758 research outputs found

    Sui-Genericide

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    Generic terms – those that describe a general class of goods or services – are not eligible for trademark protection. Firms have historically gone to great lengths to prevent their trademarks from becoming generic – a fate often referred to as genericide. But in a few rare cases, firms have voluntarily declared certain terms that they have created to be generic, a phenomenon that I refer to as “sui-genericide”. This article explores the little-discussed phenomenon of sui-genericide, both its origins in government-sponsored programs of the mid-twentieth century and its most recent incarnation in the area of technical interoperability standards. Though the voluntary relinquishment of the exclusive rights conferred by patents and copyrights has been studied extensively in the literature, there has been comparatively little scholarly attention to such mechanisms under trademark law. This article examines the potential effects of sui-genericide on producer incentives, follow-on innovation and consumer welfare and considers some of the ramifications of incorporating a sui-genericide doctrine into the law. It concludes by recommending potential measures to enhance the legal recognition of declarations of sui-genericide. These include official consideration during trademark prosecution of “consensus” lists of common terms that are developed by broadly-representative industry groups and the creation of a presumption of genericness for terms that appear on such lists, together with international harmonization of this recognition

    Can China Promote Electronic Commerce Through Law Reform? Some Preliminary Case Study Evidence

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    The government of the People’s Republic of China (P.R.C.) has announced its intention to make China a global leader in innovation by 2020. Many Chinese business leaders share this goal. The primary focus of this national strategy is to transform China into an exporter of high-technology products based on Chinese designs rather than merely a low cost, high volume manufacturer of products based on technology developed in other countries. This paper will examine the implications for this strategy with regard to the use of computerized management information systems by Chinese businesses, and its relationship to recent law reform efforts intended to promote greater use of electronic commerce among Chinese businesses. This paper considers three case studies of recent reforms of P.R.C. commercial law in light of their contributions to this strategy, and finds that the results so far are quite mixed. The first case study looks at a domestic standard for accounting software issued in 1989 that successfully removed obstacles to the greater use of computerized accounting systems by local businesses and promoted the growth of the domestic accounting software industry. The second and third case studies involve P.R.C. legislation based on model laws developed by United Nations Commission on International Trade Law (UNCITRAL) developed to assist legislators in trading nations to harmonize their national commercial laws in order to eliminate barriers to international trade. The second case study looks at the inclusion of general electronic commerce enabling legislation in the 1999 Contract Law which in theory removed impediments to the use of electronic commerce by Chinese businesses but in reality appears to be too abstract and general to provide much certainty to parties wishing to form contracts using electronic media. The third case study looks at the 2004 Electronic Signature Law which promotes the use of a specific type of technology for authentication. While it is too soon to know whether this law will achieve its intended objectives in China, evidence from other countries with similar laws suggests that it may not

    Tutorial: Identity Management Systems and Secured Access Control

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    Identity Management has been a serious problem since the establishment of the Internet. Yet little progress has been made toward an acceptable solution. Early Identity Management Systems (IdMS) were designed to control access to resources and match capabilities with people in well-defined situations, Today’s computing environment involves a variety of user and machine centric forms of digital identities and fuzzy organizational boundaries. With the advent of inter-organizational systems, social networks, e-commerce, m-commerce, service oriented computing, and automated agents, the characteristics of IdMS face a large number of technical and social challenges. The first part of the tutorial describes the history and conceptualization of IdMS, current trends and proposed paradigms, identity lifecycle, implementation challenges and social issues. The second part addresses standards, industry initia-tives, and vendor solutions. We conclude that there is disconnect between the need for a universal, seamless, trans-parent IdMS and current proposed standards and vendor solutions

    Digital Rights Management and Consumer Acceptability: A Multi-Disciplinary Discussion of Consumer Concerns and Expectations

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    The INDICARE project – the Informed Dialogue about Consumer Acceptability of DRM Solutions in Europe – has been set up to raise awareness about consumer and user issues of Digital Rights Management (DRM) solutions. One of the main goals of the INDICARE project is to contribute to the consensus-building among multiple players with heterogeneous interests in the digital environment. To promote this process and to contribute to the creation of a common level of understanding is the aim of the present report. It provides an overview of consumer concerns and expectations regarding DRMs, and discusses the findings from a social, legal, technical and business perspective. A general overview of the existing EC initiatives shows that questions of consumer acceptability of DRM have only recently begun to draw wider attention. A review of the relevant statements, studies and reports confirms that awareness of consumer concerns is still at a low level. Five major categories of concerns have been distinguished so far: (1) fair conditions of use and access to digital content, (2) privacy, (3) interoperability, (4) transparency and (5) various aspects of consumer friendliness. From the legal point of view, many of the identified issues go beyond the scope of copyright law, i.e. the field of law where DRM was traditionally discussed. Often they are a matter of general or sector-specific consumer protection law. Furthermore, it is still unclear to what extent technology and an appropriate design of technical solutions can provide an answer to some of the concerns of consumers. One goal of the technical chapter was exactly to highlight some of these technical possibilities. Finally, it is shown that consumer acceptability of DRM is important for the economic success of different business models based on DRM. Fair and responsive DRM design can be a profitable strategy, however DRM-free alternatives do exist too.Digital Rights Management; consumers; Intellectual property; business models

    Cross-border Civil Litigation in the EU: What Can We Learn From COVID-19 Emergency National e-Justice Experiences?

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    Free movement of people, goods, services, and capital in Europe requires well-functioning cross-border dispute resolution mechanisms. Many initiatives have been taken over time by the EU institutions and Member States, both introducing legal instruments and developing information and e-justice technologies to support cross-border judicial litigation and cooperation. Unfortunately, the results so far achieved do not seem to be adequate to the needs of our increasingly inter-connected society. Adding to this, the first wave of COVID-19 emergency measures brought court-based dispute resolution to a grinding halt. All around Europe, court buildings have been closed to the public, hearings suspended, and only emergency cases carried out. Some hope though seems to come from this bleak moment. The breakdown of existing practices, and the need to ensure the justice service provision required for our societies' functioning, resulted in many local and national initiatives to reconfigure the justice service. It provided the occasion to experiment with remote justice service provision and explore possibilities to reconfigure technologies and tools, which in many cases had been available for years, to permit remote working, hearings and legal communication. While most of the experiences have been carried out within the national boundaries, they provide the occasion for rethinking cross-border judicial procedures outside their traditional schemas. Building on this, taking stock of pre-COVID-19 EU cross border judicial services situation, this paper explores EU Member States e-justice emergency measures and attempts to stimulate the discussion on their potential for innovation in cross border judicial proceedings

    The evaluation of E-business related technologies in the Railway Industry

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    For the purposes of this paper, e-business is defined as: "the performance, automisation and organisation of transactions, or chains of them, and the gathering and publishing of data, electronically over a communication protocol" Little research has been conducted either into how e-business technology can be successfully evaluated, or into the associated costs and benefits specifically related to the transportation and railway industries. Based upon a review of the current literature and a series of interviews held with railway operators, track managers and transportation customers from the Australian Fortune 100, the paper puts forward a framework for the evaluation of e-business investments within the railway industry. The research reported here is aimed at developing a flexible interface that enables the decision maker to assess and evaluate a wide variety of complex interacting variables. The proposed approach uses a variety of evaluation methods, as opposed to searching for a single "best" approach. Additionally, an attempt is being made to include the complex interaction between the implementation of the new technology and the changing organisational setting. A model is proposed using fuzzy logic to handle incomplete and uncertain knowledge; as well as to combine criteria within a conceptual model from which "real-worth" evaluations can be performed. This model provides a systematic approach to guide the decision maker in the deployment of e-business and emerging technologies in the industry. After discussing the main findings from a literature review on the use of evaluation frameworks in IT related projects, the paper deals with the proposed framework in detail. The use of empirical data, which was obtained transportation customers to help define the main framework factors, is also discussed. Finally, the paper summarises the main implications for rail freight of customers’s perceptions and stated needs in the e-business domain
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