Innovation Law & Policy eJournal最新文献

{"title":"Anti-Suit Injunctions and Jurisdictional Competition In Global FRAND Litigation: The Case For Judicial Restraint","authors":"J. Contreras","doi":"10.2139/ssrn.3899923","DOIUrl":"https://doi.org/10.2139/ssrn.3899923","url":null,"abstract":"The proliferation of international jurisdictional conflicts and competing “anti-suit injunctions” in litigation over the licensing of standards-essential patents has raised concerns among policy makers in the United States, Europe and China. This article suggests that national courts temporarily “stand down” from assessing global “fair, reasonable and nondiscriminatory” (FRAND) royalty rates while international bodies develop a more comprehensive, efficient and transparent methodology for resolving issues around FRAND licensing.","PeriodicalId":302796,"journal":{"name":"Innovation Law & Policy eJournal","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129794914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Blackhole Prevention Techniques Using Machine Learning","authors":"Rajwinder Kaur, Jasminder Kaur Sandhu, Meenakshi Pundir, Aina Mehta","doi":"10.2139/ssrn.3884733","DOIUrl":"https://doi.org/10.2139/ssrn.3884733","url":null,"abstract":"Wireless Sensor Network (WSN) is a collection of tiny devices known as sensor nodes that are deployed in the sensing region of the geographical area. The other name of sensor nodes is motes. In the networking area, one sensor node acts as a sender and the destination mote acts as a receiver. Whenever data is transfer within the network then main focus is to maintain security of data. We cover all the main points and security requirements that are important to manage while transferring the data from one node to another node. Mainly, we focus on the DoS attacks that may occur on the network layer named Blackhole as well as discussed the proposed Machine Learning approaches to handle this attack. We cover the research from 2014 to 2020 onwards. This paper mainly focused on the Blackhole security attack; security is important at the node level as well as data recovery point of view when data is transfer from the source node to the destination node. Machine Learning is the process where the model is trained based on experience and past data. Moreover, WSNs are difficult to manage or design but network design is easy with the help of ML. The main aim of this paper is to cover the ML approaches to handle the Blackhole attack.","PeriodicalId":302796,"journal":{"name":"Innovation Law & Policy eJournal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114354279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Effect of Coordination Requirements on Sourcing Decisions: Evidence from Patent Prosecution Services","authors":"George Chondrakis, E. Melero, M. Sako","doi":"10.2139/ssrn.3878999","DOIUrl":"https://doi.org/10.2139/ssrn.3878999","url":null,"abstract":"Although the link between coordination requirements and vertical integration is theoretically well established, empirical tests of this relationship are hard to implement due to the simultaneous determination of both variables. In this study, we take advantage of regulatory changes in patent prosecution in the US to provide plausibly causal evidence linking increases in coordination requirements with insourcing. Moreover, we examine the role of plural sourcing, the simultaneous use of internal and external sourcing, when responding to changes in coordination requirements. We find that the move towards insourcing is more pronounced for plural sourcing firms as compared to firms relying on outsourcing. These results are consistent with the view that plural sourcing provides firms with flexibility to switch between sourcing modes when facing changing coordination requirements.","PeriodicalId":302796,"journal":{"name":"Innovation Law & Policy eJournal","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124990863","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Legal Analysis of the Use of Innovative Technology in the Promotion of Financial Inclusion for Low-Income Earners in South Africa","authors":"Howard Chitimira, Phemelo Magau","doi":"10.17159/1727-3781/2021/v24i0a10740","DOIUrl":"https://doi.org/10.17159/1727-3781/2021/v24i0a10740","url":null,"abstract":"The promotion of financial inclusion is important for the combating of financial exclusion in many countries, including South Africa. Nonetheless, most low-income earners living in rural areas and informal settlements are still struggling to gain access to basic financial products and financial services in South Africa. This status quo has been caused by a number of factors such as the absence of an adequate financial inclusion policy, the geographical remoteness of financial institutions to most low-income earners, rigid identity documentary requirements, a lack of access to reliable and affordable Internet connection by low-income earners living in informal settlements and rural areas, a lack of financial illiteracy, the high costs of financial services, unemployment and poverty, over-indebtedness, and cultural and psychological hindrances to low-income earners in South Africa. Consequently, these factors have somewhat limited the access to financial services offered by financial institutions to low-income earners living in rural areas and informal settlements. In many countries, including South Africa, the financial sector is relying on innovative technology, especially in banking institutions, to aid in the offering of financial services to their customers. It is against this background that this article discusses selected legal and related challenges affecting the regulation and use of innovative technology to promote financial inclusion for low-income earners in South Africa. The article further discusses possible measures that could be adopted by the government, financial institutions and other relevant regulatory bodies to promote the use of innovative technology to combat the financial exclusion of low-income earners in South Africa.","PeriodicalId":302796,"journal":{"name":"Innovation Law & Policy eJournal","volume":"127 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115559479","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Submission to Inquiry into Privacy and Personal Information Protection Amendment Bill 2021","authors":"Lyria Bennett Moses, Monika Zalnieriute","doi":"10.2139/ssrn.3868691","DOIUrl":"https://doi.org/10.2139/ssrn.3868691","url":null,"abstract":"This Submission to NSW Department of Communities and Justice Inquiry into Privacy and Personal Information Protection Amendment Bill 2021, focuses on aspects of the Bill on which our research can shed light and is limited to: 1. reasons why we support a Mandatory Notification of Data Breach Scheme (MNDB scheme); 2. a suggestion for reframing the “serious harm” threshold in the definition of “eligible” data breach; 3. a suggestion to incorporate reflection on the extent to which encryption is protective in section 59G(c); and 4. a suggestion to remove “date of birth” from section 59Q(1). Our submissions reflect our views as researchers and is not an institutional position of UNSW Sydney, Allens or any other organization.","PeriodicalId":302796,"journal":{"name":"Innovation Law & Policy eJournal","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115304102","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Research Framework for Intellectual Property and Environmental Law","authors":"Joshua D. Sarnoff","doi":"10.1093/oso/9780198826743.003.0012","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0012","url":null,"abstract":"This chapter seeks to situate some methodologies for research at the intersection of intellectual property (IP) law and environmental law within a broader context of methodological analyses that are brought to law and legal problems. These methodological forms include historical, doctrinal, theoretical, empirical (often economic, psychological, and sociological), and other types of analyses (including public choice theory and big data analyses). Both fields are situated within a broader context of legal understanding, which requires extensive familiarity with, among other things: (1) legislation and administrative regulation and practices; (2) individual and market behaviours; (3) how laws and regulatory actions affect those behaviours; and (4) the consequences of such legal and regulatory interventions. The chapter emphasizes the problem of selecting problems to study, the method of choosing research methods, and the solution to the lack of solutions to date for the identified problems. It provides personal examples of the (necessarily) idiosyncratic choices made along each of these dimensions. The chapter concludes that such choices invariably are based on personal values and theoretical commitments, which others in the relevant evaluative communities will invariably dispute and contest.","PeriodicalId":302796,"journal":{"name":"Innovation Law & Policy eJournal","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114724496","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"COVID-19 and the Role of Intellectual Property: Position Statement of the Max Planck Institute for Innovation and Competition of 7 May 2021","authors":"Reto M. Hilty, P. Batista, Suelen Carls, Daria Kim, M. Lamping, Peter R. Slowinski","doi":"10.2139/ssrn.3841549","DOIUrl":"https://doi.org/10.2139/ssrn.3841549","url":null,"abstract":"In this Statement, the authors take a position on the waiver of intellectual property (IP) protection currently being considered by the members of the World Trade Organisation. The waiver was initiated by India and South Africa as a measure to enable rapid access to affordable medical products that are necessary to combat Covid-19. The initiative gained momentum after the US decided to support it. The authors do not consider this path to be expedient. The Statement presents factual and legal arguments why a comprehensive waiver of IP protection is unlikely to be a necessary and suitable measure towards the pursued objective. Overall, it argues that IP rights may so far have played an enabling and facilitating rather than hindering role in overcoming Covid-19. The global community might not be better off if IP rights are waived, neither during nor after the pandemic. There are more efficient and direct ways to supply developing countries with vaccines quickly – if the industrialised countries are willing to do their share. \u0000 \u0000The Statement can be supported by filling in the form: https://forms.gle/c4kc8m9JE44AwjoJ7.","PeriodicalId":302796,"journal":{"name":"Innovation Law & Policy eJournal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126977788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Google v. Oracle: Copying Declaring Code Is Fair Use","authors":"J. Tran, Kristen Kido","doi":"10.2139/ssrn.3828651","DOIUrl":"https://doi.org/10.2139/ssrn.3828651","url":null,"abstract":"Not all code is created equal—at least not in the majority’s view in Google v. Oracle, handed down on April 5th. In this landmark 6-2 decision, the Supreme Court held that Google’s verbatim reproduction of approximately 11,500 lines of computer programming code from Oracle’s Java library was fair use, and so did not violate Oracle’s copyright. After Google v. Oracle, Sun may as well change its slogan to: write once, copy anywhere. Given the prolific use of APIs, programmers, developers, and others who want to use their acquired knowledge and experience with software interfaces in subsequent platforms would rejoice in the Court’s decision. They can now use APIs without worry. So long as a party can demonstrate that it has not made use of the “expressive” implementing code, and that its use has furthered the development of new products, then it may well succeed under a fair use defense following this precedent, even if the volume of code copied is significant. This opens the door to a much freer exchange of coding packages, making new product development faster and easier. One would expect to see more copying, more cases, and more claims of fair use. Lower courts will doubtlessly ponder this decision’s implications as they apply it to the never-ceasing tide of fights over the limits of the reuse and redeployment of software code. On the other hand, software creators may have lost what little protections they have on their software, which may—counter to the Court’s intent—result in less software innovation. The Court has somewhat sidelined declaring code as far as copyright protection is concerned, thereby de-incentivizing further development of code with perhaps better functional and organizational capacity than Java’s API because of the possibility of its “fair-use” by another company at zero cost or repercussion. Further, the Court may have declared that mobile platforms are both a distinct programming entity and a distinct market from desktops and laptops. Whether you side with the majority or dissent here depends, in part, on how literally you take the saying that a smartphone is like “a computer in your pocket.” In future cases where transformative use or market interference is at issue, this opinion’s strong language may serve as precedent for parties to argue that mobile technology is in a realm on its own. In any case, under this holding, copying the very building blocks of the Java API is, as it was, fair game.","PeriodicalId":302796,"journal":{"name":"Innovation Law & Policy eJournal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130358786","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"What to Do With Leftovers: Collecting Earmarked Donations Through Mobile Payment Apps","authors":"M. Polk","doi":"10.2139/SSRN.3772517","DOIUrl":"https://doi.org/10.2139/SSRN.3772517","url":null,"abstract":"With the rise in mobile payment applications, charitable donations using these platforms are increasing; equally, the use of a conduit between a donor and a charity to solicit and collect donations for the charity's benefit is growing. If a charity is overfunded or the charitable purpose is no longer available, the conduit is caught holding a pool of designated donations without the ability to contact the donors for permission for a similar or alternate use. Using the Internal Revenue Code requirements, the authority and regulations are not apparent for a charitable contribution through a conduit, particularly not for a conduit’s use of a mobile payment application. Part I of this Comment provides an overview of the conduit situation and the complications that arise. Part II introduces the requirements of a charitable contribution and the services that mobile payment applications offer. Part III analyzes three donation methods: a contribution directly to a 501(c)(3) organization, a contribution to an individual, and a contribution to a 501(c)(3) organization through an individual. Part IV examines the potential solutions to the issue of overfunded charities and the motivations behind each. Finally, Part V offers a brief overview of the prevalence of the issue and the future of mobile payment applications. The interaction of the detailed requirements of the Internal Revenue Code for a charitable contribution and mobile payment applications’ privacy policies, without clear authority or direction on the specific conduit situation, has the potential to be problematic and challenging for the contributor, conduit, charitable organizations, and mobile payment applications.","PeriodicalId":302796,"journal":{"name":"Innovation Law & Policy eJournal","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125831577","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"What is the Current Formal Legal Environment for Foreign Companies in China in the Light of the Phase 1 Trade Agreement? Intellectual Property Rights (IPRs) Protections for Foreign Direct Investment (FDI) in Mainland China","authors":"Meilin Lyu","doi":"10.2139/ssrn.3759055","DOIUrl":"https://doi.org/10.2139/ssrn.3759055","url":null,"abstract":"This thesis employs doctrinal legal analysis method by using laws, regulations and legal theories, to evaluate the current protections of intellectual property rights for foreign investors in mainland China. In this thesis, it compares the current Chinese laws and regulations on intellectual property protections with its international Fair and Equitable Treatment principles, previous laws, and Phase 1 Trade Agreement. It concludes that Phase 1 Trade Agreement has been implemented mostly in the current Chinese laws, which also have been improved fundamentally to protect foreign investors’ interests and rights. However, given the backgrounds on rule of law in China, this thesis also recognises the formations of Chinese laws are different from those perceived by the Western societies. Therefore, even China has strive to cohere the standards of international investment law, its laws are still relatively lacking of preciseness and predicability, clarity and effective enforcement.","PeriodicalId":302796,"journal":{"name":"Innovation Law & Policy eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122244098","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}