Science and Technology Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Science and Technology.
August 26, 2016 By Michalopoulou & Associates
Individual developers as well as SMEs across the world are currently developing a Cambrian explosion of business activity on mobile. This in turn creates data protection issues, as the data stored and processed concerns highly private health information. It is therefore essential to design health apps in a way that ensures user privacy.
August 26, 2016 By Michalopoulou & Associates
In general, a patient’s choice whether he will undergo a particular treatment or participate in a clinical trial constitutes an expression of his autonomy and human dignity. His consent ensures respect of his personality, dignity and free will. In the health sector, consent is necessary for every intervention on the human body, while a different consent is also required for further using in research personal health data.
August 25, 2016 By Hammond, Minciu and Associates
Whilst the protection of Know-how and Trade Secrets is usually covered in local law there is often confusion as to how this will translate internationally and how will clauses covering this in a contract governed by one law be considered in another jurisdiction.
August 10, 2016 By Hammond, Minciu and Associates
In Romania, and perhaps in the rest of Europe, little attention seems to be paid to Data Protection and the implication of the regulations which are passed both at European Union and Romanian National level.
August 10, 2016 By B&R Latin America IP LLC
The Internet has become an important business tool for brand promotion. Any company that wants to successfully put its products or services across to the public can’t get around the benefits of the global online market anymore.
August 8, 2016 By Felahy Employment Lawyers
A judge from the federal district of southern New York has decided to invalidate evidence obtained through the use of a cell phone tracking device. This decision may serve to clarify rules about when it is appropriate to use such technology with and without a warrant.
July 21, 2016 By Aleksey Pukha & Partners
The complexity of procedures for implementing surrogacy requires fixing contractual relationships between the parties and fixing the potential risks for each party.
July 20, 2016 By APC Law Firm
The right to maternity and paternity is one of the basic moral rights of the couple under Art. 49.50 Family Code of Ukraine. However, there are circumstances due to health reasons, which could foreclose the couple of realization of this right naturally. But this does not mean that the couple can’t become parents, as an alternative way out - to go for help to the surrogate mother.
June 24, 2016 By Kenneth Padowitz P.A.
Virtual reality is now becoming mainstream. What was once a popular topic for science fiction, virtual reality is now becoming – for lack of a better word, a reality.
June 21, 2016 By Kaass Law
Whether you are a foreign citizen willing to work in the US or an US employer that wants to hire a foreign employee, below are a number of questions Business Startup Attorneys encounter regarding H-1B visa.
On May 4th 2016, the official text of Regulation 2016/679 “on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC” (General Data Protection Regulation) has been published in the EU Official Journal. The Regulation entered into force on May 24th 2016 but it shall apply from May 25th 2018.
The rapid rise in the use of digital technologies in the healthcare sector is not lost to cyber criminals.
June 14, 2016 By Michalopoulou & Associates
The Regulation 536/2014’s purpose is the growth acceleration of pharmaceutical research via clinical trials in the European Union. Its provisions are directly applicable in the legal systems of the Member States (without requiring integration) and replace the national procedure of notification and approval by the permit authorities.
June 14, 2016 By Michalopoulou & Associates
ΕU institutions adopted on 16 April 2014 Regulation 536/2014 on “clinical trials on medicinal products for human use”. The Regulation entered into force on 16 June 2014.
Health apps have a significant impact on the provision of medical care globally. In our previous article we focused on the legal protection of data used by these apps. However, will marketing of health apps be completely free or will it have to satisfy special technical requirements, since these apps will be widely used by patients and providers of medical care? The European legislative bodies have to take the appropriate measures.
“No other sector holds the promise to enhance quality of life, productivity and environmental sustainability through innovation like biotechnology, while also benefiting Europe’s economy and research base”. Carlo Incerti, Chairman of EurapaBio, 3η EuropaBio event on the Benefits of Biotechnology, Brussels, 23 June 2015
The use of pesticides in food, especially when growing fruit and vegetables, is now commonplace; farmers use pesticides in order to preserve or even increase their yields. Nevertheless, there are several risks regarding consumer safety and questions arise on the allowed pesticide residue quantities in food meant for consumption.
On October the 5th, 2015, the EU Council of Ministers agreed on its baselines on the looming two Regulations on medical devices and in-vitro medical devices. Closely related to the Commission’s relevant proposal and the adjacent EU Parliament and EU Council reports, both Regulations will aim to modernize the existing legislation, taking into account the latest advancements in medical technology and the need for high protection of patient safety.
The use of mobile applications in healthcare has been rapidly growing, globally. Meanwhile, a long and intense discussion has emerged between users and entrepreneurs, resulting from the forthcoming adoption of the General Data Protection Regulation, which will have legally binding force in all EU member states and will replace existing relevant legislation by the end of 2015.
Rational choice is a prominent theoretical model in many fields of research, though many criminologists continue to doubt its applicability as a general theory of crime.
Intellectual property as an autonomous branch of Commercial Law, is beginning to face a new technological challenge, since there are some inventions that are seeking to have a place on the market and claiming a protectionist environment and guarantees rights for their holders.
Nowadays personal data protection necessity has very high value. Possession of the data in the hands of swindlers transforms into criminal instrument. Thus, personal data need to be seriously protected. Here's the crucial points of personal data protection.
With the recent events of the “Xunaed Video Scandal” which went viral and the Bangladesh Bank heist, interest of ordinary internet users in Bangladesh has heightened towards cyber crime.
On 29 January 2016, the Ministry of Finance, the State Administration of Taxation and the Ministry of Science and Technology jointly issued the Administrative Measures for Recognition of High and New-Technology Enterprises (HNTE)(GuoKeFaHuo  No.32 (Circular 32)), which provided new incentive criteria, as well as adjusting the HNTE recognition requirement, and the procedures and supervision of the policy.
Cyber security is a prominent issue on the EU’s digital agenda. Many governments and companies are vulnerable to cyber security threats. For this reason, there has recently been a push for a directive which would harmonize member state rules on cyber security.
Last month a federal magistrate judge in California ordered Apple to bypass the security protocols on an iPhone 5 that belonged to one of the San Bernardino shooters. This public order ushered in what has become a national spectacle, pitting the FBI and many Americans against Apple and Privacy proponents.
On Monday, the 8th of January 2016, the French data protection authority, Commission Nationale de l’Informatique et des Libertes (CNIL), issued a formal notice to Facebook for it to comply with the French Data Protection Act. This follows a decision issued by the CNIL on the 26th January 2016, which gave Facebook 3 months within which to fall in line with all the necessary requirements.
India has emerged as a favorite hub for cybercriminals, mostly hackers and other malicious users who use the Internet for committing crimes. As per a study conducted by Assocham-Mahindra SSG, total number of cyber-crimes registered during 2011-14 stood from 13,301 and 1, 49,254 respectively and rising at an alarming rate. In 2015, the number of cyber-crimes in the country may double up to 3 lakhs and could pose serious economic and national security challenges.
When we think about the economic development of Colombia we have to consider the importance of the biological diversity that this country has and the need to manage it in a sustainable and balanced way in the light of the needs of today's world.
An intellectual property portfolio is a collection of IP assets belonging to a business or an enterprise. Trademark is the essence of products and services. A Trademark Portfolio comprises of registered trademarks and service marks, as well as marks that are in use or proposed to be used. The Intellectual Property is intangible, yet it is easy to copy.
In September 2015 Kazakhstani Government announced that in furtherance to large-scale privatization program being realized in Kazakhstan over the last couple of years, 60 major state-owned companies will become private before 1 January 2018.
In a vote that took place on the 27th of October, the European Parliament has rejected a number of legal amendments to the proposed net neutrality bill. Net neutrality is the principle that every point on the web can connect to any other point on the web, regardless of the origin, destination or type of data. This allows for a free flow of information, innovation and competition. Users can exercise their right to receive and impart information, and their right to expression, online.
Social media sites and privacy are somewhat inherently at odds. After all, the point of social media is to share your life with the world; the very opposite of maintaining your privacy. Still, there is a difference between sharing parts of your life and all of it. Thus, a number of legal lines have been drawn in the sand regarding privacy on social media sites.
The Data Retention Directive was enacted as a reaction to the 2004 and 2005 terrorist attacks in Europe in order to harmonize the investigation and prosecution mechanisms throughout the EU, especially with regards to organized crime and terrorism.
Due to developments particularly in telecommunication technologies and transport since last century, more products have been demanded by customers in other countries than their place of manufacture.
The internet is today an indispensable part of many areas of life, but those running commercial websites have to be mindful of the German Telemedia Act.
The Belgian Commission for Privacy Protection (CPP) is claiming that Facebook is monitoring the web movements of both users and non-users through plug-ins and cookies and gathering information about their browsing habits.
Last year, European citizens were granted the right to submit a request to Google for the delisting of personal information deemed to be harmful, out of date or irrelevant, through a ruling issued by the European Court of Justice. This means that the information would no longer come up in search results following searches carried out on European websites.
Creating a Digital Single Market is one of the ten priorities of the EU President-elect Jean-Claude Juncker.
The High Court in the UK recently considered whether a company should pay damages for copyright infringement and/or breach of contract where software was used without consent.
The issue of data protection becomes paramount. In the context of e-Health, it is critical that users are always given the option to users to refuse processing. If an app processes personal data, something quite common in most e-Health apps, it will also have to comply with the more stringent requirements of the Data Protection Directive.
The European Union has recently unveiled a planned reform for the 28 Member State’s digital market aimed at boosting ecommerce and overhauling Europe’s telecoms market.
Cyber-bullying has become a very big problem in America, and it is not just limited to children. Every day, thousands of people have to contend with negative, abusive, insulting, and threatening comments posted on, or linked to, their social media accounts. This has left many to wonder if there is anything they can do – from a legal standpoint – to protect themselves.
Transactions inside Russia with the use of international payment cards will be processed within the Russian National System of Payment Cards (NSPC)
French Data Protection Authority Adopts New Rules on Service Quality Monitoring and Bring Your Own Device
The French data Protection Authority (hereafter: “CNIL”) recently released two documents reinforcing employees’ rights to privacy in relation to (i) the recording of telephone conversations with customers, and (ii) the use of personal device for work purposes, the so-called Bring Your Own Device (hereafter: “BYOD”).
The French data protection authority (hereafter: “CNIL”) recently made public an important decision for the pharmaceutical industry. In a Decision No 2014-501 of December 11, 2014, the CNIL issued a Blanket Authorization in which it simplified the registration requirements for the processing of certain patient data by laboratories.
Turkey’s expansion of Information and Communication Technologies (ICT) sector for 2015have been estimated by some recent researches.In following years, thanks to technologies such as Big Data, Cloud, Mobility and Social Work, there is being expected a transformation of the institutions in Turkey.
Here we look at some major recent developments in relation to data privacy protection in China. It is vital that all foreign and Chinese businesses develop strong and compliant data privacy policies, given the potential penalties involved for breach of China’s relatively new data privacy rules.
By Planet Depos
More than two thousand years ago, the Chinese warrior-philosopher Sun-Tzu wrote a treatise on military strategy called The Art of War. Since that time, this legendary text has become required reading throughout Asia. Whether in business school, the armed forces, or in law school, it is likely that every student is familiar with the fundamental principles of Sun-Tzu’s masterpiece.
Virtually anyone who has used the Internet outside of China has heard of the search engine giant Google (China blocks Google and has its own domestic search engine). But, many did not know that in 2002, one of Google's founders, Larry Page, had a plan to put every book ever written on the Internet. The plan stalled after legal troubles, but may now be back on track thanks to the Fair Use Doctrine.
In July 2014, the Russian legislative authorities have adopted a set of amendments to the Federal Law "On Information, Information Technologies, and Information Protection" and to the Federal Law "On Personal Data" ("Amendments to Personal Data Law").
European Union privacy regulators have been urging Google to refine its privacy policies for quite some time.
Computers have become indispensable in private households and even more so in companies. When using software, licensing agreements, in particular, must be observed.
This article is aimed at introducing some important provisions of the PRC Patent Law that pharmaceutical companies need to be aware of when making or selling their drugs in China.
If you run a website, you may already be familiar with the concept of website's terms of service (“TOS”). If you are just starting out with your own site, you may not be familiar with these and need to get a handle on what is involved. In either case, terms of service can help to protect the owners of a website from liability to those who use the site or others, and should be an essential part of any website you own or design.
The EU Data Retention Directive (2006/24/EC) was introduced into EU legislation during the aftermath of the terrorist attacks in Madrid, London and New York, and provided that communications firms should keep data about subscribers’ activities for a period of between 6 and 24 months.
New Law Concerning Debt Recovery in Albania - "On Late Payments for Contractual and Commercial Obligations”
By LPA Law Firm
The Albanian parliament has passed on 24.04.2014 the law no. 48/2014 “On Late Payments for Contractual and Commercial Obligations”, which is partially aligned with the Directive 2011/7/EU of the European Parliament “On Combating Late Payment in Commercial Transactions”.
The coverage provided by China's Plant Variety Rights Law and associated regulations.
Verizon, the US telecommunications giant, has issued Netflix with a “cease and desist” letter following media reports claiming that Netflix was blatantly telling its customers that the Verizon network was responsible for faulty streaming.
On the 13th May 2014 the Norwegian Consumer Council lodged a complaint against Apple with Norway’s Consumer Ombudsman. According to the complaint, Apple’s iCloud service violates European consumer law by allowing Apple to change its terms and conditions at any time without giving notice to its customers.
The US Court of Appeals ruled last Monday the 12th of May that software source code can qualify for copyright protection in certain circumstances.
Peer-to-peer networks are commonly used in child pornography investigations. It's important to understand what they are and how they are searched. From a defense standpoint, it is important to understand whether the accused was knowledgeable about the network's settings as that can impact the charges filed.
Last week a district judge in New York ruled that US authorities can access and search through electronic data stored by US companies on servers based outside the US.
Criminals are utilizing their Internet connection to file false tax returns that help them steal refunds from the innocent. In 2013, fraudulent returns saw almost $4 billion sent into the hands of scam artists. Making things worse is the fact that the Internal Revenue Service is having a hard time stopping the fraud from happening in the first place.
The concept of ‘net neutrality’, or of ‘open internet’, refers to the notion that internet service providers and governments should treat all data on the Internet equally. Advocates of this concept envisage an internet where people can use their internet connection from anywhere and for anything with no additional charges and/or restrictions.
Broadcasting and telecommunication has come a long way in Nigeria. Formally these services were considered social services in nature hence private companies were foreclosed from participation of any kind. This article will explore these procedures, conditions for grant, refusal, renewal and withdrawals of these licenses.
The Personal Data Protection Act (PDPA) of 2012 governs the collection, use and disclosure of personal data by private organisations. It establishes a Do Not Call (DNC) Registry, which came into effect on 2 January 2014. Here are five things you need to know about the DNC.
DRC: Adoption of legal framework for the implementation and operation of fiber optic telecommunication networks.
The DRC adopts a legal framework for the implementation and operation of fiber optic telecommunication networks.
The principle of non-transferability of telecommunications licenses challenged by the OHADA Law as a result of the accession of the Democratic Republic of the Congo to OHADA.
The strengthening of data protection laws in Europe has been a pet cause for German Chancellor, Angela Merkel, for some time now. In July 2013, Merkel was strongly backed by the European commission in her call for tougher data protection laws, particularly in the ICT sector.
Significant Issues in Employment Law in Israel
By LPA Law Firm
The electronic communications sector in Albania is governed by the Electronic Communications Law, 2008, as amended and supplemented by implementing regulations.
A Malaysian perspective on White-Collar Crime. A daunting task it has failed to curb, yet.
Research and Development (R&D) activities have been supported in numerous countries since 1970's in order to increase the industrial production activities. To maintain and develop these activities, technoparks have been established in Turkey and in many other countries.
Medical researchers and private companies across the world spend years mapping the human genome in an effort to discover the root causes - and cures - for gene-related diseases and illnesses that kill people every day. The research involves isolating and testing individual genes in order to determine how to manipulate them.
Notwithstanding the reasoning, companies in China have yet another amorphous compliance bugbear to obey. Given the inconsistent state of existing data privacy rules and recent dicta that position personal data at the epicenter of the data protection maelstrom, one might think it counter-intuitive, if not disingenuous, that there is no legally authoritative definition of “personal data” under Chinese law.
There is a significant regulation with regard to the companies in Turkey and their shareholders in Turkey and abroad which has been promulgated in the Official Gazette dated August 28, 2012, numbered 28396, which indicate ‘‘Regulation pertaining to the General Assembly of Joint Stock Companies to be held via Electronic Means (EGKS) ’’.
Once again, the EU is dealing with data protection. Under new EU regulations, companies must now report data mishaps within 24 hours.
With patent expirations large pharmaceuticals are facing, there has been a tremendous opportunity for growing biotech companies.
App developers, users, and regulators alike are all grappling with the possibilities and implications of app technology in the health sector. As use of these apps grows, increasing attention is also being paid to privacy issues where those apps involve the collection and use of personal information including patient data. This article highlights some of the privacy fundamentals to consider, in particular when developing a medical app.
The majority of enterprises nowadays rely on information technology as an essential tool for meeting their business objectives as well as safeguarding their intellectual property, financial information and the Company’s reputation, amongst others. Concurrently, critical digital assets are being targeted and the potential impacting businesses has never been greater.
The rights of software licenses may not simply be transferred with the sale of authenticity certificates.
Of all human rights, privacy can be one of the most difficult to balance. This is exacerbated by the Internet where free, easy and voluntary dissemination of information is routine both in the business and privately.
The United States Congress enacted ESIGN in 2000 (Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 – 7006, (2012)) and Turkish Parliament enacted the 'Elektronik İmza Kanunu' (Electronic Signatures Law - EIK) in 2004. This article targets to summarize a comparison of approach between these statutes.
Acknowledging the importance of the IT sector in Ukraine’s economy, the government has provided tax breaks to qualified companies and individuals in the IT sector that fall under the category of "subjects of the software product industry". From the period of January 1, 2013 until January 1, 2023, qualified IT companies and individuals are subject to a reduced profit tax rate of only 5%, provided they maintain a separate accounting of income and expenses of their activity in this sphere.
A proprietor of an internet connection generally should not be liable for copyright breaches of their spouse.
On February 27, the Article 29 Data Protection Working Party adopted an opinion on smart devices. The opinion strives to clarify the European regime on the collection and use of personal information by means of smart devices.
The ECJ has ruled that the spreading of television programs via live streaming without the creator’s consent shall not be possible.
The European Court of Justice (ECJ) has decided that the general permission of resale of software also applies, if the licenses have been downloaded from the Internet.
It has emerged from a judgment of the European Court of Justice (ECJ) dated 7 March 2013 (file no. C-607/11) that television broadcasters can probably ban the dissemination of their broadcasts via live streaming.
Google has long provided the service of blocking search results in pursuance to website takedown requests.
The retransmission of television programs of broadcasting companies over the internet by other companies can be prohibited by a broadcasting company.
DR Congo Adopts a Legal Framework for the Implementation and Operation of Fiber Optic Telecommunication Networks
The Minister of Posts, Telecommunications and New Technologies of Information and Communication, « The Minister », has recently taken, not without reason, a Decree of major importance in a world where the quality of telecommunication services is required at any price.
In the EU, the “right of access” to one’s personal data has existed for over a decade. The US, on the other hand, seemed to be moving in a vastly different direction.
Since September 12, 2012, OHADA Law (the Organization for the Harmonization of Business Law in Africa) is directly applicable and binding, as domestic positive law, in the Democratic Republic of the Congo (“DRC”).
The internationally recognised regulator of web addresses Icann (Internet Corporation for Assigned Names and Numbers) is constantly seeking new ways to avoid abusive use of domain names. One of the more common abuses is that of cybersquatting, the act of registering domain names consisting in somebody else’s trademark in order to make gains of that trademark’s reputation. There are several types of cybersquatting, however this is the most common.
When we think about creativity in the field of technology, we normally think about the U.S. and Japan. The European Union Commissioner for technology and the digital agenda Neelie Kroes is now actively trying to challenge this notion. Few people realize, for example, that Angry Birds and Skype were actually created in Europe. These may not trump the prolific success of Silicon Valley, but they are certainly a start.
For over a year, Microsoft has been under the watch of the EU Commission regarding a perceived breach in EU competition law due to their “Windows” operating system being shipped with a pre-loaded internet browser.
The EU has long been considering the implementation of frameworks and legal solutions to address mounting concerns in regard to cyber security. In addition to the introduction of a new strategy in this regard, the Commission made a proposal in February 2013 to introduce a directive to facilitate the creation of a harmonized network and to standardize information security throughout the EU.