Monthly Archives: March, 2024
Sydney Hancock, ‘What’s Not Natural Phenomena? Let’s Consider a Three-Step Innovative Concept Test for Composition of Matter Claims’
ABSTRACT Biotechnology innovation is rapidly growing, especially in the realm of biotech. This growth leads to questions about patent subject matter eligibility of natural phenomena. For example, currently the human genome and microbiome are being extensively studied, bacteriophages are being edited, animals are being cloned, and CRISPR is widespread. Additionally, composition of matter patent claims […]
‘Clarifying the Doctrine of Probate Standing’
David Horton, ‘Probate Standing’, 122 Michigan Law Review (forthcoming 2024), available at SSRN (August 7, 2023). Probate cases often arise from a complicated web of relationships between the decedent and family members, friends, caretakers, fiduciaries, and other parties. When the facts of a given case are especially complex, it is sometimes helpful to draw a […]
‘Proposals to Reform the British Museum Act Continue to Fall Under the Shadow of the Marbles’
In 2022, the then UK Prime Minister (the antepenultimate Prime Minister of recent times) responded to calls for the return of the Parthenon Marbles to Greece by saying that it is for the trustees to decide. However, even if the trustees considered it appropriate to return them, Parliament would still need to give them the […]
Yun-chien Chang, ‘“Never Enough”: Responses to Three Book Reviews’
ABSTRACT This essay responds to the critiques and observations made in the book reviews of Property Law: Comparative, Empirical, and Economic Analyses (Cambridge University Press, 2023) by Thomas Merrill, Katrina Wyman, and Weilin Xiao. These respected scholars, spanning three generations, have raised significant queries regarding the advancement of the book’s innovative comparative methodology, the employment of […]
‘Works of applied art – the difference between design and copyright law’
In 2011, the Court of Justice of the EU (CJEU), for the first time, had to decide on issues revolving around the protection of different categories of works under European copyright law. In Painer (C-145/10), a pillar of copyright law since then, the CJEU held that copyright protection must be given a ‘broad interpretation’ (para […]
Hannes Henke, ‘Contract Law in Germany,’
ABSTRACT Contract law in Germany is regulated by the German Civil Code, which is over 120 years old. Nevertheless, contract law in particular has been the subject of far-reaching reforms since the beginning of the 2000s, such as through the Act on the Modernisation of the Law of Obligations of 2001. About 20 years later, […]
Rishi Gulati, ‘Access to justice and multinational corporations: promoting privately driven transnational hybrid adjudication’
ABSTRACT This chapter focuses on the delivery of justice to victims of corporate conduct through privately driven transnational hybrid dispute resolution mechanisms. The advent of such mechanisms is now evident through the creation of Meta’s Oversight Board (‘OSB’). How to incorporate such privately driven justice mechanisms in more conventional forms of legal ordering is an […]
Jurkevičius, Šeputaitė and Bublienė, ‘Towards sustainable fiduciary duties in private law’
ABSTRACT In private law, fiduciary duties are in general linked to fiduciary relationships, ie, when a fiduciary relationship exists, the parties are deemed to have corresponding fiduciary duties. However, this study shows that fiduciary relationships and fiduciary duties should not always be equated. This article seeks, first of all, to shed light on the interplay […]
‘Case C-479/22 P, Case C-604/22 and the limitation of the relative approach of the definition of “personal data” by the ECJ’
On 7 March 2024, the ECJ released two very important decisions on the extent of the definition of ‘personal data’ under EU data protection law in cases C-479/22 P and C-604/22. The latter case involves a Belgian non-profit organisation called IAB Europe which designed a tool, a framework called TCF, with the purpose of enabling […]
Georgiadis and Poels, ‘Establishing a Comprehensive Privacy Impact Assessment Methodology for Big Data Analytics in Compliance with the General Data Protection Regulation’
ABSTRACT In today’s digital world as data analytics (BDA) gains increasing significance it is vital to have robust strategies for safeguarding privacy and data protection. This paper focuses on improving the impact assessment of data protection (DPIA) in the realm of BDA and aligning it with the principles of the General Data Protection Regulation (GDPR). […]