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Full-Text Articles in Internet Law
Data Localization And Government Access To Data Stored Abroad: Discussion Paper 2, Shanzay Pervaiz, Alex Joel
Data Localization And Government Access To Data Stored Abroad: Discussion Paper 2, Shanzay Pervaiz, Alex Joel
Joint PIJIP/TLS Research Paper Series
The Centre for Information Policy Leadership (CIPL) and Tech, Law & Security Program (TLS) have been collaborating on a project regarding data localization policies. As data localization is increasingly gaining traction, we seek to understand the different dimensions of the impacts and effectiveness of these policies. As part of this collaboration—CIPL published a paper on the “real life” business, societal, and consumer impacts of data localization policies and TLS published the present paper on whether data localization measures are legally effective in achieving one of their main ostensible purposes, i.e., to prevent foreign government access to data.
Securing Patent Law, Charles Duan
Securing Patent Law, Charles Duan
Articles in Law Reviews & Other Academic Journals
A vigorous conversation about intellectual property rights and national security has largely focused on the defense role of those rights, as tools for responding to acts of foreign infringement. But intellectual property, and patents in particular, also play an arguably more important offense role. Foreign competitor nations can obtain and assert U.S. patents against U.S. firms and creators. Use of patents as an offense strategy can be strategically coordinated to stymie domestic innovation and technological progress. This Essay considers current and possible future practices of patent exploitation in this offense setting, with a particular focus on China given the nature …
Trademarks In An Algorithmic World, Christine Haight Farley
Trademarks In An Algorithmic World, Christine Haight Farley
Articles in Law Reviews & Other Academic Journals
According to the sole normative foundation for trademark protection—“search costs” theory—trademarks transmit useful information to consumers, enabling an efficient marketplace. The marketplace, however, is in the midst of a fundamental change. Increasingly, retail is virtual, marketing is data-driven, and purchasing decisions are automated by AI. Predictive analytics are changing how consumers shop. Search costs theory no longer accurately describes the function of trademarks in this marketplace. Consumers now have numerous digital alternatives to trademarks that more efficiently provide them with increasingly accurate product information. Just as store shelves are disappearing from consumers’ retail experience, so are trademarks disappearing from their …