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Abstract: Many researchers are concerned with how new technologies, especially those using AI, will change society as we know it. There are evident benefits that will facilitate our current activities. Still, there are also elements whose impact we do not know, or have a character that can limit or restrict our rights and freedoms. Probably, it will not be the technologies that will determine certain limits, but those who own them and those who will establish the rules by which these new technologies will be guided. I consider that any concern related to the use of new technologies, based on the use of AI, must be approached with great care, and must be reported to respect the values provided by art. 2 and 3 TEU and the Convention for the Protection of Human Rights and Fundamental Freedoms. There are significant concerns related to the ethical implications of the use of AI at the EU level, which will be analysed in this article. At the European level, it is the role of the European Commission to deal with the „ethical interests” regarding the observance of the five principles that will be a challenge for cyberjustice: respect for fundamental rights, nondiscrimination between individuals and groups of individuals, quality and security, transparency, neutrality and intellectual integrity and user control.
Abstract: The adoption of the framework directive on the enforcement of intellectual property rights was intended to stop the considerable discrepancies in national laws that caused uncertainty and a difference in the application of this institution between EU member states. According to WIPO Magazine, "Intellectual property is a subject of growing global importance. National implementation efforts were only completed in 2009, almost five years after the Directive entered into force"13. Since the entry into force of the Treaty on the Functioning of the European Union (TFEU) in 2009, the EU has an explicit competence in the field of intellectual property rights (Article 118). Article 118 TFEU states that "in the context of the establishment and functioning of the internal market, the Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall lay down measures for the creation of EU intellectual property law to ensure uniform protection of IPR in the EU and for the establishment of centralised authorisation, coordination and enforcement systems at EU level"14. [...] at the international level there are a number of legal acts, to which Romania is a party, governing intellectual creation rights, among which we mention (...).
Abstract: The paper analyzes whether the application of intellectual property law as a countermeasure against adversarial attacks on the artificial intelligence systems is consistent with the purposes of the intellectual property law. In view of rapid development of artificial intelligence and growing number of domains in which artificial intelligence systems are applied, the adversarial attacks on such systems can potentially cause very harmful effects. Thus, there is a need to identify and develop countermeasures against adversarial attacks, in particular with the help of law. The issue of the possible legal measures that can be applied to counter adversarial attacks has to be considered first of all in the light of the purposes of the law. This paper is dedicated to an overview of the purposes and theories of justification of intellectual property law, in particular, copyright and patent law, which are further considered in the context of artificial intelligence and adversarial attacks. Although the theoretical foundations underlying the intellectual property system is a subject matter of debates, the purpose of incentivizing creativity and innovation could be considered as the primary purpose of intellectual property law (...).
Abstract: The study at hand delves into the technologies composing blockchain and designates its most significant practical applications to date The technological ecosystem identified through this investigation is then scrutinized from the perspective of intellectual property law. It examines, in particular, under which conditions and to what extent blockchain itself as a standalone product, its individual components, and its several applications may be subject to a) copyright, b) database and trade secret protection, and c) patent law. The objective of this investigation is to identify the most suitable legal basis for raising claims against unauthorized use of the pertinent subject matter. The analysis also explores adversities posed to intellectual property law by modern technologies and contemplates their circumvention. The benchmark for this examination is the intellectual property law currently in force in the EU.
Abstract: Constant innovation is key to revolutionising all aspects of healthcare, and this will have a positive impact at every stage of the patient journey from disease prevention to diagnosis and treatment. Transformative technologies are entering the healthcare ecosystem via many routes, with global corporates investing heavily in innovation sitting side-by-side with startups, universities and clinician-led projects. Although this has resulted in a commercial playing field rich in new ideas, collaboration and promise, it also means increased competition for market share, making intellectual property (IP) more important than ever.
Abstract: It is widely accepted that intellectual property legal requirements such as patents and data exclusivity can affect access to medicines, but to date there has not been a comprehensive review of the empirical evidence on this topic. The World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) requires Member States to implement minimum standards of intellectual property protection including patents for pharmaceutical products, but also contains 'flexibilities' designed to address barriers to access to medicines. National intellectual property laws can also include TRIPS-plus rules that go beyond what is required by TRIPS. We aimed to systematically review literature that measures the impact of intellectual property rules on access to medicines, whether implemented as a result of TRIPS, TRIPS-plus provisions in other trade agreements, or unilateral policy decisions. We searched Proquest, SCOPUS, Web of Science, PubMed, JSTOR, Westlaw and Lexis Nexis. Peer reviewed articles, government reports and other grey literature were included. Articles were eligible for inclusion if they were quantitative, in English, included a measure of cost, price, availability of or access to medicines, were about intellectual property or data exclusivity rules and published between January 1995 and October 2020 (...).
Abstract: The paper analyzes whether the application of intellectual property law as a countermeasure against adversarial attacks on the artificial intelligence systems is consistent with the purposes of the intellectual property law. In view of rapid development of artificial intelligence and growing number of domains in which artificial intelligence systems are applied, the adversarial attacks on such systems can potentially cause very harmful effects. Thus, there is a need to identify and develop countermeasures against adversarial attacks, in particular with the help of law. The issue of the possible legal measures that can be applied to counter adversarial attacks has to be considered first of all in the light of the purposes of the law (...).
Abstract: The course of the Covid 19 pandemic, has demonstrated the serious obstacles to the availability and access to vaccines for many less-developed countries. One obstacle involves the pharmaceutical patents which limited the ability of many countries to afford the necessary vaccines. For many, the intellectual property laws created by the World Trade Organization and TRIPS agreement has shown itself to be unfair to less-developed countries. This is also seen as a problem in global justice. There is an increasing belief that pharmaceutical patents should be waived in times of emergency. But the question is how to justify these waivers? One approach might be the idea of the commons which underlies intellectual property in it most basic form. This paper explores ways of reforming intellectual property law in light of the recent problems connected to the Covid pandemic.
Abstract: Biotechnology is a fast-emerging sector with enormous commercial and scientific development potential. It is impossible to overstate the prominence of intellectual property (IP) in securing and fostering innovation in the biotechnology sector.
Abstract: This article discusses the issue of humour in the context of intellectual property law, with a focus on parody in trademark law. Parody is a form of humorous expression that is generally protected by freedom of expression. Although copyright law has a statutory exception for caricature, parody, and pastiche, no such exception exists in trademark law. Therefore, parody must be treated differently in this area of law. The article first introduces the legal position of parody and discusses the assessment of parody in both copyright and trademark law in the EU and Czech law. Then it examines the peculiarities of the trademark law approach and with the help of German landmark cases, highlights the possibilities for the treatment of trademark parody in the Czech Republic. The outcomes may apply to closely related laws through out the EU territory.
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