A Competition-Law-Oriented Look at the Application of Data Protection and IP Law to the Internet of Things: Towards a Wider ‘Holistic Approach’

Ciani, Jacopo

doi:10.1007/978-3-662-57646-5_9

Cited by 4 publications

(1 citation statement)

References 36 publications

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“…In terms of IP law, the digitization and digitalization generate a huge amount of IP-registerable or IP-registered data. For example, the interoperability information originating from the reverse engineering or decomplication is likely to be protected by patent [8]. Another example is the symbolic music data such as scores, MIDI note lists, and note onset sequences [9].…”

Section: The Traditionally Protected Datamentioning

confidence: 99%

Preliminarily Exploring the Possibility Toward a Holistic Legal Regime for Data Protection

Ma¹

2022

Proceedings of the 2022 International Conference on Science Education and Art Appreciation (SEAA 2022)

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Many jurisdictions have implemented data protective legislations. However, these rules of law accentuate personal data protection and it seems that the safeguard of other valuable data is neglected. Premised on the assumption that other data should be under the equal supervision like personal data, this essay deploys a holistic legal approach to briefly construct a data protective regime that incorporates other traditionally protected data including IP-protected data and confidential data in the specific data legislation for policymakers to regulate data comprehensively and effectively However, is this new regime practically feasible? The feasibility analysis demonstrates that the data within the protection of intellectual property (IP) law and confidential law are constrained to a small amount and the extant legislations have already been adequate to safeguard these data. The sufficiency analysis shows that the new regime is inadequate to safeguard various data and many data are out of its regulation. This essay firstly presents a simple holistic data protective regime that illustrates from the scope, process and enforcement regime aspects. The feasibility analysis is followed from necessity and sufficiency perspectives.

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Section: The Traditionally Protected Datamentioning

confidence: 99%

Preliminarily Exploring the Possibility Toward a Holistic Legal Regime for Data Protection

Ma¹

2022

Proceedings of the 2022 International Conference on Science Education and Art Appreciation (SEAA 2022)

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Big Data, Open Data, Privacy Regulations, Intellectual Property and Competition Law in an Internet-of-Things World: The Issue of Accessing Data

Lundqvist

2018

MPI Studies on Intellectual Property and Competition Law

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Digital Data Protection Laws : A Review

Sreevalli Seetharamu,

Lakshmi Manasa CN,

Anisha Bhattacharya

et al. 2024

Int J Sci Res Sci Eng Technol

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Over the past couple of years, India has noted the significance of digital data and its protection. This article talks about the arising and present regime of India’s laws on digital data protection, specifically diving into the Digital Personal Data Protection Act, 2023. This act has tried to balance the scales between individual privacy rights and the economic growth that needs to be brought about by data-driven economic progress. A comparative study regarding data protection laws in the UK and US have been established, and this has been compared with DPDP 2023 in order to provide suggestions for improvements for the act. This paper examines various provisions, objects, and shortcomings of the DPDP Act, bringing into sharper focus areas of concern, notably government exemptions, data localization, and inadequacies in regard to a strong data protection authority. The article concludes with comparative analysis to shed light on strengthening the data protection regime in India and also makes some recommendations for future legislation in the light of emerging technologies like AI.

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A Competition-Law-Oriented Look at the Application of Data Protection and IP Law to the Internet of Things: Towards a Wider ‘Holistic Approach’

Cited by 4 publications

References 36 publications

Preliminarily Exploring the Possibility Toward a Holistic Legal Regime for Data Protection

Preliminarily Exploring the Possibility Toward a Holistic Legal Regime for Data Protection

Big Data, Open Data, Privacy Regulations, Intellectual Property and Competition Law in an Internet-of-Things World: The Issue of Accessing Data

Digital Data Protection Laws : A Review

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