Bürgerliches Recht
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- Bürgerliches Recht (40)
Private international law (PIL) might seem disconnected from peacebuilding and peacekeeping efforts. However, this perception falls short. PIL, contrary to public international law’s direct peacekeeping potential, indirectly contributes to peace by fostering mutual respect between states. The relationship between PIL and peace stems from the recognition and respect states show for each other’s legal systems. PIL operates on the principle of comity, where states acknowledge the applicability of foreign laws to resolve cases. In essence, while PIL’s impact on peace is indirect and modest, its emphasis on mutual respect and fair treatment contributes to peaceful relations between states, making it an important element in the broader context of peacebuilding and peacekeeping efforts. Private international law (PIL) does not determine substantive fairness for parties but focuses on localizing cases at a meta-level of conflict-of-laws. This localization is guided by party, trade, and regulatory interests, and is rooted in neutrality and respect for other legal systems. While the principle of equivalence and neutrality remains foundational in PIL, exceptions and limitations have been established over time to address specific scenarios, ensuring a balanced approach that respects both foreign legal systems and fundamental legal principles.
Law of raw data
(2021)
Law of Raw Data gives an overview of the legal situation across major countries and how such data is contractually handled in practice in the respective countries. In recent years, digital technologies have transformed business and society, impacting all sectors of the economy and a wide variety of areas of life. Digitization is leading to rapidly growing volumes of data with great economic potential. Data, in its raw or unstructured form, has become an important and valuable economic asset, and protection of raw data has become a crucial subject for the intellectual property community. As legislators struggle to develop a settled legal regime in this complex area, this invaluable handbook will offer a careful and dedicated analysis of the legal instruments and remedies, both existing and potential, that provide such protection across a wide variety of national legal systems.
What’s in this book:
Produced under the auspices of the International Association for the Protection of International Property (AIPPI), more than forty active specialists of the association from twenty-three countries worldwide contribute national chapters on the relevant law in their respective jurisdictions. The contributions thoroughly explain how each country approaches such crucial matters as the following:
if there is any intellectual property right available to protect raw data; the nature of such intellectual property rights that exist in unstructured data; contracts on data and which legal boundaries stand in the way of contract drafting; liability for data products or services; and questions of international private law and cross-border portability.
Each country’s rules concerning specific forms of data – such as data embedded in household appliances and consumer goods, criminal offence data, data relating to human genetics, tax and bank secrecy, medical records, and clinical trial data – are described, drawing on legislation, regulation, and case law.
How this will help you:
A matchless legal resource on one of the most important raw materials of the twenty-first century, this book provides corporate counsel, practitioners and policymakers working in the field of intellectual property rights, and concerned academics with both a broad-based global overview on emerging legal strategies in the protection of unstructured data and the latest information on existing legislation and regulation in the area.
There has been considerable movement in German licensing law for some years now. Based on the fate of the license in the case of the granting of sub-licenses and in the case of insolvency of one of the contracting parties involved, a number of court decisions have been handed down which mainly deal with the legal nature of licenses and their mode of operation.
Moreover, there is now an internationally significant development in licensing law, namely the increasing independence of patents used in standards, which have increasingly become the subject of economic considerations – and not only of the companies or inventors filing them. zur Fussnote 1 These so-called standard essential patents (SEPs) are the subject of numerous legal disputes and legislative activities and constitute a scientific discourse around the globe.
In 2015, the European Court of Justice (ECJ) created the first leading case for the EU with regard to SEPs in its highly regarded Huawei/ZTE ruling. zur Fussnote 2 Although an abundance of decisions of the courts of first instances are now available, many questions still remain unanswered since the fundamental decision of the ECJ. There is controversy both over the dogmatic classification of the FRAND declaration and the legal consequences of the declaration’s binding effect. It is particularly unclear what happens to the FRAND declaration when the SEP is transferred to a third party and whether, how and to what extent the acquirer is bound by this declaration of the transferor. In a decision that can certainly be described as bold, a Higher Regional Court has now ruled on some of these issues for the first time, thus providing further food for discussion.
The following article deals with the question under which conditions a patientdecree is possible in German law. A patient decree can, within certain limits, define the will of the patient at the stage of legal capacity to determine whatshould happen in certain situations when the patient is later under care and acaregiver there-fore takes over his or her representation in certain decisions.Thisapplies in particular to the termination of life-sustaining measures in case ofillness.
On 14 December 2017, the Assembly of States Parties of the Rome Statute decided to activate the International Criminal Court’s jurisdiction over the crime of aggression. In doing so, it however seems to have rescinded the Kampala amendment adopted in 2010, and in particular, the need for State Parties to eventually opt out from the Court’s aggression-related jurisdiction. This reversal, while being more in line with the Rome Statute than the Kampala amendment itself, raises new (and old) and challenging legal questions which are highlighted in this article.
Das Werk analysiert umfassend das Verbrechen der Aggression im Sinne des Römischen Statuts. Ausgehend von der Rechtsgeschichte, werde die einschlägigen Artikel 8bis, 15bis und 15ter des Römischen Statuts, also die Definition des Verbrechens der Aggression, analysiert.
Ebenso behandelt das Buch weiterführende Entwicklungen des Verbrechens der Aggression über das Jahr 2017 hinaus – das Jahr, in dem es, wahrscheinlich, zu einer Entscheidung über die Aktivierung der Gerichtsbarkeit kommt