National reports (in alphabetic order) -- Instead of a preface Towards regulation for the European health data research: A comparative analysis -- National report: Austria -- National report: Belgium -- National report: Bulgaria -- National report: Croatia -- National report: Cyprus -- National report: Czech Republic -- National report: Denmark -- National report: Estonia -- National report: Finland -- National report: France -- National report: Germany -- National report: Greece -- National report: Hungary -- National report: Ireland -- National report: Italy -- National report: Latvia -- National report: Lithuania -- National report: Luxemburg -- National report: Malta -- National report: Netherlands -- National report: Poland -- National report: Portugal -- National report: Romania -- National report: Slovakia -- National report: Slovenia -- National report: Spain -- National report: Sweden -- National report: United Kingdom -- Conclusion.

Abstract: The book deals with the effective operation of the rules related to biomedical research and pays attention to the activities of the national legislatures of the 27 Member States in the field of scientific research. This multilevel system has an impact on biobanking activity. The book answers questions realized by operators on the main biobanks around the EU in the field of GDPR. The authors and editors used the questions born from brainstorming among members of the Association European, Middle East & Africa for Biopreservation and Biobanking (ESBB) to offer to the operators in biobanking activity and researchers quickly answer to their daily questions, but with authors highest quality. Further the book provides a comprehensive review of the rapidly expanding field of biobanking. It provides researchers and scholars working on biobanking and bio-sharing and more in general in the university hospitals and clinical trial consortiums, and companies, biomedical researchers, but also jurists and the professionals (in particular judges, lawyers, officers) an instrument rigorous but easy to use of the GDPR in the case of biobanking activities. The book identifies a methodological path to tackle the legal or ethical problem on a specific scientific-technological to verify existing solutions and give ideas for future applications. The importance of the legal solution influences the implementation of the development of the biobanking activity service itself.

Abstract: "This edited volume examines the current challenges to media freedom and democratization in the Middle East. The book revisits the relationship between media consumption and activism in the region, providing thorough analyses on the appropriation of social media for political engagement. Since the outburst and spread of what was known as the 'Arab Uprisings' in 2010, the political and media landscapes in the Middle East and North Africa region have changed dramatically. The initial hope of democratic change and governance quality improvements faded, as several regimes in the Middle East have strengthened their repressive tactics toward voices deemed critical of governments' practices, including journalists, bloggers, and activists. This book examines current challenges to media freedom, political participation and democratisation in the region while reassessing the dynamic relationship between media use and political engagement, amidst a complex political environment accompanied by a rapidly changing media landscape. The book's relevance will appeal to varied audiences, such as scholars and students of journalism, communication, political science, and Middle Eastern studies. It will also prove to be an invaluable resource for organizations dedicated to the research of political communication, media freedom and use patterns of non-traditional, or new, media"--...

Abstract: Chapter 1. Introduction -- Chapter 2. Reimagining Privacy in the Face of Modernism -- Chapter 3. Asking for Data Rights in The Castle -- Chapter 4. Resisting Cinematographic Mechanism -- Chapter 5. Reappraisal.

Abstract: The book offers a provocative review of thinking about privacy and identity in the years encompassing and disrupted by the two world wars of the first half of the twentieth century – focusing (in particular) on the socio-technological transformations associated with modernism. It argues that, with many of the most interesting modern thinkers of the period dead or marginalised (or both) by 1948, their ideas about how rights such as privacy should develop to accommodate the exigencies of modern life failed to find much of a voice in the drafting of the Universal Declaration of Human Rights. Yet they anticipated in surprising ways some of our ‘new’ ways of thinking in more recent times. After a brief introduction, the chapters are framed in terms of case studies on the right to privacy, the right to data protection and the right to be forgotten, each finishing with a consideration of how these rights require further rethinking in the digital century. .

Abstract: Organizing-for-innovation -- The board of directors as a missed opportunity -- Mobilizing institutional investors -- Corporate venturing strategies to foster innovation -- Corporate governance and new technology -- Blockchain and the disruption of the corporation -- The future of the corporation -- Regulation tomorrow. .

Abstract: This book argues that large corporations need to implement governance practices and processes that make them better innovators and that the challenge is to identify organizational principles and practices that provide the best chance of delivering innovative products to create a meaningful consumer experience. In this context, it is important to recognize that when we address organizational forms, we are not thinking of corporate governance in the sense of managing agency costs and ensuring regulatory compliance, but the more pressing business task of putting in place organizational systems and processes that facilitate value creation through continued and sustained innovation. The book examines how the contemporary concept and discourse of corporate governance may be obsolete or, at least, is increasingly disconnected from the needs and realities of the most innovative firms today. The concept of organizing for innovation—identifying process and practices that deliver the best opportunities for innovation—needs to take centre stage. This book aims to contribute to the nascent debate in this area by bringing together a series of chapters that examine various issues related to organizing for innovation.

Abstract: Part I: Antitrust in Data Driven Markets -- International Report -- Australia -- Austria -- Belgium -- France -- Germany -- Hungary -- Norway -- Switzerland -- United Kingdom -- Part II: Legal Framework for Influencers, Native Advertising and Control over the use of AI in Marketing -- International Report -- Austria -- Brazil -- Germany -- Hungary.

Abstract: This book gathers contributions from a broad range of jurisdictions, written by practitioners and academics alike, and offers an unparalleled comparative view of key issues in competition law, intellectual property and unfair competition law, with a specific focus on the use of personal data. The first part focuses on the role of competition law in shaping the digital economy. It discusses the use of personal data, the market power of platforms, the assessment of free services, and more broadly the responsibility of dominant companies in the smooth functioning of the digital economy. In turn, the second part sheds light on how the conduct of influencers, native advertising and the use of AI for marketing purposes can be controlled by the law, focusing on the use of personal data and the impact of behavioral advertising on consumers. In this regard, the book brings together the current legal responses across a number of European and other countries, all summarized and elaborated on in the form of two international reports. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

Abstract: The Right to Research in Africa: An Overview of the Context and Issues for Consideration -- Research and the Copyright Challenge to Access to Information in Africa -- Distilling the Right to Research from International and Regional Human Rights Frameworks -- Sampling the Right to Research in National Constitutions and Bills of Rights in Africa -- The Right to Research: Is it Necessary and Justifiable in the African Context?.

Abstract: This book formulates a human right to research in Africa based on an in-depth examination of the available international and regional human rights instruments as well as those relevant to the national contexts of African countries. The imbalances in the African copyright ecosystem regarding access to information for research and education became painfully apparent during the COVID-19 pandemic. African libraries and knowledge curators found themselves ill-equipped to perform their role of enabling access to information. As teaching, learning and research are increasingly done on digital platforms, learners and researchers continue to grapple with the challenges of accessing materials owing largely to the protection of these resources under copyright law. Access to information, which is needed in order to exercise the right to science and culture, faces a significant challenge posed by the exercising of exclusive rights by copyright owners without a legal mechanism that properly balances copyright from a human rights perspective. To achieve such a balance, there is an urgent need to revise the African copyright system from the perspective of human rights law. Can it be done by establishing a human right to research? In view of the existing broad freedom of expression, and the right to science and culture, education, and property in global, national and regional human rights regimes, is a specific right to research in Africa necessary and justifiable? If so, what should its minimum core components be? Are there international and national regimes already in place that could support the formulation of a human right to research in Africa? This book offers a valuable resource for law- and policymakers in the fields of copyright and human rights, judges, lawyers, public interest groups, researchers and students, librarians and authors, as well as the general public.

Abstract: 1 Introduction -- 2 Technology -- 3 Formation of contracts -- 4 Interpretation and balance of power -- 5 Vitiating factors -- 6 Private International law -- 7 Conclusion.

Abstract: Blockchains and smart contracts are emerging technologies that pose unique challenges for legal systems. This book outlines the extent to which these new and innovative technologies could have potentially disruptive effects on contract law in Europe. It does so through a comparative, three-part analysis of the recognisability and effects of smart contracts in European legal systems. First of all, in light of the technologies’ transboundary nature, the book employs a comparative approach, considering French law, German law, English law, and Dutch law to analyse the impact on the different systems of contract law. While doing so, it also addresses the formation, interpretation, and vitiation of contracts. Secondly, it analyses the impact of these technologies on European laws regarding unfair terms in consumer contracts and argues that the existing rules should be applied to smart legal agreements in business-to-consumer relations. Lastly, it analyses the current European rules of private international law on the basis of which jurisdiction and applicable law are developed. In this respect, the book concludes that the vast majority of these European rules are “smart contract-proof”.

Abstract: Chapter 1 -- Introduction. Chapter 2 -- Competition Law, Economics and the 'More Economic Approach' – the Necessity of a Broader Perspective. Chapter 3 -- Effects and Article 101 TFEU. Chapter 4 -- Effects and Article 102 TFEU. Chapter 5 -- Particularities of the Digital Economy. Chapter 6 -- Competition Cases in the Digital Economy. Chapter 7 -- Conclusions.

Abstract: This book offers an in-depth legal analysis concerning the notion of restrictions of competition, be it by object restrictions according to Article 101 TFEU or prima facie abusive practices treated according to the form-based approach under Article 102 TFEU. Although extensive research has been conducted on the notion of object infringements of competition, there is no systematic review of this topic covering both competition provisions, namely Articles 101 and 102 TFEU. This book fills that gap by providing an extensive analysis of the relevant case law, while also covering new phenomena stemming from the digital revolution and its impact on the functioning of traditional markets. In this regard, particular attention is paid to the concept of prima facie infringements and the analysis necessary for their successful establishment. Object restrictions and object abuses are not infringements per se in the sense that they can be established in the abstract and without consideration of the actual legal and economic context (context analysis) within which a measure is implemented. Hence, the indispensable context analysis is informed by the potential economic effects of a given measure. Examining the changes regarding the economic reality and how markets work in the digital economy, this book makes a valuable contribution to the current debate about whether our competition law toolkit is fit and proper to deal with the challenges posed by digitalization. The author argues that while there is a coherent framework covering both Treaty competition provisions as regards object restrictions of competition, the increased use of an actual effect analysis and thus the concept of a restriction of competition by effect represents an underestimated (and underused) weapon for combating measures that are ambivalent from a competition law perspective as regards their (anticompetitive or non-detrimental) nature in a digital economy.

Abstract: Introduction: Setting the Scene on EIO and the Interaction between Law and Technology -- EU Legislation on EIO and Its Implementation in the Member States -- EU Initiatives on the Implementation of the EIO -- The Challenging Path towards the Establishment of the EU Legal Framework Regulating Cross-border Access to Digital Evidence -- Evidence Exchange under the EIO: Technological Challenges -- e-CODEX: A Secure Infra-structure for Cross-border Cooperation -- e-Evidence Digital Exchange System (eEDES) -- Evidence Exchange Standard Package: An Application CASE Ontology Complied for the Preparation of the Evidence Package and Its Exchange -- Legal Framework for Digital Evidence Following the Implementation of the EIO Directive: Status Quo, Challenges and Experiences in Member States -- Data Protection and European Investigation Orders -- Different Perspectives on EIO -- Training on EIO: Overview of Training Courses in the EU -- Training on EIO: TREIO Project.

Abstract: In the era of globalisation, cross-border crimes are becoming increasingly common. The nature of these crimes is complex, and cross-border evidence exchange is, therefore, crucial to the successful prosecution of these offences. The exchange of evidence between countries can provide invaluable assistance in solving crimes that have an international dimension. The European Investigation Order (EIO) allows judicial authorities to request evidence more quickly and easily than via traditional instruments. The EIO has become the primary legal tool for gathering trans-border evidence, replacing the traditional Mutual Legal Assistance (MLA) conventions previously used. However, the EIO is not the only pertinent legal instrument for cross-border evidence gathering within the EU. Accordingly, professionals need a clear understanding of this subject. Exchanging evidence among judicial authorities in the EU Member States presupposes two essential components. First, there must be a secure communication channel. This is provided by e-CODEX, which offers a European digital infrastructure for secure cross-border communication in the field of justice. Recently (May 30th, 2022), the e-CODEX system became the digital backbone of EU judicial cooperation in civil and criminal matters on the basis of Regulation 2022/850. To achieve effective evidence exchange via EIO/MLA legal instruments, there must also be a communication tool. This is provided by the e-Evidence Digital Exchange System, which is capable of managing any EIO/MLA procedures/instruments, from the e-Forms (EIO Annexes) to the whole business logic, on the basis of the e-CODEX system. Finally, it is essential to use a uniform standard for the representation of evidence data and metadata, so as to streamline the process and make investigations more effective, in particular when it comes to complicated criminal cases where it is key to find either correlations among different cases or to extract multiple types of data from the same inspection. The importance of cross-border evidence exchange in criminal matters cannot be overstated. This book addresses all the above-mentioned aspects, offering an up-to-date overview of scenarios in cross-border judicial cooperation from both juridical and technical standpoints.

Abstract: Chapter 1. Overview -- Chapter 2. The Making of the Internet Treaties -- Chapter 3. Making of DMCA (U.S. Implementation Legislation) -- Chapter 4. New Technologies Unleash Creative Destruction -- Chapter 5. The Making of EUCD and Its Transposition into National Laws of Member States -- Chapter 6. The Making of Canadian Implementation Legislation -- Chapter 7. Making of the Indian Implementation Legislation -- Chapter 8. The Romance of the Public Domain -- Chapter 9. Social Production and Distribution of Content -- Chapter 10. User Generated Content and Users’ Rights -- Chapter 11. New Intermediaries and Their Regulation -- Chapter 12. WIPO’s Policy Environment and Performance (1997-2021).

Abstract: The book explores the WIPO journey so far and looks at how relevant the treaties are in contemporary world after 25 years of their existence. It revisits the WIPO Diplomatic Conference, narrates briefly how the Internet Treaties came into being, describes all the developments germane to the Internet Treaties over the last twenty-five years and examines at length how well these treaties withstood the creative gales of destruction having a bearing on the production, distribution and consumption of digital content. The retrospective consists of two parts. The first part looks back at the conference, its course of events, its negotiation dynamics, the doctrinal differences and sharply conflicting economic interests underlying the stands taken by the main parties to negotiations and the national and transnational interest groups that sought to influence the negotiation process and outcomes. The second part reflects on the outcomes and assesses with the wisdom of hindsight, how appropriate the outcomes were and how well they withstood the passage of time. This second aspect is the main focus of this book. The retrospective is limited to the digital agenda of DipCon; but for the digital agenda, the DipCon is convened so soon and the Internet Treaties concluded so fast. The book provides rich material for researchers studying the WIPO journey and also the practitioners by throwing light on discussions that led to a treaty that has in general withstood the trials of time. .

Abstract: Chapter 1 – Introduction -- Chapter 2 – An overview of the protection of submitted test data -- Chapter 3 – The origins of test data exclusivity -- Chapter 4 – The protection of submitted test data and the TRIPS Agreement -- Chapter 5 – The globalisation of test data exclusivity -- Chapter 6 – Approaches to the Implementation of the Protection of Submitted Test Data -- Chapter 7 – The impact of test data exclusivity -- Chapter 8 – The Impact of Test Data Exclusivity on Measures for the Protection of Public Health -- Chapter 9 – Conclusion.

Abstract: This book considers the intellectual property protection of clinical test data that has been submitted to governments, in particular through test data exclusivity rights. It focuses on how these intellectual property rights first emerged in the early 1980s, how they have globalised over the past four decades, and what impact they have had upon access to medicine. This book makes a number of significant and original contributions to the literature around the protection of submitted test data. First, the book draws upon the theory of regulatory globalisation to provide an explanation of how intellectual property rights in submitted pharmaceutical test data have become nearly ubiquitous in the legal systems of most major economies. Second, through a comprehensive analysis and synthesis of provisions on the protection of submitted test data in free trade agreements, as well as a comparison of a range of national approaches to the protection of submitted test data, it reveals the broader global regulatory pattern that has given rise to these intellectual property rights. Third, by analysing data on drug approvals in the US, it provides an empirical insight into the impact of test data exclusivity in national pharmaceutical markets. Fourth, the book covers a number of developments regarding test data exclusivity that have occurred as a result of responses to the COVID-19 pandemic, both at the national level as well as at the World Trade Organisation (WTO). This book will appeal to academics researching the intersection of intellectual property and the life sciences, civil society activists working to promote access to medicines, and students (particularly those at the post-graduate level) studying the relationship between intellectual property and medicine.

Abstract: Part I: European Legal Order -- Market Access and Competition Rules of the EU – Was their Constitutionalization Based on a Judicial Error? -- Renewing the Van Gend Pledge – Continuity and Resilience in the Court’s Construction and Defense of the Supranational Character of EU Law -- Why is the Regulation of Enforcement through the EU so Difficult? -- Part II: Competition -- On the Political Nature of Competition Law -- Competition Law and Political Influence of Large Corporations – How Antitrust Analysis Can Capture the Link between Political and Economic Institutions That Affect Market Competition -- Cutting into Diamonds: Competition Law, IPR, Trade Secrets and the Case of ‘Big Data’ -- FRAND Declarations and the ‘Third-Party Effect’ – A Contract Law and Competition Law Perspective -- In Rem Effect of Licensing Declarations – Hanns Ullrich’s Traces in Recent Case Law -- Part III: Intellectual Property -- Mapping the Intangible Economy -- Exclusive Rights for a Purpose – Intellectual Property as a Framework Regulation of Innovation Markets -- From a Rights-Based to a Procedural Approach: Re-Purposing the Exercise of Intellectual Property Rights -- How to Stay Modern Feudalism? Comparing EU and US Methodologies in Containing Post-Sale Restraints by Way of IP Exhaustion -- Virtual Patent Networks and Their Network Effects -- The Public Interest in Compulsory Licensing: Examining the Complementarity Between IP and Competition Law -- Part IV: Data Economy -- Digital Sovereignty and Governance in the Data Economy: Data Trusteeship instead of Property Rights on Data -- Incentives for Data-Sharing as a Case on (Regulating) Knowledge Externalities -- Some Remarks on the Subjective Profiles of the EOSC Project, Especially from the Perspective of IP Law -- Part V: Artificial Intelligence -- Inventorship in the Age of Artificial Intelligence -- Artificial Intelligence and the Technicality Requirement of Patent Law -- Patent Infringement by Development and Use of Artificial Intelligence Systems, Specifically Artificial Neural Networks -- Part VI: Digital Media -- Copyright, News, and ‘Information Products’ under the New DSM Copyright Directive -- Media, Legal Tech and Modern Copyright Law German Lawyers in the Digital World -- Media Policy and Copyright in Europe: The Progressive Expansion of the Law for Broadcasters to Online Platforms -- Part VII: Biotechnology -- Gene Editing Technology Patents or Monopolization of Scientific Knowledge and Health Care? -- A Comprehensive Approach to Plant Variety Rights and Patents in the Field of Innovative Plants -- Part VIII: Global Market Order -- TRIPS through a Military Looking Glass -- A Transactional Approach to Intellectual Property -- Manufacturing for Export: A TRIPS-Consistent Pro-Competitive Exception -- Reductionist Intellectual Property Protection and Expansionist (and ‘Prodevelopment’) Competition Rules as a Human Rights Imperative? Enhancing Technology Transfer to the Global South -- Caught Between Post- and Neo-Colonialism – IP for Traditional Knowledge, Traditional Cultural Expressions and Indigenous Resources.

Abstract: This book traces the academic footprint of Hanns Ullrich. Thirty contributions revolve around five central topics of his oeuvre: the European legal order, competition law, intellectual property, the regulation of new technologies, and the global market order. Acknowledging him as a trailblazer, the book aims to capture how deeply Hanns Ullrich has influenced contemporaries and subsequent generations of scholars. The contributors re-iterate the path-breaking patterns of his teachings, such as his contemplation of intellectual property as embedded in competition, the necessity of balancing private and public interests in intellectual property law, the policies of market integration, and the peculiar relationship of technological advancement and protectionism. .

Abstract: Chapter 1. The New Digital Economy & Cross Border Data Flows Definition Personal Data. Chapter 2. Consent (adult-children) -- Chapter 3. Data Localisation & Storage Limitation -- Chapter 4. Controller, Processor, Data Protection Officer -- Chapter 5. Right to be Forgotten(deletion) -- Chapter 6. Cross Border Transfer -- Chapter 7. Impact Assessments -- Chapter 8. Data Portability -- Chapter 9. Breaches & Penalties -- Chapter 10. Cyber Security - Law -- Chapter 11. Cross Border Data Agreements & Conclusions. .

Abstract: The book has been authored by a highly regarded international legal scholar in commercial and private law. The book highlights how the legal landscape for in data protection, cross-border data flows and cybersecurity law is highly diverse and fragmented amongst all commonwealth countries. The book focuses on addressing the gaps in data, cybersecurity and national arbitration law of these countries. The aim of this book is to promote more engagement between commonwealth countries, to ensure they capitalise on the growing digital economy. Notwithstanding the above, the digital economy is rapidly changing the way we work and live. When coupled together cybersecurity and data law will be an important component of the future digital economy. They will both be integral to transnational trade and investment. That said, there will likely be disputes, and international arbitration can be an effective legal mechanism to resolve trade and investment disputes across the digital economy. On that basis, this book augments how the respective laws of commonwealth countries, along with the model data and cyber laws of the Commonwealth should be reviewed to minimise any legal divergence. This book provides a comparison and practical guide for academics, students, and the business community of the current day data protection laws and cross-border data flows among all commonwealth countries. .

Abstract: Preface -- Chapter 1. Minds, Moons and Cognition -- Chapter 2. Fluidity and Flow -- Chapter 3. Post – Dialectics -- Chapter 4. Flow and Firstness -- Chapter 5. Interludes - Changing Worlds Changing Words -- Chapter 6. The Non-Naïve-Natural -- Chapter 7. Plurality of the Natural -- Chapter 8. Rearguards of Subjectivity -- Chapter 9. Conversions Convert Us All.

Abstract: All knowledge is always a matter of change, as this book underlines. All knowledge links You and Me to Reality. This process of positioning cognition has become heavily influenced by conversion. Its cultural background is in this book named ‘the New Plural’: a worldview based on combinations of Analog, Digital, AI and Quantum understandings of reality. The New Plural, combined with in-depth observations on the Subject in new forms of knowledge formation, forms the background theme of the book. To understand the Subject as defined in past centuries, like Kant’s so-called ‘split ego’ or Voegelin’s ‘flow’, are outlined together with Husserl’s ‘phenomenology of ego-positions’. Today, one encounters the Subject transformed into a Self with other forms that replace the traditional Subject and its position. The dynamics of the Self are therefore broader than any Selfie can picture. What the book calls ‘the Self in digital culture’ and for what it introduces the name Self-E, is therefore essential for a semiotic observation of all actual patterns and practices of communication. The decentering of the Subject changed human cognition. The book introduces ‘The 3-S Triad’ (composed of the ‘Subject–Self–Self-E’), which has taken the place and functions of the classical Subject and its dynamics. Cognition has assumed a different position in the heart and mind of every human being. At the same time, the influence of ‘The New Plural’ has grown, making digital thought formation the leading pattern and foundation of today’s knowledge. That different view on human identity made knowledge as understanding and its traditional grasping disappear. All fragments of planetary life were subjected to a newly conceived and often digitally anchored fitting. That forms one of the most powerful and global challenges to the human mind. What if we conclude about climate change that our knowledge fits the problems concerned? The book’s final pages outline an epistemological path through such complex zones of knowledge! But its broad and encompassing background question remains, what the concept of change really means when it is challenged to clarify the topic we name climate change.

Abstract: Background and Overview of Biotechnology -- A Brief History of the FDA and its Role in Regulating Biotechnology Products -- Products of Biotechnology and IP System -- The Application of Patent Law to Biotechnology -- The Birth of the Biotechnology Industry -- The Limits and Challenges of Gene Editing. .

Abstract: This book covers an extensive range of issues raised by biotechnological advancements from a regulatory perspective. Written in a clear and readable style, its main objective is to give readers an idea of the relationship between biotechnology and law. Biotechnology advancements and their ethical, moral, economic, and social implications in different fields and the consequential normative demands on the law are crucial to this book. The chapters cover a multitude of themes and some of the most important legal issues arising in relation to biotechnology, including the historical development of a legal framework sufficient to protect public safety, the current biotechnology regulatory system, and the rules directing the primary agencies that regulate the products of biotechnology, namely the US Food and Drug Administration, the US Department of Agriculture, and the US Environmental Protection Agency, patents and IP rights in biotechnology, the regulation of human genome editing and its impact on health research, law and emerging genome editing technologies from recombinant DNA to CRISPR/Cas9, the development of legal principles to protect property rights in the human body and allow the efficient use of human tissue, organs, DNA, and cell-lines in medical research, and legal issues arising from the use of genetic engineered plants and animals. Presenting arguments that have been drawn from careful examination of various international documents and decisions made by legal institutions and judicial bodies, this book would be a valuable read for practitioners as well as academics of biotechnology law.

Abstract: Part I: Legal Visualisation -- Chapter 1. Introduction To Legal Visualisation -- Chapter 2. Situation Versus Case -- Chapter 3. Visualisation As A Tertium Comparationis Within Multilingual Communities -- Chapter 4. Structural Legal Visualization -- Chapter 5. Distinguishing between Knowledge Visualisation and Knowledge Representation in Legal Informatics -- Chapter 6. Criteria for Multidimensional Visualisation in Law -- Part II: On Legal Theory -- Chapter 7. Is And Ought -- Chapter 8. Visualization Of Hans Kelsen’s Pure Theory Of Law -- Chapter 9. From Kelsen’s Ptl To Yoshino’s Logical Jurisprudence -- Chapter 10. Semiotic Aspects Of Law And Legal Science -- Chapter 11. Content Meaning And Institutional Meaning Of A Legal Act -- Part III: Legal Norm -- Chapter 12. Extended Legal Thesaurus: Legal Terms As A Modally Indifferent Substrate -- Chapter 13. Normative Resultants -- Chapter 14. Legal Frameworks Of Three-Dimensional Virtual Worlds -- Chapter 15. Legal Taboos -- Part IV: Text–Document -- Chapter 16. Dual Textuality Of Law -- Chapter 17. Legal Norms And Legal Institutions As A Challenge For Legal Informatics -- Chapter 18. Different Views To Legal Information Systems: Separate Legal Meanings And Legal Sublevels -- Chapter 19. Logic-Oriented Methods For Structuring In The Context Of Lawmaking -- Part V: Subsumption Legal Relations -- Chapter 20. Legal Subsumption -- Chapter 21. Formalising Legal Relations -- Chapter 22. Tertium Comparationis In Law: Variations On Arthur Kaufmann’s Theme -- Part VI: Legal Machines Compliance -- Chapter 23. Multisensory Legal Machines And Production Of Legal Acts -- Chapter 24. Formulating The Compliance Problem -- Chapter 25. Software Transparency For The Design Of Legal Machines -- Part VII: Human Digitalities.-Chapter 26. Towards Human Digitalities -- Chapter 27. Multiphase Transformation: From Legal Text to Program -- PART VIII. Argumentation -- Chapter 28. Three Layers of Legal Argumentation: Content, Speech Act, and Role -- Chapter 29. Transparent Complexity by Goals -- Chapter 30. Standard Cases, Hard Cases, Emergency Cases and Scurrile Cases in Jurisprudence.

Abstract: Both legal scholars and computer scientists will be curious to know how the gap between law and computing can be bridged. The law, and also jurisprudence, is based on language, and is mainly textual. Every syntactic system has its semantic range, and so does language, which in law achieves a high degree of professional precision. The use of visualisations is a syntactic supplement and opens up a new understanding of legal forms. This understanding was reinforced by the paradigm shift from textual law to legal informatics, in which visual formal notations are decisive. The authors have been dealing with visualisation approaches for a long time and summarise them here for discussion. In this book, a multiphase transformation from the legal domain to computer code is explored. The authors consider law enforcement by computer. The target view is that legal machines are legal actors that are capable of triggering institutional facts. In the visualisation of statutory law, an approach called Structural Legal Visualisation is presented. Specifically, the visualisation of legal meaning is linked with tertium comparationis, the third part of the comparison. In a legal documentation system, representing one legal source with multiple documents is viewed as a granularity problem. The authors propose to supplement legislative documents ex ante with explicit logic-oriented information in the form of a mini thesaurus. In contrast to so-called strong relations such as synonymy, antonymy and hypernymy/hyponymy, one should consider weak relations: (1) dialectical relations, a term of dialectical antithesis; (2) context relations; and (3) metaphorical relations, which means the use of metaphors for terms. The chapters trace topics such as the distinction between knowledge visualisation and knowledge representation, the visualisation of Hans Kelsen’s Pure Theory of Law, the separation of law and legal science, legal subsumption, legal relations, legal machines, encapsulation, compliance, transparency, standard cases and hard cases.

Abstract: Part I: Trade Secrets Legal Protection in the US and in the UE: AnAarea of Law in Search of Coherence -- Introduction to Part 1 -- Premise – Intellectual Property and Unfair Competition: Two Regulatory Paradigms With Different Purposes and Apparatus -- Trade Secrets Subject Matter: A Broad and Blurred International Consensus -- Trade Secrets Legal Apprehension: An Uncertain Normative Framework -- Part II: Redefining Trade Secrets Law by Differentiating Between Two Different Legal Objects: The Secret Sphere and the Secret Pieces of Information -- Introduction to Part 2 -- Premise – The Absence of Clear Theoretical Foundations -- The Legal Protection of Undertaking's Secret Sphere as a Necessity For The Functioning of the Market Economy -- The Legal Apprehension of Secret Pieces of Information as Immaterial Goods Regulation -- Conclusion – The Distinction between the Secret Sphere and Secret Pieces of Information: The Need of a New Conceptual Model for Trade Secrets Law -- Part 3 - Conclusion -- General Conclusion -- Part 4 Summaries -- German Summary -- French Summary -- Bibliography.

Abstract: Despite the economic relevance of trade secrets, their legal protection is not based on a robust theoretical corpus, and a large uncertainty remains regarding how they should be legally apprehended. The present book investigates the foundations of their legal protection by assessing its justifications and aims to define how this legal apprehension should be organized. The book starts with a comparative analysis of the US and the EU legal frameworks. It demonstrates the parentship existing between the two systems of protection and highlights that the incremental structuring of trade secrets protection has led to legal systems lacking broad-based conceptual foundations. In both legal orders, trade secrets rely on blurred protection, formally anchored in unfair competition, the strength of which, however, comes closer to that offered by intellectual property law. In this convoluted architecture, the judiciary is required to play a decisive role, especially at the enforcement stage. However, the absence of clarity concerning the telos of trade secrets protection leads to legal uncertainty, potentially incoherent enforcement, and, all in all, to inefficient outcomes from a welfare perspective. The book then explores a theoretical framework based on a distinction between two legal objects: the undertakings’ secret sphere and secret pieces of information. Securing the undertakings’ secret sphere appears as a condition for the competition process to happen in an economy working under structural uncertainty. It requires objective regulations enforced by public authorities. On the other hand, the legal apprehension of secret pieces of information should be considered as falling within the realm of immaterial goods regulation aiming to solve the deficit of marketability of this type of good. This might call – after conducting a careful policy trade-off – for the establishment of relative (i.e. inter partes) subjective rights.

Abstract: 1. EU Competition Law at a Glance -- 2. VBER 2022 – The Safe Harbour for Distribution Agreements -- 3. Articles 3 and 8 VBER: Market Share Thresholds -- 4. Article 4 VBER: Hardcore Restrictions – Black Clauses -- 5. Article 5 VBER: Excluded Restrictions – Grey Clauses -- 6. Article 6 and 7 VBER: Withdrawal/Non-application -- 7. Franchise Systems -- 8. Dual Distribution and Other Dualisms -- 9. Digital Distribution: Online Sales and Online Platforms -- 10. Practical Implementation of the VBER 2022 -- Appendix -- Index.

Abstract: This book tackles the Vertical Block Exemption Regulation ("VBER"). The VBER 2022 is the new playbook in Europe for vertical agreements. Vertical agreements, i.e. between parties from different levels of the production or distribution chain, are ubiquitous in the EU economy. Vertical agreements which appreciably restrict competition are, in principle, void, and subject to fines. By exception, agreements may already fall outside the scope of competition law or may be exempt if their pro-competitive effects prevail. Whether they do or not requires an individual assessment of each agreement, with respective legal uncertainty. The VBER, however, is the shortcut to legally certain vertical agreements because it exempts groups of vertical agreements from the prohibition of anti-competitive agreements. It therefore builds the practical core of distribution law. Only understanding and implementing the VBER ensures a compliant distribution set-up. This goes for all kinds of vertical agreements, especially: digital, dual, exclusive and selective distribution plus franchise. The VBER 2022 is intended to take into account market developments, in particular the strong growth in e-commerce. Digitalisation has reinforced the trend toward verticalization – and thus toward dual distribution. The VBER 2022 now "reboots" the existing playbook, making it fit for digital distribution. And this book shall help – as a shortcut to understanding the VBER – to quickly and easily pass the transition to the new rules. This book is written from the distribution / contract drafting perspective. It is born out of the author’s practice as German attorney-at-law and partner in the international law firm Taylor Wessing. This book aims at providing private practitioners, in-house counsels as well as officers within authorities and judges practical guidance on the “rebooted” competition law regime in the European Union, including many examples of provisions to be used, especially in distribution and franchise agreements. It also tables and checklists for creating new and adapting existing agreements to the VBER. This book has been written while accompanying the reform discussions and the introduction of the VBER 2022 as an author, speaker and private practitioner.

Abstract: Part I: Approaching Governmental Automated Decision-Making And Human Rights -- 1 Introduction -- 2 Artificial intelligence and automated decision-making – terminological clarifications -- 3 Automated decision-making and the law -- Part II: Protecting Human Rights In An Automated World – Is The Law Prepared For The Challenges Of Governmental Automated Decision-Making? -- 4 Identifying challenges of governmental automated decision-making -- 5 Confronting the legal challenges of governmental automated decision-making -- 6 The underlying challenge to human agency -- Part III: Towards A Human Right Against Automated Decision-Making? -- 7 The case for a right against automated decision-making -- 8 Reconciling human rights and intelligent systems – contents and implications of a right against governmental automated decision-making -- 9 Conclusion and Outlook.

Abstract: With the growing capabilities of artificial intelligence, governments are integrating AI technologies into administrative and even judicial decision-making, aiding and in some cases even replacing human decision-makers. Predictive policing, automated benefits administration, and automated risk assessment in criminal sentencing are but a few prominent examples of a general trend. While the turn towards governmental automated decision-making promises to reduce the impact of human biases and produce efficiency gains, reducing the human element in governmental decision-making also entails significant risks. This book analyses these risks through a comparative constitutional law and human rights lens, examining US law, German law, and international human rights law. It also highlights the structural challenges that automation poses for legal systems built on the assumption of exclusively human decision-making. Special attention is paid to the question whether existing law can adequately address the lack of transparency in governmental automated decision-making, its discriminatory processes and outcomes, as well as its fundamental challenge to human agency. Building on that analysis, it proposes a path towards securing the values of human dignity and agency at the heart of democratic societies and the rule of law in an increasingly automated world. This book will be of interest to researchers and scholars focusing on the evolving relationship of law and technology as well as human rights scholars. Further, it represents a valuable contribution to the debate on the regulation of artificial intelligence and the role human rights can play in that process.

Abstract: Chapter 1. Introduction -- Chapter 2. Digital Services Act and non-discriminatory digital transformation -- Chapter 3. Digital services and algorithmic discrimination -- Chapter 4. Discrimination in the digital market: protection from different sides -- Chapter 5. The risk-based approach in the Digital Services Act and in the Proposed Artificial Intelligence Act -- Chapter 6. Towards the future: risk as opportunity -- Chapter 7. Perspectives and conclusions.

Abstract: The book starts with an analysis of what is new in the Digital Services Act. The aim is to see whether this new Regulation is appropriate both for not halting technological innovation and for addressing the risks that technological innovation poses to society and to the people who use digital services. The focal point is the risk of discrimination as people are often helpless in the face of the potential discriminations in the digital services sector. In particular, the book analyses how the Digital Services Act can make a concrete contribution to the protection against discrimination. To this end, it focuses on the responsibility of digital service providers and the fact that discrimination may also depend on the way in which algorithms and artificial intelligence systems are used. Therefore, a comparison is made between the Digital Services Act and the proposed Artificial Intelligence Act. The comparison discloses that the risk-based approach is the common thread followed by the EU in regulating the digital market. The book elaborates also on the practical implications of the risk-based approach. Highlighting advantages and limitations leading the author to conclude that the risk-based approach is the way forward only if the differences between risk and danger, the limits of law, and the limits of the tendency to humanise artificial intelligence systems are considered. With specific reference to the risk of discrimination, the need for a systemic and multi-level approach is highlighted, which reinforces the contribution that can be made not only by the Digital Services Act, but also by more general and cross-cutting legislation as those on data protection and unfair commercial practices. .

Abstract: Part 1: Drones – aviation/aerial automated autonomous transportation systems -- Introduction -- “Drones: The New Delivery Men? A South African and UK perspective.” -- Unmanned Air Transports: the use of drones and legal issues arising thereof -- The Civil Unmanned Aerial Vehicle (UAV) Law of China: A Comparative Study of the mainland, Hong Kong, and Macao of China -- Part 2: Ships – Maritime automated / autonomous transportation systems -- The Intersection Between Law and Technology in Maritime Law -- Salvage and Autonomous Maritime Navigation -- Uncharted Legal Waters: “The Applicability of the Law on Seaworthiness & Good seamanship to Autonomous vessels.” -- Reforming the Law of the Sea for the Future of Automated Shipping -- Part 3: Road Vehicles – Road automated / autonomous transportation systems -- Automated Vehicles, Liability and Insurance -- Legal and Ethical Aspects of Autonomous Vehicles -- Cyber Risks: Social, Functional and Ethical Dimensions -- Road Traffic Law and Application to Automated Vehicles.

Abstract: This book discusses various legal aspects of automated and autonomous transport. The regulation of automated and autonomous transport encompasses legislation on automated cars, ships, vessels, and drones. Questions surrounding this novel area of the law, which has attracted major worldwide interest and publicity, are likely to dominate our societies and everyday life in the years ahead. One major challenge addressed in this book is remedying the regulatory fragmentation that can be observed around the globe concerning legislation on automated and autonomous transportation systems. Written and edited by respected experts in the field, including academics and practitioners alike, this book seeks to fill an important gap in the literature. Given its focus and scope, the book will be of considerable interest to practitioners, academics, and policymakers, judges, students and secondary audiences, including engineers, sociologists, naval architects, all those involved in the automated industry, and people working in AI.

Abstract: Introduction -- Part I - Content -- The Legal Challenges of the Fourth Industrial Revolution: Copyright in the Digital Single Market - between new uses of protected content and fairness considerations -- Due diligence obligations and liability of intermediary services: the Proposal for the EU Digital Services Act -- Legal challenges posed by the modern-day transportation services. A brief overview from the private law perspective -- The regulation of content moderation -- Part II - Economy -- The European Way to Regulate Big Tech: the EU’s Digital Markets Act -- “eCommerce and EU consumers' rights” -- Online platforms and taxes in the EU: a compatible match? -- Regulating Digital Advertising from the Perspective of the 4th Industrial Revolution -- Part III - Security -- The European Union Strategy for Cybersecurity -- Remarks on the use of biometric data systems (and facial recognition technologies) for law enforcement purposes: security implications of the Proposal for an EU Regulation on Artificial Intelligence -- Cyber operations threatening the European Union and its member states: the rise of the European Union as a cyber defence actor -- Part IV - People -- Data Protection Litigation System under the GDPR -- R2D: The Right to Disconnect from Work -- Is There a Need for an EU Catalogue of Fundamental Digital Rights? -- Countering terrorism propaganda online through TERREG and DSA: a battlefield or a breath of hope for our fundamental human rights? -- AI and Fundamental Rights: the People, the Conversations, and the Governance Challenges.

Abstract: This book explores the concept of a fourth industrial revolution as an expression of the current technological, economic, and social changes sparked by the growing interconnectivity and intelligent automation that have emerged in the 21st century. It seeks to identify and explain the legal challenges posed by this phenomenon in four main areas: content, economy, security, and people. Part I, Content, considers e.g. the problems posed by new uses of protected works in the digital environment, and the new rules on liability for intermediary services contained in the Digital Services Act. Part II, Economy, is particularly concerned with the regulation of Big Tech in the EU’s Digital Markets Act, ecommerce and EU consumers’ rights, the taxation of online platforms, and digital advertising. Part III, Security, addresses the European Union Strategy for Cybersecurity, the use of biometric data systems and facial recognition technologies for law enforcement purposes, and the security implications of the Proposal for an EU Regulation on Artificial Intelligence, as well as the challenges entailed by the European Union’s positioning itself as a major cyber defence actor. Part IV, People, discusses the Data Protection Litigation System under the GDPR, the right to disconnect from work, the proposed EU Catalogue of Fundamental Digital Rights, the countering of terrorist propaganda online through the TERREG and the DSA, and AI and Fundamental Rights.

Abstract: Chapter 1. Enactment, Scope of Application, and Enforcement of the Cartel Act -- Chapter 2. Agreements -- Chapter 3. Horizontal Agreements -- Chapter 4. Distribution Agreements and Vertical Restraints -- Chapter 5. Abusive Conduct by Dominant Undertakings and Undertakings with Relative Market Power -- Chapter 6. Merger Control -- Chapter 7. Sanctions, Leniency and Amicable Settlements.

Abstract: This is the first comprehensive English-language overview of competition law enforcement in Switzerland since the introduction of direct sanctions in 2004. It discusses the key issues facing practitioners: horizontal and vertical agreements (with a particular emphasis on distribution agreements), abuse of dominance, and the newly introduced provisions on relative market power and merger control. It also provides an overview of the key procedural provisions, leniency and amicable settlements, and fines. The book subsequently analyses the main differences between Swiss and EU competition law and explains why, to what extent, and how companies should conduct a separate analysis under Swiss law. It offers a comprehensive overview and accessible analysis, based on in-depth research of case law, for practitioners and in-house counsels who need to ensure compliance with competition law on a Swiss, European or international basis. It is also a valuable guide for all practitioners, academics and students interested in understanding Swiss competition law. Enforcement of competition law in Switzerland has intensified and is becoming increasingly important for global companies selling in Switzerland. Moreover, the fines have increased over the last twenty years, and many foreign companies have had to pay substantial fines in recent years. Lastly, the Swiss Federal Supreme Court has now extended the extraterritorial application of Swiss competition law to foreign companies where sales to Switzerland are possible.

Abstract: 1 Introduction -- 2 Content Management Or Censorship? -- 3 Snapshots From The History Of Political Censorship In Europe And United States Of America -- 4 The Spread Of Social Media And The Emergence Of New Forms Of Content Regulation -- 5 Regulatory Options In The United Stated Of America -- 6 Towards A Digital Agenda For The European Union 2020 -- 7 The Chinese Model -- 8 Human And Technical Aspect Of Content Management -- 9 The Case Law Of The European Court Of Human Rights And The Court Of Justice Of The European Union For A Better Understanding Of Liability Issues -- 10 The Practice Of Restricting Internet Access Before The European Court Of Human Rights Or New Tools Of Political Censorship -- 11 The Rise Of Digital Authoritarianism Across The Globe -- 12 Possible Directions For The Future .

Abstract: In many countries, censorship, blocking of internet access and internet content for political purposes are still part of everyday life. Will filtering, blocking, and hacking replace scissors and black ink? This book argues that only a broader understanding of censorship can effectively protect freedom of expression. For centuries, church and state controlled the content available to the public through political, moral and religious censorship. As technology evolved, the legal and political tools were refined, but the classic censorship system continued until the end of the 20th century. However, the myth of total freedom of communication and a law-free space that had been expected with the advent of the internet was soon challenged. The new rulers of the digital world, tech companies, emerged and gained enormous power over free speech and content management. All this happened alongside cautious regulation attempts on the part of various states, either by granting platforms near-total immunity (US) or by setting up new rules that were not fully developed (EU). China has established the Great Firewall and the Golden Shield as a third way. In the book, particular attention is paid to developments since the 2010s, when Internet-related problems began to multiply. The state’s solutions have mostly pointed in one direction: towards greater control of platforms and the content they host. Similarities can be found in the US debates, the Chinese and Russian positions on internet sovereignty, and the new European digital regulations (DSA-DMA). The book addresses them all. This book will be of interest to anyone who wants to understand the complexities of social media’s content regulation and moderation practices. It makes a valuable contribution to the field of freedom of expression and the internet, showing that, with different kinds of censorship, this essentially free form of communication has come – almost by default – under legal regulation and the original freedom may have been lost in too many countries in recent years.

Abstract: Chapter 1. Introduction -- Chapter 2. What is Digital Competence in the Current International Arbitration Context? -- Chapter 3. Who has to be Digitally Competent in the International Arbitration Context? -- Chapter 4. When do International Arbitrators Need to be Digitally Competent? -- Chapter 5. Where is International Arbitrators’ Digital Competence Regulated? -- Chapter 6. Why is International Arbitrators’ Digital Competence Relevant from a Legal Point of View? -- Chapter 7. Conclusion -- Case List -- Analytical Index. .

Abstract: Arbitration is facing revolutionary changes due to new technologies’ irruption into the entire arbitration proceeding. Wide-ranging technical-legal concepts such as e-discovery, e-hearing, cyber-security protocol, e-deliberations, algorithmic decision-making and digital signing have become part of life. Technology’s impact on arbitration is unlikely to decrease after the COVID crisis; on the contrary, how the arbitration community positions itself vis-à-vis technology will be a key factor in determining arbitration’s future. Faced with this challenging scenario, the book discusses a novel legal topic: arbitrators’ relationship with this increasingly ubiquitous, rapidly-changing technology. This innovative book applies journalism’s “5 W questions” to the underexplored issue of arbitrators’ digital competence. It reaches a workable definition of what digital competence in the current arbitration context is, also providing answers to the essential question of why arbitrators’ digital competence is relevant from legal and financial points of view. Attention then shifts to who, with reflections on arbitrators working in a highly technological context and clarification of their relationship with other legal and non-legal actors. The book equally offers an in-depth comparative study of the question of where arbitrators’ technological competence is regulated, with critical analysis of soft and hard law provisions that may impose a digital competence duty. Finally, the book specifies when arbitrators need to be digitally competent and develops legal proposals regarding key procedural stages (initial conference, hearings) and legal topics (cybersecurity, data protection). The first study to scrutinise the rapidly changing relationship between arbitrators and technology, the book aims to spark a crucial debate among practitioners and scholars. Academically rigorous and using the latest legal material, it emphasises arbitrators’ needs, rights and duties in our technological age, presenting them alongside carefully selected practical topics. The unprecedented and well-grounded proposals for arbitrators’ digital competence are intended to be a call to action for its broad target audience.

Abstract: 1. Introduction -- 2. The Promise and Perils of AI and ML in Public Administration -- 3.The Regulatory Framework in Overview -- 4. Privacy Issues: Processing Personal Data, Monitoring, and Profiling Citizens -- 5. Delegation of Administrative Powers to AI Systems -- 6. Due Process, Fair Trial, Transparency, and Explainability -- 7. Fairness and Equal Treatment -- 8. Safety and Security -- 9. Accountability and Liability -- 10. Intellectual Property Rights and Data Ownership -- 11. Final Conclusions and Recommendations.

Abstract: This book gives a comprehensive overview of the state of Artificial Intelligence (AI), especially machine learning (ML) applications in public service delivery in Estonia, discussing the manifold ethical and legal issues that arise under both European and Estonian law. Final conclusions and recommendations set out and analyze various policy options for the public sector, taking into account recent developments at the European level – such as the AIA proposal – as well as the experience of countries that have issued principles and guidelines or even laws for the use of ML in the public sector. “For two reasons, this study is relevant not only for an audience which is interested in Estonian administrative law. First, the authors base their legal analysis primarily on EU law and provide a state of the art-analysis of the relevant secondary legislation. This makes the book a reference text for the European debate on public sector AI governance. Second, this study is part of a larger research project in which four specific use cases of public sector AI have been developed and tested. The practical insights gained in these projects have provided the authors with an excellent understanding of the opportunities and risks of the technology, which distinguishes this legal analysis from similar enterprises.” Excerpt from the foreword by Professor Thomas Wischmeyer (University of Bielefeld) .