Transatlantic Antitrust and IPR Developments, Newsletter Issue No. 2/2023 (December 19, 2023)
Contributors:
Alexandros Kazimirov,
Amedeo Rizzo, Irene Kamara,
Marie-Andrée Weiss,
Zihao Li
Editor-in-chief: Juha Vesala
Contents
Antitrust
United States
Athletes, Ivies and the NCAA
United States v. Google: Predictions Before the Showdown
Franchise Agreements: The Case for Limited Non-Compete Clauses
FTC & DOJ Review of Merger Guidelines 2023
Law School Boycotts and the Sherman Act
Intellectual Property
United States
AI, Face Swapping, and Right of Publicity
Other Developments
United States
SEC’s First Enforcement Case under Regulation Best Interest
European Union
Cyberstalking and Online Platforms’ Due Diligence in the EU Digital Services Act
EU Adoption of DAC 8 – Mandatory Exchange of Information between Tax Authorities on Crypto Assets
Large Language Models and the EU AI Act: the Risks from Stochastic Parrots and Hallucination
About the contributors
Alexandros Kazimirov is an attorney admitted to practice in California. He studied civil law in Cyprus and Athens (Greece), has received an LL.M. from Berkeley Law School with a concentration in Securities Regulation and a Certificate in Regulatory & Antitrust Law from Cornell Law School. During his studies, he clerked at the Court of Justice of the European Union. He serves on the Intellectual Property Committee of the Antitrust Section of the American Bar Association and the Securities Litigation Section of the San Francisco Bar Association. His research examines the approach taken by the Securities and Exchange Commission to regulate digital asset markets compared to the European Union’s Markets in Crypto-Assets Regulation. He has been a TTLF Fellow since September 2023.
Amedeo Rizzo is a D.Phil. in Law and Academic Tutor at the University of Oxford, UK, where he conducts research in taxation, innovation, and development. He is an Academic Fellow of Taxation at Bocconi University, Italy, and SDA Fellow of Tax and Accounting at SDA Bocconi School of Management, where he coordinates the Accounting & Tax Policy Observatory and the Transfer Pricing Forum. He is the director of the Innovation Policy Network and a member of the Group of Experts on anti-corruption for Transparency International Italy. As a TTLF Fellow, his research focuses on the analysis of different types of tax incentives to enhance innovation through intellectual property and research and development activities. Previously, he worked for the Directorate-General for Economic and Financial Affairs (DG ECFIN) of the European Commission as an external advisor on budget and tax policy, and for the International Tax and Transfer Pricing Team of PricewaterhouseCoopers, Milan. He also collaborated with the Centre for Budget and Governance Accountability, India, on financial transparency issues in Asia-Pacific countries. Prior to his D.Phil. in Law at the University of Oxford, Amedeo obtained an M.Sc. in Taxation from the University of Oxford (distinction), an M.Sc. in Business Administration and Law (summa cum laude) and a B.Sc. in Business Administration, both from Bocconi University.
Irene Kamara (Dr.) is Assistant Professor at the Tilburg Institute for Law, Technology, and Society in The Netherlands. Her research focuses on the protection of human rights in the digital environment, and substantive and procedural aspects of cybercrime. Irene is teaching cybercrime and cybersecurity law, legal aspects of technical standardization, and international personal data flows at master and bachelor programs. Irene has previously worked as legal researcher at the Law and Criminology Department of the Vrije Universiteit Brussel in Belgium and as attorney-at-law in law firms in Athens, Greece. She has conducted research as principal investigator for the European Cybersecurity Agency ENISA, the European Commission, the National Cyber Security Agency (NCSC) and the National Coordinator for Counterterrorism and Security (NCTV) in The Netherlands. She holds a joint PhD in law from the Vrije Universiteit Brussel and the University of Tilburg (2021), a LL.M. in Law and Technology from the University of Tilburg (2014), a MSc in International and European Studies from the University of Piraeus in Greece (2013), and a Bachelor of Laws from the Demokritus University of Thrace in Greece. In 2021, CEN and CENELEC honoured Irene with the prestigious Standards + Innovation award for the category Individual Researcher Innovator, the first legal scholar to receive this award. Irene has been a TTLF Fellow since 2022.
Marie-Andrée Weiss is an attorney admitted in New York and in Strasbourg, France. Before becoming an attorney, she worked for several years in the fashion and cosmetics industry in New York as a buyer and a director of sales and marketing. She graduated from the University of Strasbourg in France with an M.A. in Art History, a J.D. in Business Law, an LL.M. in Criminal Law, and an LL.M. in Multimedia Law. Marie-Andrée also graduated from the Benjamin N. Cardozo School of Law in New York City with an LL.M. in Intellectual Property Law. She is an attorney in New York and her solo practice focuses on intellectual property, privacy, data protection, and social media law.Zihao Li is a Lecturer (Assistant Professor) in Law and Technology at CREATe Centre, School of Law, University of Glasgow, UK. He has been a TTLF Fellow at Stanford Law School since 2023. Meanwhile, he has been invited as a Guest Lecturer to Trinity College Dublin, Ireland. Zihao is qualified in both Computer Science and Law. With his interdisciplinary background, his research interests concentrate on the intersection of law, data and information technology. Recently, his research mainly includes data protection law, AI and regulation, algorithmic pricing, Internet and intellectual property, and blockchain and law. Zihao’s research has been published in top-tier interdisciplinary academic journals, conference proceedings and books, including Nature Machine Intelligence, Computer Law and Security Review, IEEE Communications Magazine, IEEE International Conference on Communications, and European Data Protection Law Review. His research has been cited around the world. He has also spoken at several prestigious universities, including the University of Cambridge, UK, and King’s College London (KCL), UK. Zihao has been awarded the Modern Law Review (MLR) Scholarship operated by the LSE. Additionally, Zihao is a co-founder of the Scottish Law and Innovation Network (SCOTLIN), and the founding president of the Intellectual Property Society at the University of Glasgow. At Stanford Law School, Zihao principally investigates data privacy issues in algorithmic pricing within the EU and US.
Read More…Transatlantic Antitrust and IPR Developments, Newsletter Issue No. 1/2023 (May 12, 2023)
Contributors:
Amedeo Rizzo, Craig Atkinson,
Marie-Andrée Weiss, Olia Kanevskaia,
Salome Kohler, Stefan Heiss
Editor-in-chief: Juha Vesala
Contents
Antitrust
European Union
The EU Foreign Subsidies Regulation: a Structural Change to the Internal Market
Intellectual Property
United States
I, Robot: The U.S. Copyright Office Publishes Guidance on Registration of Works Generated by AI
When Faux-Fur Birkin Bags Blur a Famous Mark in the Metaverse
Other Developments
United States
Can Banning Apps Contribute to a Privacy-friendlier Internet?
European Union
Navigating the European Liability Landscape of Artificial Intelligence: New Proposals and ChatGPT
New EU rules for a Common Charger for Electronic Devices
A Legal-Technical Basis for a Computational Transatlantic Trade and Investment Partnership (TTIP) Agreement
Read More…Transatlantic Antitrust and IPR Developments, Newsletter Issue 2/2022 (October 9, 2022)
Contributors:
Amedeo Rizzo, Christine Carter, Gabriel M. Lentner, Jan Czarnocki,
Marie-Andrée Weiss, Martina Acciaro,
Salome Kohler, Sebastian Pech
Editor-in-chief: Juha Vesala
Contents
Antitrust
European Union
The Digital Markets Act: EU’s Big Policy Promise for Big Tech
Intellectual Property
United States
“Royale with Cheese” – Copyright Issues Related to NFTs in Miramax v. Tarantino
What Would Lady Whistledown Say? Prince, Warhol and the Duke (of Hasting)
Other Developments
United States
Can the Current Draft of the American Data Privacy and Protection Act (ADPPA) Be a New Hope for U.S. Federal Data Privacy Law?
European Union
Inferred Sensitive Data in the ECJ OT v Vyriausiojl. Is Everything Sensitive Data?
Turning Point in intra-EU Investment Arbitration: Green Power and Other Developments
DAC 7 – The Exchange of Tax Information for Businesses with Digital Platforms in the European Union
Read More…
Transatlantic Antitrust and IPR Developments, Newsletter Issue 1/2022 (April 20, 2022)
Contributors:
Cecilia Borelli, Gabriele Accardo, Marie-Andrée Weiss,
Pedro Colombini, Pratyush Nath Upreti, Sebastian Pech
Editor-in-chief: Juha Vesala
Contents
Antitrust
European Union
Italian Watchdog Imposes Record Fine on Amazon in a Self-preferencing Abuse of Dominance Case
Intellectual Property
United States
Not For Trademark : Hermès Claims MetaBirkin NFTs Are Infringing
European Union
The European Union Position on the TRIPS Waiver for COVID-19 Vaccination
Other developments
European Union
The Data Act Proposal and the Relevance of Mutual Availability of Data between the Public and Private Sectors
Return to Sender: The Right of Withdrawal for Contracts for the Supply of Digital Content
Read More…Transatlantic Antitrust and IPR Developments, Newsletter Issue No. 2/2021 (October 18, 2021)
Contributors:
Dayana Zasheva, Gabriel M. Lentner,
Marie-Andrée Weiss, Mauritz Kop, Sebastian Pech
Editor-in-chief: Juha Vesala
Contents
Intellectual Property
United States
Embedding: Infringing in the Second Circuit but Not in the Ninth Circuit Under Server Test
Other Developments
European Union
EU Artificial Intelligence Act: The European Approach to AI
EU Digital Consumer Contract Law – The Directive on Contracts for the Supply of Digital Content and Digital Services
CJEU: Intra-EU Investor-State Arbitration under the Energy Charter Treaty is not Compatible with EU Law
Investor-State Dispute Settlement and EU law: Opinion of the Advocate General on Individual Arbitration Agreements
Transatlantic Antitrust and IPR Developments, Newsletter Issue No. 1/2021 (April 16, 2021)
Contributors:
Fernando Morera, Gabor Szecsi,
Marie-Andrée Weiss, Mauritz Kop, Pratyush Nath Upreti
Editor-in-chief: Juha Vesala
Contents
Intellectual Property
United States
Who owns the copyright on Jack Ryan?
European Union
European Commission Action Plan on Intellectual Property
Other Developments
European Union and United States
Central Bank Digital Currencies – Recent Transatlantic Developments
Democratic Countries Should Form a Strategic Tech Alliance
How to Ensure National Security in the New Media Age
Transatlantic Antitrust and IPR Developments, Newsletter Issue No. 2/2020 (November 17, 2020)
Contributors:
Craig Atkinson, Dayana Zasheva, Elif Kiesow Cortez,
Gabriel M. Lentner, Gabriele Accardo, Jonathan Cardenas,
Maria Lillà Montagnani, Maria Lucia Passador, Marie-Andrée Weiss, Mauritz Kop, Péter Tóth, Pratyush Nath Upreti
Editor-in-chief: Juha Vesala
Contents
Antitrust
European Union
European Court of Justice rules on Vivendi-Mediaset
Intellectual Property
United States
Oh, What a Case (9th Circ. 2020): Works Presented as Factual are Factual when Determining Scope of Copyright Protection
U.S. Investor Loses in Trademark Dispute against Panama
European Union
CJEU: Reputation Offsets Likelihood of Confusion of Trademarks
Regulating Transformative Technology in The Quantum Age: Intellectual Property, Standardization & Sustainable Innovation
Other Developments
European Union
Artificial Intelligence: A Reliable Tool to Increase Board Accountability and Shareholder Value in a Post-Covid World
Enabling “Code is Law”: Computational approaches to trade and data regulation
The European Commission’s Digital Finance Strategy for the European Union
EU Perspectives on the COVID-19 Contact Tracing Apps
International Data Transfers after the Schrems II Decision
Read More…