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Author: Jan Bernd Nordemann Publisher: Kluwer Law International B.V. ISBN: 9403532815 Category : Law Languages : en Pages : 605
Book Description
Data, in its raw or unstructured form, has become an important and valuable economic asset, lending it the sobriquet of ‘the oil of the twenty-first century’. Clearly, as intellectual property, raw data must be legally defined if not somehow protected to ensure that its access and re-use can be subject to legal relations. As legislators struggle to develop a settled legal regime in this complex area, this indispensable handbook will offer a careful and dedicated analysis of the legal instruments and remedies, both existing and potential, that provide such protection across a wide variety of national legal systems. Produced under the auspices of the International Association for the Protection of International Property (AIPPI), more than forty of the association’s specialists from twenty-three countries worldwide contribute national chapters on the relevant law in their respective jurisdictions. The contributions thoroughly explain how each country approaches such crucial matters as the following: if there is any intellectual property right available to protect raw data; the nature of such intellectual property rights that exist in unstructured data; contracts on data and which legal boundaries stand in the way of contract drafting; liability for data products or services; and questions of international private law and cross-border portability. Each country’s rules concerning specific forms of data – such as data embedded in household appliances and consumer goods, criminal offence data, data relating to human genetics, tax and bank secrecy, medical records, and clinical trial data – are described, drawing on legislation, regulation, and case law. A matchless legal resource on one of the most important raw materials of the twenty-first century, this book provides corporate counsel, practitioners and policymakers working in the field of intellectual property rights, and concerned academics with both a broad-based global overview on emerging legal strategies in the protection of unstructured data and the latest information on existing legislation and regulation in the area.
Author: Jan Bernd Nordemann Publisher: Kluwer Law International B.V. ISBN: 9403532815 Category : Law Languages : en Pages : 605
Book Description
Data, in its raw or unstructured form, has become an important and valuable economic asset, lending it the sobriquet of ‘the oil of the twenty-first century’. Clearly, as intellectual property, raw data must be legally defined if not somehow protected to ensure that its access and re-use can be subject to legal relations. As legislators struggle to develop a settled legal regime in this complex area, this indispensable handbook will offer a careful and dedicated analysis of the legal instruments and remedies, both existing and potential, that provide such protection across a wide variety of national legal systems. Produced under the auspices of the International Association for the Protection of International Property (AIPPI), more than forty of the association’s specialists from twenty-three countries worldwide contribute national chapters on the relevant law in their respective jurisdictions. The contributions thoroughly explain how each country approaches such crucial matters as the following: if there is any intellectual property right available to protect raw data; the nature of such intellectual property rights that exist in unstructured data; contracts on data and which legal boundaries stand in the way of contract drafting; liability for data products or services; and questions of international private law and cross-border portability. Each country’s rules concerning specific forms of data – such as data embedded in household appliances and consumer goods, criminal offence data, data relating to human genetics, tax and bank secrecy, medical records, and clinical trial data – are described, drawing on legislation, regulation, and case law. A matchless legal resource on one of the most important raw materials of the twenty-first century, this book provides corporate counsel, practitioners and policymakers working in the field of intellectual property rights, and concerned academics with both a broad-based global overview on emerging legal strategies in the protection of unstructured data and the latest information on existing legislation and regulation in the area.
Author: Muhammad Ibn Bashir Publisher: Simon and Schuster ISBN: 1451617127 Category : Law Languages : en Pages : 226
Book Description
The first book of legal advice for the hip hop generation, Covering areas ranging from how to secure the best public defender to what to do when driving DWB, this is a step-by-step guide to the criminal system for those who need it most written by a criminal defense attorney who knows this world from the inside out. A counterpoint to the Law and Order justice the public sees and believes in. This is the real criminal justice system, as told from someone inside, someone fights it ever day. This is not a manual for how to get off, how to be a better criminal. It is proof that the system will eat you up and spit you out if you dare to become involved or think you can beat it. Raw Law authoritatively addresses the legal issues faced by the hip hop generation, and offers a simple guide on how to avoid certain situations and how to learn and respond to others. Here readers will learn the truths and untruths of the justice system and how they can protect themselves from the worst of it. But most of all, they will learn how to follow the first rule of the criminal justice system: AVOID IT AT ALL COSTS.
Author: Colin Tredoux Publisher: Juta and Company Ltd ISBN: 9780702166624 Category : Law Languages : en Pages : 452
Book Description
The congruencies between psychology and law are explored in this collection of learning objectives, exercises, and reference material that addresses the intersection of these two disciplines. In addition to practical topics such as crime and policing, the detection of deception and truthfulness, dangerousness and the risk of violence, and the employment of the psychologist as expert witness, it also discusses modern moral issues such as the role and treatment of child witnesses in legal proceedings, investigative psychology and psychological profiling, and the use of insanity and diminished capacity defenses.
Author: Anirban Mazumder Publisher: Springer ISBN: 9811022003 Category : Law Languages : en Pages : 177
Book Description
This book focuses on database law (a branch of intellectual property law) and further explores the legal protection currently available for data and data-related products in India. It offers a comparative study of the position of copyright law in protecting databases in the US and EU, while also presenting responses from the Indian database industry and its aspirations regarding the role of copyright law in database protection. India is undoubtedly leading the way as a knowledge economy. Its strengths are its information technology capability and its knowledge society, as well as its booming database industry – aspects that also necessitate the study of the role of law, as well as the protection of data and databases, in India. This book examines the growing importance of copyright law for protecting databases as well as for ensuring access in information societies. The book concludes with a discussion of key principles to be kept in mind in the context of drafting legal regimes for databases in India that will both benefit the database industry and ensure accessibility.
Author: Patrick Capps Publisher: Bloomsbury Publishing ISBN: 1847315127 Category : Law Languages : en Pages : 308
Book Description
International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. In this book, an attempt is made to fill this gap by focusing on issues of concept-formation in legal science in general with a view to their application to the specific concerns of international law. In responding to these issues, the author argues that public international law seeks to establish and institutionalise a system of authoritative judgment whereby the conditions by which a community of states can co-exist and co-operate are ensured. A state, in turn, must be understood as ultimately deriving legitimacy from the pursuit of the human dignity of the community it governs, as well as the dignity of those human beings and states affected by its actions in international relations. This argument is in line with a long and now resurgent Kantian tradition in legal and political philosophy. The book shows how this approach is reflected in accepted paradigm cases of international law, such as the United Nations Charter. It then explains how this approach can provide insights into the theoretical foundations of these accepted paradigms, including our understanding of the sources of international law, international legal personality and the design of global institutions.
Author: Lisa Gitelman Publisher: MIT Press ISBN: 0262312336 Category : Technology & Engineering Languages : en Pages : 203
Book Description
Episodes in the history of data, from early modern math problems to today's inescapable “dataveillance,” that demonstrate the dependence of data on culture. We live in the era of Big Data, with storage and transmission capacity measured not just in terabytes but in petabytes (where peta- denotes a quadrillion, or a thousand trillion). Data collection is constant and even insidious, with every click and every “like” stored somewhere for something. This book reminds us that data is anything but “raw,” that we shouldn't think of data as a natural resource but as a cultural one that needs to be generated, protected, and interpreted. The book's essays describe eight episodes in the history of data from the predigital to the digital. Together they address such issues as the ways that different kinds of data and different domains of inquiry are mutually defining; how data are variously “cooked” in the processes of their collection and use; and conflicts over what can—or can't—be “reduced” to data. Contributors discuss the intellectual history of data as a concept; describe early financial modeling and some unusual sources for astronomical data; discover the prehistory of the database in newspaper clippings and index cards; and consider contemporary “dataveillance” of our online habits as well as the complexity of scientific data curation. Essay Authors Geoffrey C. Bowker, Kevin R. Brine, Ellen Gruber Garvey, Lisa Gitelman, Steven J. Jackson, Virginia Jackson, Markus Krajewski, Mary Poovey, Rita Raley, David Ribes, Daniel Rosenberg, Matthew Stanley, Travis D. Williams
Author: Frans von der Dunk Publisher: Edward Elgar Publishing ISBN: 1781000360 Category : Law Languages : en Pages : 1137
Book Description
The Handbook of Space Law addresses the legal and regulatory aspects of activities in outer space and major space applications from a comprehensive and structured perspective. It fundamentally addresses the dichotomy between the state-oriented characte
Author: Christopher Heath Publisher: Kluwer Law International B.V. ISBN: 9403522135 Category : Law Languages : en Pages : 330
Book Description
The convergence of various fields of technology is changing the fabric of society. Big data and data mining, Internet of Things, artificial intelligence and blockchains are already affecting business models and leading to a social and economic transformations that have been dubbed by the fourth industrial revolution. Focusing on the framework of intellectual property rights, the contributions to this book analyse how the technical background of this massive transformation affects intellectual property law and policy and how intellectual property is likely to change in order to serve the society. Well-known authorities in intellectual property law offer in-depth chapters on the roles in this revolution of such concepts and actualities as the following: power and role of data as the raw material of the revolution; artificial inventors and creators; trade marks in the dimension of avatars and fictional game characters; concept of inventive step change where the person skilled in the art is virtual; data rights versus intellectual property rights; transparency in the context of big data; interrelations of data, technology transfer and antitrust; self-executable and ‘smart’ contracts; redefining the balance among exclusive rights, development, technology transfer and contracts; and proprietary information versus the public domain. The chapters also provide complete analyses of how big data changes decision-making processes, how sustainable development requires redefinition, how technology transfer is re-emerging as technology diffusion and how the role of contracts and blockchain as instruments of monitoring and enforcement are being defined. Offering the first in-depth legal commentary and analysis of this highly topical issue, the book approaches the fourth industrial revolution from the perspectives of technical background, society and law. Its authoritative analysis of how the data-driven economy influences innovation and technology transfer is without peer. It will be welcomed by practicing lawyers in intellectual property rights and competition law, as well as by academics, think tanks and policymakers.
Author: Glenn J. Larrabee Publisher: Oxford University Press ISBN: 0199920893 Category : Medical Languages : en Pages : 547
Book Description
With increasing frequency neuropsychologists are being asked to serve as experts in court cases where judgements must be made as to the cause of, and prognosis for brain diseases and injuries. This book describes the application of neuropsychology to legal issues in both the civil and criminal courts. It emphasizes a scientific basis of neuropsychology. All of the contributors are recognized as scientist-clinicians. The chapters cover common forensic issues such as appropriate scientific reasoning, the assessment of malingering, productive attorney-neuropsychologist interactions, and ethics. Also, covered are the determination of damages in personal injury litigation, including pediatric brain injury, mild, moderate, and severe traumatic brain injury in adults (with an introduction to life care planning); neurotoxic injury; and forensic assessment of medically unexplained symptoms. Civil competencies in the elderly persons with dementia are addressed a separate chapter, and two chapters deal with the assessment of competency and responsibility in criminal forensic neuropsychology. This volume will be an invaluable resource for neuropsychologists, attorneys, neurologists, clinical psychologists, psychiatrists, and their students and trainees.
Author: Institute of Medicine Publisher: National Academies Press ISBN: 0309316324 Category : Medical Languages : en Pages : 236
Book Description
Data sharing can accelerate new discoveries by avoiding duplicative trials, stimulating new ideas for research, and enabling the maximal scientific knowledge and benefits to be gained from the efforts of clinical trial participants and investigators. At the same time, sharing clinical trial data presents risks, burdens, and challenges. These include the need to protect the privacy and honor the consent of clinical trial participants; safeguard the legitimate economic interests of sponsors; and guard against invalid secondary analyses, which could undermine trust in clinical trials or otherwise harm public health. Sharing Clinical Trial Data presents activities and strategies for the responsible sharing of clinical trial data. With the goal of increasing scientific knowledge to lead to better therapies for patients, this book identifies guiding principles and makes recommendations to maximize the benefits and minimize risks. This report offers guidance on the types of clinical trial data available at different points in the process, the points in the process at which each type of data should be shared, methods for sharing data, what groups should have access to data, and future knowledge and infrastructure needs. Responsible sharing of clinical trial data will allow other investigators to replicate published findings and carry out additional analyses, strengthen the evidence base for regulatory and clinical decisions, and increase the scientific knowledge gained from investments by the funders of clinical trials. The recommendations of Sharing Clinical Trial Data will be useful both now and well into the future as improved sharing of data leads to a stronger evidence base for treatment. This book will be of interest to stakeholders across the spectrum of research-from funders, to researchers, to journals, to physicians, and ultimately, to patients.
Author: Jan Bernd Nordemann
Author: Jan Bernd Nordemann
Author: Muhammad Ibn Bashir
Author: Colin Tredoux
Author: Anirban Mazumder
Author: Patrick Capps
Author: Lisa Gitelman
Author: Frans von der Dunk
Author: Christopher Heath
Author: Glenn J. Larrabee
Author: Institute of Medicine