Legal Issues in the Digital Age最新文献

{"title":"Key Issues in the Intellectual Property Court’s Presidium Rulings","authors":"M. Kolzdorf, Natalia Kapyrina, Nikolai Goloiad","doi":"10.17323/2713-2749.2024.1.78.97","DOIUrl":"https://doi.org/10.17323/2713-2749.2024.1.78.97","url":null,"abstract":"The comment reviews key positions in the rulings of the Presidium of the Russian Intellectual Property Court (IPC) issued between July and September of 2023. The Chamber hears cassation appeals against the decisions of the IPC first instance and deals primarily, but not only, with matters of registration and validity of industrial property rights. Therefore, the review predominantly covers substantive requirements for patent and trademark protection, as well as procedural issues both in the administrative adjudicating mechanism at the Patent office (Rospatent) and at the IPC itself. The current review encompasses a variety of topics related to trademark law, patent law and various procedural matters.","PeriodicalId":410740,"journal":{"name":"Legal Issues in the Digital Age","volume":"46 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140742985","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":"Acceptance of Goods and Services under the Contractual System: Regulation and Digitization Issues","authors":"Larisa Pakhomova","doi":"10.17323/2713-2749.2024.1.19.36","DOIUrl":"https://doi.org/10.17323/2713-2749.2024.1.19.36","url":null,"abstract":"It is relatively recently that the way goods and services (GS) are accepted in the contractual system has become a focal point of research. It was prompted by the changes to the contractual system law introduced mandatory e-certification since 1 January 2022. However, while the process of e-certification as enshrined now in the law on contractual relationships was in the limelight, the concept of e-acceptance, definitions of actual and documentary acceptance and other issues were largely left out. A study of how acceptance is regulated under the national law shows a lack of systemic approach to the e-certification procedure in the law on contractual relationships, a need to put in place an acceptance procedure and to ensure public and municipal customers’ satisfaction with the quality of goods and services they purchase. The paper provides an overview of research on specific aspects of GS acceptance in the contractual system and identifies its place in the process of contractual performance. It is proposed to have a special terminology in the effective contractual relationships law for defining GS acceptance based on its purpose and identifying structural elements. A new approach to contract execution regulating actual and documentary acceptance as part of e-certification needs to be adopted. With regard to digital solutions required for e-certification, technological aspects are discussed with a view to possible regulation. It is equally proposed to formalize e-certification in the contractual system as a possible model for applying the block chain technology for the public (municipal) procurement system. An analysis of digital processes that support e-certification in the contractual system suggests a need to provide a link between technological and legal aspects of e-certification. The author also proposes a number of block chain related issues to be discussed with relation to the e-certification system. ","PeriodicalId":410740,"journal":{"name":"Legal Issues in the Digital Age","volume":"45 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140743223","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":"Artificial Intelligence in the French Law of 2024","authors":"Alain Duflot","doi":"10.17323/2713-2749.2024.1.37.56","DOIUrl":"https://doi.org/10.17323/2713-2749.2024.1.37.56","url":null,"abstract":"The use of artificial intelligence in France is growing and intensifying in many areas, particularly in the field of justice. French President Macron has made it one of his government’s priorities to build on these assets and make France a world leader in AI. In parallel, the French government has deployed some efforts towards anticipating the regulatory challenges related to AI, the “National Strategy for Artificial Intelligence” launched as part of «France 2030» . As an illustration of the developments in artificial intelligence and its specific regulation, the French parliament passed a law to ensure the proper conduct of the 2024 Olympic and Paralympic Games (Law N° 2023-380 of 19.05.2023). The law permits the use of the experimental “augmented video-protection” technology, which uses cameras equipped with AI systems to detect and report specific events in real time. French regulations begin already now in the area of justice and must continue in the fields of AI liability and intellectual property. AI is a source of fears, particularly for the respect of human rights, and requires a very elaborate legal and ethical environment that is flexible enough to avoid slowing down the development of AI. The AI Liability EU Directive complements the Artificial Intelligence Act by introducing a new liability regime that ensures legal certainty, enhances consumer trust in AI, and assists consumers’ liability claims for damage caused by AI-enabled products and services. But the new European AI Act does not resolve all issues that therefore need to be addressed nationally. ","PeriodicalId":410740,"journal":{"name":"Legal Issues in the Digital Age","volume":"12 19","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140745712","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":"Regulating Artificial Intelligence: A Study in the Comparison between South Asia and Other Countries","authors":"Mahmud Hasan","doi":"10.17323/2713-2749.2024.1.122.149","DOIUrl":"https://doi.org/10.17323/2713-2749.2024.1.122.149","url":null,"abstract":"Any regulation, law, or legal order enforced by the lawful authority of a territory to maintain, control, and regulate the characteristics, development, and public interaction of an artificial entity developed in a digital manner can be called AI legislation. The paper presents a comparative analysis of the regulatory landscape for artificial intelligence in the South Asian countries in relation to other selective countries and organizations globally, in light of the challenges encountered in regulating AI in the region. Furthermore, the study demonstrates that South Asian nations have experienced a significant and persistent legal disparity in comparison to other global regions, which has been both involuntary and inequitable. The paper presents an argument for the regulation of artificial intelligence and offers suggestions for South Asian countries to effectively regulate AI despite challenges related to its design and economic limitations.","PeriodicalId":410740,"journal":{"name":"Legal Issues in the Digital Age","volume":"20 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140743792","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":"Sharing Radio Spectrum for Research and Innovation","authors":"J. Dumortier, I. Bogdanovskaya, N. Vandezande, Mikail Yakushev","doi":"10.17323/2713-2749.2021.4.34.69","DOIUrl":"https://doi.org/10.17323/2713-2749.2021.4.34.69","url":null,"abstract":"In most countries academic researchers have access to advanced academic telecommunications networks and infrastructures to test and demonstrate the results of their research work. These networks are usually funded by national or regional public authorities. To provide access to the academic networks on a wider scale, European and international collaboration initiatives have been taken. For the fixed network environment this may suffice but the situation is different in the wireless context, partly because here, researchers must, in one way or another, obtain spectrum usage rights. Today spectrum usage rights can be quite easily obtained in the restricted territorial space of a testbed. Yet, small-scale testbeds are not sufficient anymore for realistic validation, and the scientific community today needs large-scale field deployments working with the same radio spectrum as the commercial networks and capable of supporting new technologies and services. The evolution from lab testbeds to field deployments is required to increase the validation capabilities for complex systems like connected cars, massive Internet of Things (IoT) or eHealth solutions. Appropriate frequency bands, needed by researchers to carry out, for example, large-scale 5G experiments, are generally allocated via auctions and on an exclusive basis to large mobile network operators. While it is perfectly feasible for these MNOs to keep dedicated slices for tests and demonstrations in their networks separate from their day-to-day operations without negative effects for the latter, there are few regulatory mechanisms for stimulating MNOs to make parts of their spectrum usage rights available for the academic research community. All EU Member States allow short-term licenses for the use of radio spectrum for research, testing, and experimental purposes, but procedures, requirements, and costs for obtaining such license vary significantly. These national differences do not allow for the creation of a persistent and pan-European network of wireless capacity for research, testing, and experimental purposes. On the secondary market, leasing or transferring radio spectrum usage rights is possible, and procedures seem more harmonized.","PeriodicalId":410740,"journal":{"name":"Legal Issues in the Digital Age","volume":"180 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123192559","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":"Personal Legal Status in Context of Technology-Driven Social Experiment","authors":"M. Cheremisinova","doi":"10.17323/2713-2749.2021.4.3.33","DOIUrl":"https://doi.org/10.17323/2713-2749.2021.4.3.33","url":null,"abstract":"Based on the study of relevant research findings, law enforcement practices and content analysis, the paper identifies the peculiarities of social and legal environment reflecting the experimental nature of life of a modern society. The mutual effects of technologies, social relationships and legal regulations are discussed. It is stated that technologies which initially had an uncertain impact (social, economic, political and legal) have set an evolutionary development trend of modern societies worldwide, only to justify the insight into evolving conditions in which the personal legal status is implemented. In identifying the nature of technological revolution at the current stage, a conclusion is made on the implementation of a vast majority of social relationships in context of technology-driven social experiment. The legal features of this experiment making it different from the previous stages of the technological progress are identified, and the importance of convergence of the community and digital technologies to set directions for development of the law is underlined. Special attention is paid to the category of the personal legal status and aspects of its protection. The factors of its transformation in the given context are studied and the impact of the experiment’s legal features on the personal legal status is demonstrated. The paper is aimed at proposing solutions to the issue of preserving legal status of a person as a legitimate party to social and technological processes protected from technocratic manifestations, endowed with the right of choice and opportunities to exercise it. In terms of methodology, the study is based on both general and particular research methods. The former include structured and historical methods while the latter — formal legal method and logical cognitive tools such as analysis, synthesis, induction, deduction. It is proposed to expand the field of application of legal experiment to keep pace with the social relationships dynamics in the context of technological change, help maintain the guarantees related to the established rights and liberties and also contribute to the development of well-balanced legal controls.","PeriodicalId":410740,"journal":{"name":"Legal Issues in the Digital Age","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134513219","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":"Judicial Protection of Intellectual Property Rights in a Digital Economy: Is There a Need for Change?","authors":"N. Buzova, M. Karelina","doi":"10.17323/2713-2749.2021.4.130.142","DOIUrl":"https://doi.org/10.17323/2713-2749.2021.4.130.142","url":null,"abstract":"The paper looks at improving the judicial system in Russia facing the rapid technological change of modern society in which new relationships are largely associated with different areas of intellectual property. Today biotechnology, digital rights, computer programs and scientific research materials have become widely used in civil circulation and their intellectual property rights should be effectively protected. The paper discusses different issues of protecting intellectual rights provided for by the Civil Code of the Russian Federation, aimed at both suppressing and preventing their infringement, and assesses the statistical indicators of the courts. The practice of the Intellectual Property Rights Court and the Moscow City Court shows that specialization yields positive results. The selection of judges, their professional development including their distinctive competencies in addition to legal ones, also help to find effective ways of resolving intellectual property disputes. With the protection of intellectual property rights being of great concern not only in Russia, but also in most developed countries of the world, their experience has also been thoroughly analyzed. The paper suggests a possible way of improving the judicial system under the current circumstances. Certain changes in the judicial system and the creation of additional specialized intellectual property courts could help to ensure an affordable, legitimate and effective mechanism for resolving disputes related to the violation of intellectual property rights.","PeriodicalId":410740,"journal":{"name":"Legal Issues in the Digital Age","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125118976","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":"On the Definition, Legal Essence and Classification of Electronic Information Used Within the Framework of International Cooperation in Criminal Matters","authors":"K. Klevtsov","doi":"10.17323/2713-2749.2021.4.114.129","DOIUrl":"https://doi.org/10.17323/2713-2749.2021.4.114.129","url":null,"abstract":"The article is devoted to the analysis of such a complex and multifaceted legal phenomenon as „electronic information“. The aim of the research is to define the concept and legal nature of such information. The analysis is based on materialistic dialectics, legal hermeneutics, special and comparative legal methods, a sociological approach and a forecasting method. The study shows that the doctrine and practice lacks a unified approach to understanding electronic information in criminal cases, often the concept of „electronic information“ is confused with „electronic evidence“, while losing sight of its criminal procedural application. Author comes to the conclusion that there is no legislative definition of the concept of “electronic evidence” and it is still possible to operate with the term “electronic information” today, taking into account its cross-disciplinary purpose, respectively, the author’s definition of this concept is proposed. In addition, an attempt was made to determine the types of electronic information in criminal cases, including those requested in the framework of international cooperation, namely, the provision of mutual legal assistance. As an empirical basis for the study, we used the materials contained in the Practical Guide for Requesting Electronic Evidence from Other Countries, prepared jointly by the UN Office on Drugs and Crime, the Executive Directorate of the UN Security Council Counter-Terrorism Committee and the International Association of Prosecutors in collaboration with the EuroMed Justice programs and Euromed Police.","PeriodicalId":410740,"journal":{"name":"Legal Issues in the Digital Age","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131042441","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":"Legal Basis for Remote Sale of Medicines in the Russian Federation","authors":"A. Kornienko, N. Neretina","doi":"10.17323/2713-2749.2021.4.98.113","DOIUrl":"https://doi.org/10.17323/2713-2749.2021.4.98.113","url":null,"abstract":"The topic of the article is very relevant, first of all, due to the fact that today the development of the information and telecommunication services market involves almost all areas of people’s life in the field of e-commerce. Until April 2020, it was not possible to purchase a medicinal product online on the territory of the Russian Federation due to the lack of a regulatory legal framework regulating such a mechanism. However, at the moment, the relevant legislation has entered into force, regulating in detail the sale of medicines in a remote format. Taking into account the presented circumstances, it seems to us that the issue of studying new legislative acts in the field of remote sale of medicines on the territory of the Russian Federation is largely being updated. The subject of the article is the mechanism of legal regulation of remote sale of medicines in Russia. The purpose of the study is to identify the problems of legal regulation of the process of remote sale of medicines in the Russian Federation at the present stage. This research is based on a combination of groups of classical general scientific methods (induction, deduction, analysis, synthesis) and a number of special methods of scientific cognition applied directly within the framework of legal science (formal legal, comparative legal and others). Within the framework of the presented article, the authors carried out a conceptual analysis of the features of the legal regulation of the sale of medicines using remote technologies, taking into account the latest changes in legislation. The specifics of remote trade in prescription and over-the-counter drugs, as well as the peculiarities of labeling of medicines on the territory of the Russian Federation, are analyzed. As a result of a comprehensive study of current trends in regulatory regulation and justification of possible methods for improving the systems for issuing electronic prescriptions, as well as mandatory labeling of medicines, a conclusion is made about the possibility of further development of remote trade in medicines in the Russian Federation.","PeriodicalId":410740,"journal":{"name":"Legal Issues in the Digital Age","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124795845","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":"Understanding the Algorithm: Meaning, Socio-Legal Context and Concerns","authors":"Nabil Ahmad Afif, Reeta Sony A.L.","doi":"10.17323/2713-2749.2021.4.70.97","DOIUrl":"https://doi.org/10.17323/2713-2749.2021.4.70.97","url":null,"abstract":"At present, algorithms are becoming the heart of society by taking control over the decision-making process as societies are increasingly getting digitalised. There is a consistent theme that an unaccountable, black box technology has taken over the stage and is now making decisions for us, with us, and about us. But the contention around public participation in making decisions in science and technology needs to advance to a stage where there is a more direct conversation between the public and those developing the technologies. With the above mentioned conception of moderating emerging technologies’ development, primarily digital technology due to its overreaching effects on humans and what humans interpret it to be. Firstly, the research through a literature survey is aimed to understand the meaning and nuances of the word algorithm. Then the analysis based on case study is focused on the algorithmic questions, such as bias, privacy, design, transparency, and accountability. In a larger context, concerns over jobs, ways of social interactions, etc., had been discussed, since these concerns are the result of the application of algorithms. The analysis of academic literature pointed out the vital facet of multiple understanding of the word algorithm. Further, the research also emphasizes the meaning of philosophy and politics in technology and its non-neutral nature.","PeriodicalId":410740,"journal":{"name":"Legal Issues in the Digital Age","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128827285","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}