Relevant bibliographies by topics / Software protection / Law and legislation

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Software protection / Law and legislation'

Author: Grafiati
Published: 4 June 2021
Last updated: 30 January 2023

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Journal articles on the topic "Software protection / Law and legislation"

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Nievienhlovskyi, Adrian. "Artificial intelligence from the perspective of polish intellectual property law. Selected issues." Theory and Practice of Intellectual Property, no. 5 (December 29, 2022): 93–102. http://dx.doi.org/10.33731/52022.270901.

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Keywords: artificial intelligence, intellectual property law, copyright, industrialproperty law, computer programs In Poland, as in other countries, there is an ongoing discussion on legal issues related to artificial intelligence. Formany people, there is no doubt that this intelligence should be protected. The problem rather narrows down to what conditions must be met for this protection. Some Polish scientists want to wait for solutions to be developed in the European Union.Poland, as a member state of the European Union, must respect the regulations emerging at the EU level. These regulations are only being planned. There is a certain risk in introducing new regulations in Poland without waiting for EU solutions.It could turn out that the laws adopted by Poland would be incompatible, not in compliance with European law.On the other hand, the software producers' communities are pushing for the introductionof relevant legislation now. They claim that this is needed to protect the funds that are being invested in artificial intelligence in Poland. In their view, without proper legislation, investors will reduce financial support for the developmentof artificial intelligence. In fact, however, the computer manufacturers' communityis not at all concerned with protecting 'mere' artificial intelligence. It is protected in Poland and can be provided by copyright law in particular. The most important issue in Poland already relates to the protection of creations generatedby artificial intelligence. This is in fact what the computer software development community and beyond cares most about.However, the protection of creations of artificial intelligence is not only about benefits, but also about threats. This will be discussed further in the article. Some lawyers are considering how to interpret the existing legislation so that the protectionof artificial intelligence creations is already possible. They want to use existing theoretical constructs to justify this protection.
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Armstrong, Timothy. "Symbols, Systems, and Software as Intellectual Property: Time for CONTU, Part II?" Michigan Technology Law Review, no. 24.2 (2018): 131. http://dx.doi.org/10.36645/mtlr.24.2.symbols.

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The functional nature of computer software underlies two propositions that were, until recently, fairly well settled in intellectual property law: first, that software, like other utilitarian articles, may qualify for patent protection; and second, that the scope of copyright protection for software is comparatively limited. Both propositions have become considerably shakier as a result of recent court decisions. Following Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), the lower courts have invalidated many software patents as unprotectable subject matter. Meanwhile, Oracle America v. Google Inc., 750 F.3d 1339 (Fed. Cir. 2014) extended far more expansive copyright protection to functional software components than precedent suggested. The result of these developments has been a new period of uncertainty regarding the existence and scope of intellectual property protection for computer software. The root of the problem lies in Congress’s relative inattention to the question of what legal regime (if any) should govern the creation of computer software. Congress extended copyright protection to software largely without grappling with the consequences of applying a body of law designed to promote creative expression to functional, useful code. Meanwhile, Congress has spoken only obliquely to the question whether software warrants patent protection. The turmoil in the courts reflects a general lack of legislative guidance. This Article asks whether the time is ripe for remedial legislation and suggests some questions that ought to guide congressional inquiry.
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Suslina, Irina, and Valeriya Tarasova. "Law Protection of Computer Programs in the State of Israel." Tirosh. Jewish, Slavic & Oriental Studies 18 (2018): 206–18. http://dx.doi.org/10.31168/2658-3380.2018.18.4.2.

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Nowadays IT sphere all over the world experiences rapid growth. This situation also refers to the State of Israel that is considered to be one of the leaders in IT-startups and IT sphere in all. The development of IT has a great influence on economy of Israel and its economic development. Application software is usually defined as a main unit in information technologies. Therefore, legal protection of software becomes one of the most important issues regarding IT sphere. Intellectual property law in Israel is mostly based on British intellectual property law. International legislation concerning intellectual property also influences Israeli IP law. As in the majority of countries, in Israel software is considered as an object of copyright law and it is protected in compliance with its provisions. Copyright law is regulated by the Copyright Act passed the Knesset in 2007. The term of protection granted by this Act shall be the life of the author and seventy years after his death. In accordance with the main principle of copyright law, software has been protected since the moment the software was created. That means that software in Israel does not subject to registration or any other procedure of its kind. It is also possible to register a logo and a unique name of software as a trademark, and this can become a substantial addition to the law protection.
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Leonov, Borys, and Valerii Serohin. "Issues of Legal and Expert Support of Law Enforcement Activities in the Field of Cybercrime Counteraction." Information Security of the Person, Society and State, no. 27 (2019): 6–15. http://dx.doi.org/10.51369/2707-7276-2019-3-1.

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The article is devoted to the analysis of the problems of legal and expert support of law enforcement activities in the field of cybercrime counteraction. The article deals with the issues of criminal and legal protection of information security in the context of the implementation of inter-national treaties into the field of national legislation. The authors both analyzed legislation in the field of cybersecurity provision; the modern doctrine devoted to its interpretation and made some suggestions for its improvement. Key words: cybersecurity, cybercrime, computer crime, harmful software, special software for secretly obtaining information.
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Belikova, Ksenia Michailovna. "The role of cryptography in ensuring cybersecurity and protecting information about technologies of strategic and advanced development in the context of protection of sci-tech achievements in the BRICS countries." Юридические исследования, no. 9 (September 2021): 22–62. http://dx.doi.org/10.25136/2409-7136.2021.9.36508.

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The subject of this research is the role of cryptography in ensuring cybersecurity and protecting information about technologies of strategic and advanced development in the context of protection of sci-tech achievements in the BRICS countries. The relevance of the selected topic is substantiated by the fact that modern countries, for example, the founder of computer industry – the United States along with the BRICS member-states, realize the importance and practical significance of cryptography in different spheres (military, civil) and aim to develop the means and systems of information security, establishing legal regulation for various aspect of its application. Such approach needs elaboration on the development and implementation of cryptography from the perspective of supranational and international law. It is determined that the currently used encryption methods are essentially based on the methods that use special mathematical algorithms built in computer software. Such methods are a substantial  but surmountable obstacle for acquiring copyright and patent protection. The examined legal orders evolve by encouraging the development of national cryptographic and software systems, and ensuring its protection by patent law under certain conditions and based on a number of principles that are taken into account in national legislation of the BRICS countries. Correlation of the effectiveness of ensuring information security using only patented encryption or with application of additional protection based on the provisions on commercial secret, demonstrated futility of using the latter. From the perspective of international (or supranational) law, cryptographic software is controlled within the framework of international agreements on distribution of technical data, military and dual-purpose products.
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Maile, A. D. "Legislation on Administrative Procedures: The German Experience." Siberian Law Review 18, no. 2 (October 20, 2021): 204–15. http://dx.doi.org/10.19073/2658-7602-2021-18-2-204-215.

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This article provides an overview of the main provisions of German administrative procedural law. It outlines in a systematic way the particularities of administrative procedures and the possibilities for a citizen to seek administrative remedy. The essence of the basic principles of administrative procedural law as well as the particularities of temporary legal protection and the possibilities for an extrajudicial appeal against an administrative act are explained to the reader. The Author points out that administrative proceedings in Germany are, in a broad sense, any decision-making activity of a public administration body. According to the German Administrative Procedure Act, an administrative procedure in the sense of the law is an externally imposed activity of the administrative authorities that is aimed at verifying the conditions, preparing and issuing an administrative act or entering into a public-law contract. At the same time, the activities of a public administration body are not bound by a specific form, unless there are specific rules on the form of procedure. It is stated that current German administrative law distinguishes between an administrative act and a general order. The latter is also an administrative act, the range of addressees, however, is wider. An administrative act according to the law is any order, decision or other authoritative action of an administrative body aimed at regulating a single case in the field of public law and having direct legal consequences of an external nature. A general order is an administrative act, which is addressed to a certain or defined by general features, or which concerns the public-law properties of a thing or the use of it by the public. The author notes that an administrative act must be specific in content, justified and announced to the participants in the proceedings. As long as the act has not been declared, it is invalid. An administrative act is valid from the moment it is announced, unless it itself provides otherwise. It continues in force until it is revoked, cancelled, terminated by a deadline or for any other reason specified in the law. Based on the analysis, it is concluded that the lack of a law on administrative procedures in Russia is a negative indicator of the modern Russian administrative legal system.
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Massacci, Fabio, Marco Prest, and Nicola Zannone. "Using a security requirements engineering methodology in practice: The compliance with the Italian data protection legislation." Computer Standards & Interfaces 27, no. 5 (June 2005): 445–55. http://dx.doi.org/10.1016/j.csi.2005.01.003.

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Rashid, Walaa Ahmed. "Constitutional Protection of Rights and Public Freedom in Light of Iraqi Constitution of 2005." Journal of AlMaarif University College 33, no. 4 (December 7, 2022): 211–35. http://dx.doi.org/10.51345/.v33i4.543.g309.

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Civil society organizations are one of the institutions that support democratic systems and they are the non-governmental organizations, since governmental organizations are naturally biased to governments. Civil society organizations work to promote public freedoms through their activities stipulated in both the Iraqi Constitution of the year 2005 and the Egyptian Constitution of the year 2014, where each of them were granted freedom to form association and syndicates. As well as the national legislation, which regulates the work of those organizations, to achieve the objectives for which they were established in promoting and supporting human rights and fundamental freedoms.The Egyptian draft Law No. 70 of 2017, as well as the Iraqi NGO Law of 2010, provided a model for enabling the work of these organizations, and organizing their legitimate activities, and prohibiting their activities that “harm national security, public order, public morality, public health, or territorial integrity.” However, it is preferred to expand the circle of the establishment of civil society organizations and to remove the obstacles towards their development, and then the Egyptian and Iraqi legislators should take the necessary legislative steps to achieve this purpose. Whereas, the civil society is the nucleus of true democracy, which allows the opposition to discuss and take Anti attitudes against the performance of the work of the government.
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Solovey, Yu P. "Modern Problems of Building the Russian Model of the Administrative Process: A Review of the All-Russian Scientific-Practical Conference." Siberian Law Review 18, no. 2 (October 20, 2021): 110–27. http://dx.doi.org/10.19073/2658-7602-2021-18-2-110-127.

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The review contains the abstracts of the participants of the All-Russian scientific-practical conference “Modern problems of building the Russian model of the administrative process”, held on June 4, 2021 at the Siberian Law University (Omsk) and being the next stage in the development of the discussion of domestic administrative law scholars about the current model of the Russian administrative process, its concept, types,volume and structure, directions for improving the administrative procedural legislation, based on the standards of a legal state and taking into account the experience of foreign countries. Despite the difference in approaches to understanding the administrative process, the theoretical construction of its model, the conference participants expressed a common opinion about the urgent need to develop and adopt legislative acts that ensure an appropriate level of proceduralization of administrative activities and, accordingly, reliable protection of the rights and legitimate interests of citizens and organizations in the field of their relationship with the public administration.
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Dias Canedo, Edna, Angelica Toffano Seidel Calazans, Eloisa Toffano Seidel Masson, Pedro Henrique Teixeira Costa, and Fernanda Lima. "Perceptions of ICT Practitioners Regarding Software Privacy." Entropy 22, no. 4 (April 10, 2020): 429. http://dx.doi.org/10.3390/e22040429.

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During software development activities, it is important for Information and Communication Technology (ICT) practitioners to know and understand practices and guidelines regarding information privacy, as software requirements must comply with data privacy laws and members of development teams should know current legislation related to the protection of personal data. In order to gain a better understanding on how industry ICT practitioners perceive the practical relevance of software privacy and privacy requirements and how these professionals are implementing data privacy concepts, we conducted a survey with ICT practitioners from software development organizations to get an overview of how these professionals are implementing data privacy concepts during software design. We performed a systematic literature review to identify related works with software privacy and privacy requirements and what methodologies and techniques are used to specify them. In addition, we conducted a survey with ICT practitioners from different organizations. Findings revealed that ICT practitioners lack a comprehensive knowledge of software privacy and privacy requirements and the Brazilian General Data Protection Law (Lei Geral de Proteção de Dados Pessoais, LGPD, in Portuguese), nor they are able to work with the laws and guidelines governing data privacy. Organizations are demanded to define an approach to contextualize ICT practitioners with the importance of knowledge of software privacy and privacy requirements, as well as to address them during software development, since LGPD must change the way teams work, as a number of features and controls regarding consent, documentation, and privacy accountability will be required.
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Dissertations / Theses on the topic "Software protection / Law and legislation"

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Karjiker, Sadulla. "Open-source software and the rationale for copyright protection of computer programs." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80044.

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Thesis (LLD)--Stellenbosch University, 2013.
ENGLISH ABSTRACT: The rationale for the legal protection of copyright works is based on the perceived need to encourage the creation of works which are considered to be socially beneficial. By awarding authors proprietary rights in their creations, copyright law allows authors the ability to earn direct financial returns from their efforts, and, thus, copyright law provides the required incentives for authors to create copyright works. Since the early days of commercial software development, copyright protection has been extended to computer programs; thus, by providing such protection it was assumed that their production should be encouraged, and that without such protection they will not be produced to the extent required by society. Comparatively recently, we have witnessed large-scale production of open-source software, which is licensed on generous terms, giving users the right to freely use, modify and redistribute such software. By adopting such licensing terms, the authors of open-source software are unable to charge licensees a fee for permission to use their software, which is the reward which copyright assumes authors seek to create such software. This development has made it necessary to re-evaluate the rationale for copyright protection of computer programs, and determine whether the continued protection of computer programs is justifiable. This study seeks to first establish a coherent theoretical justification for copyright protection, which it is submitted should be an economic justification, rather than a moral justification. The legal analysis in this work seeks to establish whether the copyright protection of computer programs is consistent with the economic justification for copyright protection. In particular, the analysis focuses on the current scope of copyright protection, and seeks to establish whether such protection is excessive, stifling creativity and innovation, and, thus, imposing too high a social cost. It is contended that copyright doctrine has generally sought to minimise these costs, and that current scope of copyright protection of computer programs leaves enough creative room for the production of new software. Despite the fact that the effect of open-source software licences is that authors are unable to earn the direct financial rewards which copyright enables authors to earn as an incentive to create such software, their authors continue to have financial incentives to create such software. Commercial firms who invest in open-source software do so because they seek to provide financially-rewarding related services in respect of software, or because it serves to promote sales in their complementary products. Similarly, the participation of individual computer programmers is largely consistent with the standard economic theories relating to labour markets and the private provision of public goods. Individuals are principally motivated by economic motives, such as career concerns. Copyright protection gives participants the choice to opt for the direct financial rewards which its proprietary protection enables, or the more indirect financial rewards of open-source software development. It is submitted within this research that rather than undermining the rationale for copyright protection of computer programs, the development of open-source software has illustrated that copyright protection allows for the emergence of alternative business models, which may be more economically advantageous to authors.
AFRIKAANSE OPSOMMING: Die rasionaal agter outeursregbeskerming wat deur die reg verleen word is gebasseer op 'n behoefte om die skepping van werke wat sosiaal voordelig geag word te bevorder. Outeursreg verleen aan outeurs direkte finansiële vergoeding vir hul inspanning deur die vestiging van eiendomsreg oor hul werke. Dus, outeursreg voorsien outeurs van die nodige insentiewe om sulke werke te skep. Sedert die begindae van kommersiële sagteware ontwikkeling, is outeursregbeskerming uitgebrei om aan rekenaarprogramme sulke beskerming te bied. Deur die bied van outeursregbeskerming word daar aangeneem dat die ontwikkeling van rekenaarprogramme aangemoedig word en dat sonder die genoemde beskerming programme nie geproduseer sal word tot in 'n mate benodig deur die samelewing nie. Onlangs egter, is daar 'n grootskaalse ontwikkeling van oopbronsagteware opgemerk. Hierdie sagteware word onder ruime terme gelisensieer en gee aan gebruikers die reg om die genoemde sagteware te gebruik, te wysig en vrylik te versprei. Deur sulke terme van lisensiëring aan te neem word outeurs verhoed om vanaf lisensiehouers 'n fooi te vorder vir die toestemming om die sagteware te gebruik. Outeursreg neem aan dat hierdie vergoeding die basis vorm waarom outeurs sulke sagteware ontwikkel. Hierdie ontwikkeling maak dit nodig om die rasionaal agter outeursregbeskerming van rekenaarprogramme te her-evalueer en ook om vas te stel of die volgehoue beskerming van rekenaarprogramme regverdigbaar is. Hierdie studie poog om, eerstens, 'n samehangende teoretiese regverdiging vir outeursreg te vestig. Daar word aan die hand gedoen dat hierdie beskerming 'n ekonomiese, eerder as 'n morele regverdiging as grondslag moet hê. Die regsontleding vervat in hierdie werk poog om vas te stel of die outeursregbeskerming wat aan rekenaarprogramme verleen word in lyn is met die ekonomiese regverdiging van outeursregbeskerming. Die analise fokus in besonder op die huidige bestek van outeursregbeskerming en poog om vas te stel of sodanige beskerming oormatig is, of dit kreatiwiteit en innovasie onderdruk en derhalwe te hoë sosiale koste tot gevolg het. Daar word geargumenteer dat outeursreg in die algemeen poog om sosiale koste te verlaag en dat die huidige omvang van outeursregbeskerming van rekenaarprogramme voldoende kreatiewe ruimte vir die ontwikkeling van nuwe sagteware laat. Die effek van oopbronsagteware is dat outeurs nie in staat is om direkte finansiële vergoeding te verdien, wat as insentief gesien word vir die ontwikkeling van sagteware, nie. Ten spyte hiervan is daar steeds voldoende finansiële insentiewe om sodanige sagteware te ontwikkel. Kommersiële firmas belê in oopbronsagteware om finansiëel lonende verwante dienste ten opsigte van sagteware te voorsien. Dit kan ook dien om verkope in hul onderskeie aanvullende produkte te bevorder. Eweweens is die deelname van individuele rekenaarprogrameerders oorwegend in lyn met die standaard ekonomiese teoriëe ten opsigte van die arbeidsmark en die privaat voorsiening van openbare goedere. Individue word gemotiveer deur ekonomiese motiewe, soos byvoorbeeld oorwegings wat verband hou met hul loopbane. Outeursregbeskerming bied aan deelnemers die keuse om voordeel te trek uit die direkte finansiële vergoeding wat moontlik gemaak word deur outeursregbeskerming of uit die meer indirekte finansiële vergoeding gebied deur die ontwikkeling van oopbronsagteware. In hierdie navorsing word daar geargumenteer dat die ontwikkeling van oopbronsagteware geillustreer het dat outeursregbeskerming die onstaan van alternatiewe besigheidsmodelle toelaat wat ekonomies meer voordelig is vir outeurs in plaas daarvan dat dit die rasionaal vir die outeursregbeskerming van rekenaarprogramme ondermyn.
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Everett, Christopher E. "Fundamentals of software patent protection at a university." Master's thesis, Mississippi State : Mississippi State University, 2003. http://library.msstate.edu/etd/show.asp?etd=etd-01062003-174536.

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Forsyth, Guy, and N/A. "A minimalist sui generis legislative proposal for the application of common law principles to the protection of computer software." University of Canberra. Law, 1998. http://erl.canberra.edu.au./public/adt-AUC20090714.142532.

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This thesis examines the development of copyright and patent protection in the United States, United Kingdom and Australia and proposes that intellectual property is not the correct mechanism for protecting computer software. Both copyright and patent protection are evaluated in relation to their application to protecting the various elements of software. The increased desire for patent protection of software in the United States has recently impacted the debate over the correct regime for intellectual property protection. There has also been a corresponding restriction in the application of copyright protection by the courts. Combined with an undercurrent of sui generis software legislation being advocated by academia this has lead to the situation where there is continuing uncertainty over which method of protection should be provided for software. It will be shown that copyright is inadequate for the protection of computer software and that it does not address the correct element requiring protection. Patents, by corollary, provide protection that is excessive. The socio-economic effects of patent protection will be shown to demonstrate that it is not a worthy successor or adjunct to copyright. While copyright has attempted to protect one aspect (source code) patents have attempted to protect another (functionality). The thesis identifies the fundamental flaws in the protection offered by both regimes and proposes that they are equally unsuitable for the protection of software. Software will be shown to possess a diverse array of elements that are largely indivisible if adequate protection is to be provided. It is proposed that software be considered as a new form of property, referred to as Binary property, which covers informational and information processing entities. Further, the existing common law principles should be applied to the aspects that are at the heart of the intellectual property protection dilemma. In reality the elements requiring protection in software are activities that wrongfully duplicate a work or replicate it to create clones. It will be shown that the common law principles of theft, trespass, breach of contract and passing-off are suitable for protecting developers from these infringements. It will also be contended that any legislative intervention should be limited so that a certain degree of replication is allowable where there is a benefit to society through technological advancement or enhancement through standardisation. As such the application of common law principles are applied in a minimalist legalistic environment. The minimalist approach takes the position that there should be minimal legislative intervention in the computer industry. It proposes that there should be legislative intervention to enable the existing common law to take account of computer technology and provide for its continuing impact on society that will accelerate into the next millennium. It further shows that the continuing development of computer technology will outpace intellectual property necessitating the recognition of computer software as a unique form of new property in existing jurisprudence. The application of existing common law principles of property and the reduction in the monopolistic nature of intellectual property will not only benefit the highly dynamic and creative international computer industry but it will also be in the best interests of the Australian software development industry.
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Koutouki, Dina. "Reconsidering copyright protection for software and databases." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0015/MQ48159.pdf.

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Chung, Kam-tong Peter, and 鍾錦棠. "China consumer protection law: panacea or placebo?" Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2005. http://hub.hku.hk/bib/B45012799.

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Martin, Daniel Gordon 1963. "The Archaeological Resources Protection Act, other federal legislation, and the protection of cultural resources in the United States." Thesis, The University of Arizona, 1987. http://hdl.handle.net/10150/276621.

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Within the past 100 years, the protection of archaeological and other cultural resources have fallen in part under federal jurisdiction. The role of federal legislation and regulations, with particular emphasis on the Archaeological Resources Protection Act of 1979 (ARPA), is evaluated in terms of guidelines, application, and effectiveness. A history of federal legislation is presented, followed by an in-depth review and analysis of ARPA. The relevance and applicability of ARPA and other legislation is reviewed in terms of resource significance, definitions of archaeological material, logistics of law enforcement, and prosecution of violators. A case review is presented and analyzed. The roles of public archaeology and future legislation are discussed as they apply to continued efforts toward preservation of cultural resources.
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Mdluli, Buyile Doris. "Online Consumer Protection: an analysis of the nature and extent of online consumer protection by South African legislation." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12894.

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Belevici, Stanislav. "The legal framework for investment protection in [the] Russian federation /." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83946.

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Attempts by the international community to establish a comprehensive global framework for protection of foreign investment have not yet succeeded. The Russian Federation has remained aloof from these efforts. Its attention instead has been focused on the need to redesign its internal legal framework to accommodate the transition to a market economy.
The first aim of this thesis is to identify the major policy issues that inform the multilateral investment protection debate and to identify the motives that have influenced Russia not to participate. The second aim is to provide an analysis of the progress that the Russian Federation has made in reforming its internal legal framework to better accommodate and protect foreign investment and identify the deficiencies that still have to be addressed.
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Kyaboba, Kasobwa Léon. "La prévention des atteintes à la sécurité des consommateurs de denrées alimentaires: étude comparée des droits congolais et belge et de l'Union européenne." Doctoral thesis, Universite Libre de Bruxelles, 2001. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211556.

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Stoddard, Damon. "A new Canadian intellectual property right : the protection of data submitted for marketing approval of pharmaceutical drugs." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101828.

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In order to market and sell a new pharmaceutical drug in Canada, the Minister of Health requires the initial applicant to submit clinical test results demonstrating that the drug is safe and effective for human use. Subsequent applicants, who typically lack the resources to conduct expensive clinical trials, must refer to and rely upon the initial applicant's data in their applications to market a generic version of the drug.
On June 17, 2006, the federal government of Canada published a proposed data protection regulation, which would provide an initial applicant with eight years of protection for clinical test results submitted in a new drug submission. This protection would lead to an eight year period of market exclusivity for the drug associated with the clinical test data, regardless of whether that drug was protected by a Canadian patent.
In this thesis, the author first describes what data protection is on a practical level, and distinguishes data protection from other forms of intellectual property rights. Next, the author discusses how various jurisdictions choose to protect clinical test data submitted to their health authorities. Canada's international obligations pursuant to the NAFTA and the TRIPS Agreement are also examined. In this regard, the author argues that Canada is under no obligation to provide initial applicants with eight years of data protection. Furthermore, the author argues that exclusive time-limited property rights in clinical test data are difficult to justify from a theoretical perspective. Finally, the author prescribes certain legislative changes to Canada's proposed data protection regulation.
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Books on the topic "Software protection / Law and legislation"

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1966-, Lemley Mark A., ed. Software and Internet law. 2nd ed. New York, NY: Aspen Publishers, 2003.

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McMahon, Michael J. Software and the law. Dublin: University College Dublin, 1994.

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Software and internet law. 4th ed. New York: Wolters Kluwer Law & Business, 2011.

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Samuelson, Pamela. Intellectual property protection for software. Pittsburgh, Pa: Carnegie Mellon University, Software Engineering Institute, 1989.

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Simon, David F. Computer law handbook: Software protection, contracts, litigation, forms. Philadelphia, Pa: American Law Institute-American Bar Association Committee on Continuing Professional Education, 1990.

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Xue, Hong, and Hong Xue. Software protection in China: A complete guide. Hong Kong: Sweet & Maxwell Asia, 1999.

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The software developer's and marketer's legal companion: Protect your software and your software business. Reading, Mass: Addison-Wesley Pub. Co., 1993.

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Software law: A user-friendly legal guide for software developers : with forms. Naperville, Ill: Sourcebooks, 1997.

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Software patents. 2nd ed. Gaithersburg: Aspen Law & Business, 2000.

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Software patents. New York: Wiley Law Publications, 1995.

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Book chapters on the topic "Software protection / Law and legislation"

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Hart, Robert. "Software Protection." In Information Technology & The Law, 47–69. London: Palgrave Macmillan UK, 1990. http://dx.doi.org/10.1007/978-1-349-11768-0_4.

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Hart, Robert. "Software Protection." In Information Technology & The Law, 53–74. London: Macmillan Education UK, 1986. http://dx.doi.org/10.1007/978-1-349-08652-8_4.

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Bieker, Felix. "EU Data Protection Legislation." In Information Technology and Law Series, 13–46. The Hague: T.M.C. Asser Press, 2022. http://dx.doi.org/10.1007/978-94-6265-503-4_2.

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Guo, Yimeei. "Software Copyright Protection." In Modern China’s Copyright Law and Practice, 159–77. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5352-8_8.

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Unni, V. K. "Software Protection Under Copyright Law." In Copyright Law in the Digital World, 185–203. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-3984-3_9.

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Becher, Shmuel I. "Key Lessons for the Design of Consumer Protection Legislation." In Law and Economics of Regulation, 73–99. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-70530-5_5.

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Zhang, Xinbao. "Operators’ Duty of Safety Protection on Business Premises." In Legislation of Tort Liability Law in China, 283–302. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-6961-1_11.

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Hansson, U. "The Swedish Animal Protection Law — stricter than EU legislation?" In Ersatz- und Ergänzungsmethoden zu Tierversuchen, 150–61. Vienna: Springer Vienna, 1998. http://dx.doi.org/10.1007/978-3-7091-7500-2_21.

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Lazar, Elena, and Dragos Nicolae Costescu. "Data Protection Regulations: Overview of the Romanian Legislation and Deficiencies." In Ius Comparatum - Global Studies in Comparative Law, 285–307. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-28049-9_12.

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Foucher, Patricia, Anne Morin, and Agnès Chambraud. "The Importance of Community Law for French Consumer Protection Legislation." In European Consumer Policy after Maastricht, 209–23. Dordrecht: Springer Netherlands, 1994. http://dx.doi.org/10.1007/978-94-017-1484-6_11.

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Conference papers on the topic "Software protection / Law and legislation"

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Salgado, Marina. "Cultural heritage and urban protection legislation." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg155_01.

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Pasca, Ioana-Celina. "Criminal Protection of Privacy in Legislation of Romania." In The 7th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia, 2020. http://dx.doi.org/10.22364/iscflul.7.2.23.

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Papanikolaou, Apostolos, George Zaraphonitis, Markus Jokinen, Adrien Aubert, Stephan Harries, Jochen Marzi, George Mermiris, and Rachmat Gunawan. "Holistic Ship Design for Green Shipping." In SNAME Maritime Convention. SNAME, 2022. http://dx.doi.org/10.5957/smc-2022-020.

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The pattern of seaborne trade and goods transportation is changing and ships need to adapt to changes of customer and market requirements, cargo volumes, and new legislation for the safety of ships and nowadays, even more, to the strict regulatory requirements for the protection of the environment. Responding to the urgent needs for substantial reduction of GHG (Green House gas) emissions from marine operations in line with the ambitious targets set by the International Maritime Organisation and the European Commission, a series of research and development works were initiated in the maritime sector for the ships designed and built today and be operating in the next decades to meet future environmental requirements. Responding to these needs, the recently completed Horizon 2020 European Research project – HOLISHIP – Holistic Optimisation of Ship Design and Operation for Life Cycle (2016-2020) has developed suitable tools and software platforms, as necessary for the creation of innovative design solutions meeting the set low emission strategic objectives. The present paper is presenting the HOLISHIP, multi-objective optimisation approach to green shipping and demonstrates a subset of its functionality by two green design RoPAX case studies.
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Golovina, Svetlana, and Ilona Voitkovska. "Protection Against Violence in the Workplace: International Standards and Labor Legislation of Russia and Kazakhstan." In XIV European-Asian Congress "The value of law" (EAC-LAW 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201205.020.

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Книшенко, С. Ю. "Modern trends in criminal law protection of life in Russian legislation." In XXIII Международная научная конференция «Цивилизация знаний: российские реалии» «Цивилизационные задачи современного правоведения: наука, образование, практика» (стратегическая панель). Crossref, 2022. http://dx.doi.org/10.18137/cz22.2022.41.52.001.

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В статье рассматриваются основные тенденции уголовно-правовой политики в Российской Федерации на современном этапе. Анализируется влияние приоритетов уголовно-правовой охраны, современной преступности и транснациональных преступлений на формирование основных направлений уголовного законодательства и правоприменительной практики. The article examines the main trends of criminal law policy in the Russian Federation at the present stage. The influence of the priorities of criminal law protection, modern crime and transnational crimes on the formation of the main directions of criminal legislation and law enforcement practice is analyzed.
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Сулейманова, Галия, and Galiya Sulyeymanova. "Social support for a large family: a critical analysis of the current legislation." In International legal aspects of family law and protection of children's rights. Москва: INFRA-M Academic Publishing LLC., 2018. http://dx.doi.org/10.12737/2969-337-342.

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Александрова, Анна, and Anna Aleksandrova. "The rights of persons with family responsibilities in the labor legislation of foreign countries." In International legal aspects of family law and protection of children's rights. Москва: INFRA-M Academic Publishing LLC., 2018. http://dx.doi.org/10.12737/2968-328-336.

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Бакаева, Ирина, and Irina Bakaeva. "Marriage contract in the legislation of the Russian Federation and foreign countries: problems of theoretical analysis." In International legal aspects of family law and protection of children's rights. Москва: INFRA-M Academic Publishing LLC., 2018. http://dx.doi.org/10.12737/2960-254-265.

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Ilyin, Innokentiy, and Ruslan Ahmedov. "FORMATION AND DEVELOPMENT OF LEGISLATION ON animal protection IN PRE-REVOLUTIONARY RUSSIA." In Current problems of jurisprudence. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02058-6/149-154.

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This article analyzes the legislative regulation of the protection of objects of the animal world at different stages of the development of the state and law of Russia in the pre-revolutionary period of time.
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Dimitrova, Darina. "ON SOME QUESTION OF THE ADMINISTRATIVE LEGAL PROTECTION OF THE RIGHT TO WORK." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.254.

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The present work examines the current legislation on some aspects of the administrative legal protection of the constitutional right to work. As a result of the analysis of the content of the constitutional right to work and of the basic means for its administrative legal protection conclusions and summaries are made about the applicable normative regulation concerning the questions in consideration.
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Reports on the topic "Software protection / Law and legislation"

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Devereux, Stephen. Policy Pollination: A Brief History of Social Protection’s Brief History in Africa. Institute of Development Studies (IDS), December 2020. http://dx.doi.org/10.19088/ids.2020.004.

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The relatively recent emergence and sustained rise of social protection as a policy agenda in Africa can be understood as either a nationally owned or ‘donor-driven’ process. While elements of both can be seen in different countries at different times, this paper focuses on the pivotal role of transnational actors, specifically international development agencies, as ‘policy pollinators’ for social protection. These agencies deployed a range of tactics to induce African governments to implement cash transfer programmes and establish social protection systems, including: (1) building the empirical evidence base that cash transfers have positive impacts, for advocacy purposes; (2) financing social protection programmes until governments take over this responsibility; (3) strengthening state capacity to deliver social protection, through technical assistance and training workshops; (4) commissioning and co-authoring national social protection policies; (5) encouraging the domestication of international social protection law into national legislation. Despite these pressures and inducements, some governments have resisted or implemented social protection only partially and reluctantly, either because they are not convinced or because their political interests are not best served by allocating scarce resources to cash transfer programmes. This raises questions about the extent to which the agendas of development agencies are aligned or in conflict with national priorities, and whether social protection programmes and systems would flourish or wither if international support was withdrawn.
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LEONOV, T. M., V. M. BOLSHAKOVA, and P. YU NAUMOV. THEORETICAL AND LEGAL ASPECTS OF PROVIDING MEDICAL ASSISTANCE TO EMPLOYEES OF THE MILITARY PROSECUTOR’S OFFICE. Science and Innovation Center Publishing House, 2021. http://dx.doi.org/10.12731/2576-9634-2021-5-4-12.

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The work is devoted to a comprehensive study of medical support, incl. sanatorium-resort treatment of employees of the military prosecutor’s office and members of their families (persons who are dependent on them). It is noted that health care is structurally included in services that, in addition to cash payments and benefits in kind, represent the entire social security system. The main attention in the article is focused on the analysis of the normative legal regulation of the health protection of employees of the military prosecutor’s office, as well as the provision of medical assistance to them (prophylactic medical examination, medical examination, military medical examination, medical and psychological rehabilitation, sanatorium treatment, reimbursement of expenses for drugs and treatment) of proper quality and in the required volume. The key scientific results of the study are the generalization of legal information and scientific knowledge about the procedure for providing medical assistance to employees of the military prosecutor’s office. The main scientific results of the article can be applied to organize training in the discipline «Military law and military legislation». The article will be of interest to persons conducting scientific research on the problems of social protection of servicemen and their families.
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Eastman, Brittany. Legal Issues Facing Automated Vehicles, Facial Recognition, and Privacy Rights. SAE International, July 2022. http://dx.doi.org/10.4271/epr2022016.

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Facial recognition software (FRS) is a form of biometric security that detects a face, analyzes it, converts it to data, and then matches it with images in a database. This technology is currently being used in vehicles for safety and convenience features, such as detecting driver fatigue, ensuring ride share drivers are wearing a face covering, or unlocking the vehicle. Public transportation hubs can also use FRS to identify missing persons, intercept domestic terrorism, deter theft, and achieve other security initiatives. However, biometric data is sensitive and there are numerous remaining questions about how to implement and regulate FRS in a way that maximizes its safety and security potential while simultaneously ensuring individual’s right to privacy, data security, and technology-based equality. Legal Issues Facing Automated Vehicles, Facial Recognition, and Individual Rights seeks to highlight the benefits of using FRS in public and private transportation technology and addresses some of the legitimate concerns regarding its use by private corporations and government entities, including law enforcement, in public transportation hubs and traffic stops. Constitutional questions, including First, Forth, and Ninth Amendment issues, also remain unanswered. FRS is now a permanent part of transportation technology and society; with meaningful legislation and conscious engineering, it can make future transportation safer and more convenient.
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