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The paper provides an analysis of how the Directive (EU) 2019/770 on Digital Content and Digital Services deals with contracts based on the consumer's personal data as counter-performance. It explores the interplay of the Directive and national contract law and discusses the economic...
Persistent link: https://www.econbiz.de/10012826568
The paper explores whether a party under a contract is obliged to grant the other party access to data it has collected in the course of the contract. The paper is based on an analysis of European and German law and provides the basic insights from law and economics of contract law. Whether a...
Persistent link: https://www.econbiz.de/10013233104
The chapter “Jurisdiction” of the International Law Association’s Guidelines on Intellectual Property and Private International Law (“Kyoto Guidelines”) provides where international intellectual property claims can be brought to court. It defines the basic forum at the defendant's...
Persistent link: https://www.econbiz.de/10013214737
The paper offers a first systematic analysis of the 76 decisions and opinions of the European Patent Office (EPO) Enlarged Board of Appeal and Board of Appeals making explicit reference to the interpretation criteria of the Vienna Convention of the Law of Treaties (VCLT). It explores whether the...
Persistent link: https://www.econbiz.de/10012828418
Data is at the heart of the ongoing digital transformation of the economy and society. In many different ways, access to data is becoming a precondition for innovating and for competing effectively. Against this background, both the European and the German legislator are striving to develop a...
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