Open Innovation: Legal Hurdles in the Creation of Contractual Arrangements Governing Idea Competitions?

The phenomenon of Open Innovation has been gaining prominence over the last decade. Idea competitions have been used in a variety of industrial sectors. Nevertheless, the legal issues raised by this topic have not been broadly addressed, yet. These arise from the adverse interests of the actors. The company which organizes an idea competition would usually like to have the opportunity to comprehensively use the solutions, ideas or products submitted by the competition entrants. For the company it is important to obtain all intellectual property rights in the idea, in the product created as a result and, thus, in the rights to be exploited in the future, in particular, patents, utility models, trademarks, copyrights and registered designs as well as other industrial property rights. The participant would like to participate to the greatest extent possible in the success of the submitted solution. This affects, firstly, the question of fair remuneration or further participation in any profits earned as well as, secondly, any personal rights such as being named as inventor or author. The article aims to show the contractual difficulties which have to be addressed tailoring theterms of an idea competition under German law.

Multilingualism, Legal Drafting and Interpretation of Bilingual Law in Italy

The article begins with a short history of the current Italian language, as an example of a dialect evolving and becoming elevated to the status of a national language. Next, an overview of Italy as characterized by multilingualism and of the different minority languages is offered. A third part is devoted to the different legal languages of Italian law and particularly to the consequences of multilingualism in Italy, which refers to the obligation to draft some local laws in two or tree languages. Multilingual drafting concerns institutions – and therefore concepts – of Italian law which are applied within one single legal system, namely the Italian one, and are merely expressed in a legal language which is not only Italian, but German, French or Ladin. This part is discussed more in deep. The article underlines that legal multilingualism in Italy is a rather unexplored research field. As in Europe there is a clear need for studies inquiring the problem of intepretation and application of mulitlingual law, the praxis and the operative reality of the “regional” legal languages in Italy would probably deserve more attention.

Regulations on E-Commerce Consumer Protection Rules in China and Europe Compared – Same Same but Different?

This article provides a comprehensive overview of the regulations on e-commerce protection rules in China and the European Union. It starts by giving a general overview of different approaches towards consumer protection in e-commerce. This article then scrutinizes the current legal system in China by mainly focusing on SAIC’s “Interim Measures for the Administration of Online Commodity Trading and Relevant Service Activities”. The subsequent chapter covers the supervision of consumer protection in e-commerce in China, which covers both the regulatory objects of online commodity trading and the applied regulatory mechanisms. While the regulatory objects include operating agents, operating objects, operating behavior, electronic contracts, intellectual property and consumer protection, the regulatory mechanisms for e-commerce in China combines market mechanism and industry self-discipline under the government’s administrative regulation. Further, this article examines the current European legal system in online commodity trading. It outlines the aim and the scope of EU legislation in the respective field. Subsequently, the paper describes the European approach towards the supervision of consumer protection in e-commerce. As there is no central EU agency for consumer protection in e-commerce transactions, the EU stipulates a framework for Member States’ institutions, thereby creating a European supervisory network of Member States’ institutions and empowers private consumer organisations to supervise the market on their behalf. Moreover, the EU encourages the industry to self- or co-regulate e-commerce by providing incentives. Consequently, this article concludes that consumer protection may be achieved by different means and different systems. However, even though at first glance the Chinese and the European system appear to differ substantially, a closer look reveals tendencies of convergence between the two systems.

Legal Translation and the Bilingual Publication of Roman Imperial Constitutions

The present paper aims at investigating translation techniques and publication methods of Roman imperial constitutions published in Greek in the eastern provinces of the empire, where the official Latin was not well-established. Language, being a tool for normative communication must be comprehensible to the addressees of the norm, therefore publication of a normative text in a multilingual society brings along difficulties related in particular to the translatability of legal terminology. Language problems appear, however, not only in the level of communication, but also in those of implementation and interpretation of norms. Linguistic diversity, which currently afflicts legislators in the EU, has already been a challenge for the legislators in the Roman Empire. Major difficulty was the necessity of expressing Roman legal concepts in Greek language. Centralized translation system and consequent use of terminology helped to adapt Greek for the purposes of Roman legislator creating new technical vocabulary.

Personal Data and Encryption in the European General Data Protection Regulation

Encryption of personal data is widely regarded as a privacy preserving technology which could potentially play a key role for the compliance of innovative IT technology within the European data protection law framework. Therefore, in this paper, we examine the new EU General Data Protection Regulation’s relevant provisions regarding encryption – such as those for anonymisation and pseudonymisation – and assess whether encryption can serve as an anonymisation technique, which can lead to the non-applicability of the GDPR. However, the provisions of the GDPR regarding the material scope of the Regulation still leave space for legal uncertainty when determining whether a data subject is identifiable or not. Therefore, we inter alia assess the Opinion of the Advocate General of the European Court of Justice (ECJ) regarding a preliminary ruling on the interpretation of the dispute concerning whether a dynamic IP address can be considered as personal data, which may put an end to the dispute whether an absolute or a relative approach has to be used for the assessment of the identifiability of data subjects. Furthermore, we outline the issue of whether the anonymisation process itself constitutes a further processing of personal data which needs to have a legal basis in the GDPR. Finally, we give an overview of relevant encryption techniques and examine their impact upon the GDPR’s material scope.

The impact of new technologies on distance learning students

This is a European Commission Leonardo da Vinci Reference Material project on the impact of new technology on distance learning students. It is known that all the Ministries of Education of the 27 European Union countries pay millions of Euros annually in the provision of educational technology for their schools, colleges and universities. A review of the literature of the impact of technology, however, showed that the research in this field was unacceptably fragile. What research there was focused on the impact of technology on children in American schools. The project set out, therefore, to measure the impact of technology on adult education, lifelong learning and distance education, with a particular focus on adult distance learning.