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The Best Data Plan Is To Have A Game Plan: Obstacles And Solutions To Reaching International Data Privacy Agreements, James Y. Wang
The Best Data Plan Is To Have A Game Plan: Obstacles And Solutions To Reaching International Data Privacy Agreements, James Y. Wang
Michigan Technology Law Review
The modern digital world relies on the instantaneous transfer of data. This digital highway is essential for the growth of the modern digital economy and contributes to the rise of globalization. In order to facilitate these data transfers, ground rules must first be put into place. To date, there are few, if any, binding international data privacy agreements. This is in part due to practical considerations, such as high administrability costs, inadequate enforcement agencies, and complex jurisdictional procedures. More fundamentally, however, this is due to competing incentive structures, as countries are incentivized to protect their own digital sovereignty by limiting …
The Ping-Pong Olympics Of Antisuit Injunction In Frand Litigation, King Fung Tsang, Jyh-An Lee
The Ping-Pong Olympics Of Antisuit Injunction In Frand Litigation, King Fung Tsang, Jyh-An Lee
Michigan Technology Law Review
In the past two years, antisuit injunctions (ASIs) and subsequent legal proceedings associated with standard-essential patents (SEPs) subject to fair, reasonable, and nondiscriminatory (FRAND) commitments have proliferated in multiple jurisdictions. This phenomenon reveals not only the transnational nature of technical standards and FRAND-encumbered SEPs but also the jurisdictional tension between different national courts. This Article explains the emergence of ASIs in FRAND scenarios and recent developments in six jurisdictions with major interests in standard development and adoption. Countries have developed different approaches to ASIs based on their own domestic rules and interests. We believe that to promote technical compatibility and …