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Employees' Intellectual Property Rights
- 2017. - 2
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Samlingsverk (redaktörskap) (refereegranskat)abstract
- Employees’ Intellectual Property Rights describes and analyses employers’ acquisition of employees’ intellectual property rights in thirty-four different jurisdictions worldwide collectively representing all habitable continents. In today’s knowledge-based global economy, most inventions are made by employed persons through their employers’ research and development activities. However, methods of establishing rights over an employee’s intellectual property assets are relatively uncertain in the absence of international solutions. Given that increasingly more businesses establish entities in different countries and more employees co-operate across borders, it becomes essential for companies to be able to establish the conditions under which ownership subsists in intellectual property created in employment relationships in various countries. This book provides a distinctive perspective on the ownership aspect of intellectual property rights.
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| 3. |
- Slokenberga, Santa, et al.
(författare)
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Law, AI and robotics: Sweden
- 2019
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Rapport (refereegranskat)abstract
- The objective of the report is to review the state of the law and current legal responses to developments in AI and robotics and determine how specific questions/issues are addressed in Sweden. It highlights key legal developments pertaining to AI and robotics covering the last five to ten years; i.e. developments in AI that might have led to amendments in constitutional or human rights and/or legislation bearing on constitutional or human rights, attempts or plans to create or adopt new legislation in response to developments in AI and robotics or to regulate how AI and robotics applications are designed, set up, commissioned or used, and whether new regulatory bodies being set up to regulate AI and robotics. It explores two legal issues related to AI, (i) algorithmic bias and discrimination (including automated decision-making systems), i.e., how does the law deal with issues of algorithmic bias and discrimination (ii) intellectual property issues related to works created by AI. It explores for robotics, two issues (i) creation of a specific legal status for robots and (ii) safety and civil liability issues: who is liable for damage caused by robots. This is followed by a brief analysis of gaps and challenges in the national legal framework in Sweden.Part of SIENNA project WP4 - AI and Robotics: ethical, legal and social analysis, deliverable D4.2 Analysis of the legal and human rights requirements for AI and robotics in and outside the EU.
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- Szkalej, Kacper F., 1988-
(författare)
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Copyright in the Age of Access to Legal Digital Content : A study of EU copyright law in the context of consumptive use of protected content
- 2021
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- In a world where copyright is being infringed in a plethora of ways, consumers find it difficult to access legal digital content. Therefore, this thesis investigates how copyright law governs access to legal content in the digital environment in respect of so-called consumptive use. By apprehending a user-centric approach I evaluate whether and how copyright law accounts for the consumer interest to access digital content that originates from an authorised online service. EU copyright law, especially the InfoSoc Directive, constitutes the legal frame of analysis, but the study also observes national law where references are warranted. Legal reasoning is complemented by economic arguments and a technological perspective for a more informed and market-based evaluation. These insights expand the limits of analysis, making it possible to carry out an evaluation against what I call copyright exclusivity - the accumulated bargaining power consisting of exclusive rights conferred by copyright law that apply at both ends of the content distribution chain, and opportunities to regulate and diversify technical conditions for access with DRM systems. Moreover, these insights allow viewing the notion of access in two distinct ways – as a matter of possibility to enjoy already acquired content, and as a matter of supply of digital content, involving general and diverse availability of content on a market and which is accessible to the consumer.Accordingly, the investigative effort relies on two internal approaches to structure copyright rules that are evaluated. The first one is the conventional approach to consumer interests that centres on the system of copyright limitations. In this respect I evaluate the viability of consumptive limitations in the digital environment against copyright exclusivity, considering the private copying limitation and the temporary copying limitation. The second approach I introduce in the thesis and call it the newfangled approach to consumer interests. It centres on mechanisms outside the system of limitations, particularly as introduced by the Cross-Border Portability Regulation and the doctrine of exhaustion, which are evaluated using a benchmark of continuity of access to content. The study demonstrates that the different mechanisms that copyright law contains within and outside the system of limitations are suitable for ensuring access to legal content, however the evaluation leads to a formal rejection of most of them under the current legal framework. Against this the thesis proposes to formulate future copyright policy on the basis of especially a consideration of the interests of copyright users and the unpredictable nature of the use of technology for content delivery and access control. Beyond the user centric approach focusing on consumptive use of legal content, the overall scientific contribution of the thesis is the systematisation of copyright protection, the system of limitations, and fundamental rights in light of new case law, as well as a comprehensive assessment of the Cross-Border Portability Regulation. Moreover, the thesis proposes a novel approach to the question of digital exhaustion set in the context of the so-called making available right.
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- Szkalej, Kacper, 1988-
(författare)
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Legal Status of Information Society Service Providers (Sweden)
- 2021
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Rapport (refereegranskat)abstract
- Survey on legal status of information society service providers in the pre- and post-CDSM Directive era in Sweden, focusing on service providers as intermediaries and as users of copyright-protected content(January 2021).Part of ReCreating Europe project WP6 - Intermediaries.
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- Szkalej, Kacper, 1988-
(författare)
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Online Copyright Infringement and Enforcement in Sweden
- 2018
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Rapport (övrigt vetenskapligt/konstnärligt)abstract
- Report on online copyright infringement and enforcement of rights in Sweden. Includes a description of applicable law and current practices. Part of Annex 2 in Quintais, J.P. Global Online Piracy Study: Legal Background Report, Institute of Information Law, University of Amsterdam, 2018 .
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