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Auditing the trading history of an investment fund is an effective guard against financial frauds. But how can it be performed publicly, in real time, and without disclosing any commercial secret of a fund? In 2020, Luthra et al. developed ${\rm{ZeroAUDIT}}$ZeroAUDIT, a customized zero-knowledge protocol based on Merkle tree, which can assert that the accrued profit of an investment fund is as claimed given commitment/encryption of its transaction records. It was believed that a customized protocol has much better performance than general purpose zk-proof systems. In this work, we show that it is not true. We present ${\rm{ZeroAUDI}}{{\rm{T}}_{{\rm{GEN}}}}$ZeroAUDITGEN, a polymorphic zk-proof system for the same zk-audit problem, over a variety of general purpose zk-proof systems. We show that the prover and verifier cost can be greatly reduced by appropriate choice of security assumptions and design of concrete cryptographic constructions. [ABSTRACT FROM AUTHOR]

This essay explores the Descripción del Virreinato del Perú (c.1620), an anonymously authored account of viceregal Peru attributed to Pedro de León Portocarrero (c.1576–c.1620)—a Spanish New Christian merchant likely of Portuguese background. The analysis reveals that Portocarrero's text undermines Spanish colonial authority not just by supplying secret commercial and military intelligence to Dutch officials but also by subtly critiquing Spain's colonial enterprise on a symbolic discursive level. Consequently, the work offers an alternative, non-triumphalist, and dissident perspective on the Spanish colonization of Peru. [ABSTRACT FROM AUTHOR]

Prepregs are resin-impregnated, expensive composites mainly limited to high-end applications within the aeronautical, defense, automotive, and energy sectors. Prepreg technology is mainly protected by trade secrets, resulting in limited studies on prepreg resin matrix development and recent advancements. Three key parameters for epoxy resin matrix development including B-staging, viscosity, and tackiness, and their control strategies are discussed in detail. The B-stage is defined as the partially cured stage of epoxy prepregs and is extremely important for prepreg layup, pot life, and final performances. The three key parameters are interrelated and accurately controlled, and, hence, resin development plays a huge role in the prepreg development process. This review also discusses the measuring techniques of the parameters in detail. Based on the resin impregnation techniques and B-stage control, two approaches are proposed to develop the prepreg resin formulations: conventional resin impregnation and viscosity-controlled resin impregnation. The approaches would be extremely useful, especially for advancing beyond the existing prepreg applications and developing smart materials and functional composites through advanced resin modification strategies. [ABSTRACT FROM AUTHOR]

Trade secret protection is granted by the government to provide entities with an actionable right against the theft and misuse of their secrets. The government provides this protection to compensate for wrongful acts of competitors. However, the lack of checks on trade secret protections has instead provided a pathway for private entities to hide harmful information from the public. From water usage in a drought area to using toxic chemicals for fracking, there are countless examples of trade secret abuses. While not every use of trade secret protection is malicious, awarding unchecked trade secret protection can still have grave consequences. Recently, these consequences were most notable during the COVID-19 pandemic response when pharmaceutical companies used trade secret laws to prevent low-and middle-income countries from developing their own COVID-19 vaccines and treatments. This Comment explores a brief history of trade secret legislation in the United States, with a focus on recent challenges surrounding the invocation of trade secret protections. This illuminates the frequent exemptions of trade secrets from conventional obligations to provide information to the public, revealing a critical gap in essential knowledge concerning public health and safety. Then, this Comment proposes a new legal framework that will require private entities to provide certain information to the public on request. This proposed framework is modeled after the Freedom of Information Act (FOIA) and utilizes many of the same procedures and mechanisms. However, unlike FOIA, this framework weighs heavily in favor of disclosure, ensuring the public will get information—such as drug efficacy— needed to make decisions and hold private entities accountable for impacts on public health and safety without completely removing trade secret protections. Finally, this Comment proposes incentives that can be offered to private entities, including increased patent protection and tax benefits. Trade secret protections are rooted in tort law against unfair competition; trade secret law was never meant to protect. [ABSTRACT FROM AUTHOR]

This paper studies whether firms opportunistically make proprietary claims in mandatory environmental disclosure programs with trade secret exemption rules. Examining the mandatory chemical disclosure program in the fracking industry, I find evidence of opportunistic withholding of information among operators that are less likely to have trade secrets. Specifically, I find that these operators claim fewer chemicals as trade secrets when the operating site is in close proximity to water quality monitors. This is only observed among publicly traded operators that face a higher cost of societal backlash when disclosing pollutant information. Further analyses suggest that these operators are concerned about external environmental monitoring, which deters them from opportunistic information withholding. Regarding public and private operators that are more likely to have trade secrets, I do not find strong evidence that their information withholding varies with the monitoring conditions. [ABSTRACT FROM AUTHOR]

The development of defect-free flint glass for use in telescopes and navigational instruments was a key technological challenge facing European chemists, natural philosophers, and artisans that emerged in the 1750s. In 1805, Pierre-Louis Guinand, a Swiss artisan, invented a fireclay stirrer used to stir molten flint glass to create a homogenous mixture relatively free of defects. In this paper, I show it was not Guinand, but French chemist Antoine Baumé, who first came up with the idea of using a fireclay stirrer. More important, both Guinand and another early optical glass researcher, Josiah Wedgwood, knew of and were influenced by Baumé's work. Baumé's optical glass contributions have been forgotten over the years for several reasons. First, he never promoted his idea of a fireclay stirrer due to the limited support and likelihood of failure for such an artisanal-focused project within the Académie, which stressed theory over practice with regards to glassmaking. Second, glassmakers were hesitant to reveal their trade secrets and sources. And third, until fairly recently, Baumé's unrelenting support of the phlogiston theory led to his relegation as a minor figure in the history of chemistry, and his optical glass ideas fell off the radar of subsequent historians. [ABSTRACT FROM AUTHOR]

This paper examines the pervasive discourse of disruption in OER literature by recounting a facilitated conversation hosted at the 2023 Open Education Global conference held in Edmonton, Alberta. This dialogue used Bacchi's "what is the problem represented to be" (WPR) approach to structure the conversation in four movements. The first movement problematized the concept of OER by discussing the educational challenges OER supposedly addresses, such as the high cost of textbooks. The second movement considered the genealogy, historical development, and philosophical underpinnings of OER. The third movement accounted for the disruptors within the OER movement, exploring what OER have disrupted and discussing if disruption is even a legitimate goal of OER. The fourth and final movement pivoted to examine resistors and forms of resistance to OER, including the protection of intellectual property rights, copyright concerns, and Marcuse's idea of repressive tolerance. This single conversation generated a small but important piece of social intelligence within a much larger dialogue about open education, open pedagogy, and OER during a time of flux (characterized by intense politicization, the relentless progression of educational technology, the intensification of marketization, and the growing popularity of all-inclusive textbooks). This social intelligence can be used to guide the next transition phase for OER development. While the conversation does not offer tidy solutions or even clear recommendations, it does suggest that the next wave of OER practitioners would always do well to focus on the goals OER can achieve, not what they hope to disrupt. [ABSTRACT FROM AUTHOR]

Food delivery riders have gained widespread significance when countries went into lockdown to prevent the spread of COVID-19. Particularly in the Philippines, two major companies - Grab and Food Panda - employ thousands of delivery riders as "independent contractors," sans any insurance or protection. This paper argues that food delivery riders, in line with the nature of their work, should be aptly recognized as employees of their digital platforms and should be accorded the proper benefits, protection, and compensation. Notwithstanding the cautious phrasing in the agreements signed by the delivery riders classifying them as independent contractors, it is the submission of this research that the law remains the primary factor that determines the relationship between the parties. As such, an employer-employee relationship, as laid down in Philippine jurisprudence, covers food delivery riders. The paper likewise cites landmark rulings from Spain and France, which recognized delivery riders and drivers as employees of their digital platforms. It is high time that such practices of food delivery businesses be corrected in favor of worker's rights and a decent, gainful livelihood. [ABSTRACT FROM AUTHOR]

I consider a technology holder that has to decide whether to file for a patent or rely on secrecy, and a competing firm that can enter the market through technology transfer or imitation. Acknowledging that imitation is uncertain, imperfect, and takes time to materialise, as well as that intellectual property protection is not absolute, I find that technology transfer will always occur if the technological efficiency to imitate is sufficiently low. This will happen regardless of the protection choice of the inventor. Conversely, highly efficient imitation technologies will lead to imitation instead of licensing. I also consider that a trade secret might accidentally leak and thus lose its economic value, thereby rendering secrecy less preferable to patenting. Additionally, the risk of leakage might also lead to more imitation than licensing. Finally, considering that, in practice, the probability of leakage might increase with the number of firms practising a secret, I suggest an increase in the attractiveness of the patent system. [ABSTRACT FROM AUTHOR]

We examine whether the risk of losing proprietary information through the supply chain affects relationship‐specific investment (RSI) decisions by supply chain partners. Using state courts' staggered adoption of the Inevitable Disclosure Doctrine (IDD) as a shock to the firm's ability to protect proprietary information, we find that customers increase RSI when their supplier is headquartered in a state that adopts IDD. The effect is more substantial for customers who face a higher risk of losing proprietary information and with suppliers that are difficult to substitute. IDD also plays a more prominent role in the absence of alternate mechanisms that reduce contracting frictions, such as shared directors, common ownership, or joint ventures. Our results are robust to using cross‐citation measures of RSI and alternative estimations that mitigate potential biases arising from the staggered difference‐in‐difference approach. Our findings suggest that proprietary information protection enables firms to reduce contracting frictions arising in supply chain relations. [ABSTRACT FROM AUTHOR]

The paper analyzes possible ways of protecting artificial intelligence systems and their elements with the help of intellectual property law from the perspective of European Union law. This paper deals with copyright law, patent law and sui generis database protection in relation to artificial intelligence systems. The paper begins with an analysis of whether and how an artificial intelligence can be protected by means of copyright. The author analyzes the European Union's copyright acquis and concludes that the elements of the Al system, as well as the entire artificial intelligence system, that are implemented in software, can be protected by copyright as a computer program if the originality requirements are met. However, the originality requirement is unlikely to be met in all cases in this context. The same issue with the originality requirement applies to potentially possible copyright protection of artificial intelligence systems as databases. Therefore, it is concluded that the fulfillment of copyright requirements for protection of an artificial intelligence system must be established in each particular case. The author also considers whether patent law is applicable to protect artificial intelligence systems. For this purpose, the provisions of the patent law of the European Union, in particular, of the European Patent Convention, are analyzed. The author concludes that the artificial intelligence system may be patentable as a "computer-implemented invention" in case all the requirements for patent protection are met. Sui generis database protection is also considered as an additional possibility for legal protection of artificial intelligence systems, taking into account that its applicability is limited to the European Union. Whether sui generis database protection is applicable to the artificial intelligence system should be decided on a case-by-case basis. [ABSTRACT FROM AUTHOR]

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Why do countries enact stronger legal protections for trade secrets? Existing research on other types of intellectual property (IP) rights suggests at least three potential mechanisms. First, more powerful countries, such as the United States, coerce other countries into implementing stronger IP rights by threatening to enact trade sanctions against them. Second, countries agree through international legal instruments to strengthen their IP protections in exchange for benefits in other issue areas, especially trade. Third, countries that are open to capital flows increase their IP rights through regulatory competition with other countries to attract or retain multinational investment. This Article provides empirical evidence for an alternative mechanism, using data on the trade secret protection levels of seventeen Organisation for Economic Co-operation and Development (OECD) countries and twenty OECD trading-partner countries during the period of 1985 to 2010. This Article demonstrates that countries with civil-law legal systems were statistically more likely to implement increases in trade secret protections over time, all else being equal. Consequently, the findings in this Article provide support for emulation as a causal mechanism for increased trade secret protections. This Article argues that civil-law countries saw a lack of domestic-led innovation as an impediment to economic growth and sought to spur innovation by reducing legal uncertainty in the trade secret realm. In doing so, they emulated the relatively stronger trade secret protections of common-law countries. This Article provides a novel contribution to the literature on the diffusion of IP laws and holds significant implications for U.S. IP policy abroad. In particular, U.S. policymakers' efforts at shifting collectively held ideas about trade secrets through exchanges with foreign officials, like those that occur through the U.S. Patent and Trademark Office's IP attaché programs in foreign countries, offer substantial promise for raising other countries' trade secret protections to emulate those of common-law countries like the United States. [ABSTRACT FROM AUTHOR]

Every intellectual property right, like every property Tight generally, has a moment Qf birth. Whether and when that moment occurs depend on doctrines of original acquisition. In most IP regimes, these doctrines are so fundamental that they've been reduced to a single verb. One can get a patent only by inventing, or a copyright only by authoring. The modern law of trade secrecy, however remains strangely quiet on its own rules of original acquisition. While it asks whether the claimed ir® rmation is secret enough and whether the owner is guarding that secret, it sidesteps the basic question of what that would-be owner must do in order to earn legal protection in the Jirst place. That inattention is becoming more troubling. Firms are increasingly weaponizing the broad definition of trade secrets to assert rights over any information that they want to shield from public scrutiny, *om workplace irjury statistics to employee diversity data to consumer complaints. In many cases, the firm made no real effort to develop the information, and in the most egregious ones the firm would rather the information not exist at all. Still, under the black-letter eligibility test, it's not clear that thosefacts would bar a claim. Inl this Article, however we argue that trade secrecy does indeed possess a neglected doctrine of original acquisitionand its proper application could dispose Qfsorne of these perverse claims. In order to receive the legal entitlement, we contend, a claimant must have made some meaningful economic investment in causing the 01/brmation to exist. While tying trade secret protection to development cost has a long pedigree at common lau), it doesn't get the attention it deserves today because it's not mentioned in any governing statute. Yet as we show, many cases nevertheless continue to treat development cost as afreestanding eligibility consideration anyway. Emphasizing investment within trade secrecy's law of original acquisition is a policy lever hiding in plain sight within classical doctrine. While conditioning eligibility on this sort of sweat equity isfamously atfured by both copylight and patent law, we explain why it makes far more sensejor trade secrets. [ABSTRACT FROM AUTHOR]

Access to firms' innovation outputs determines the extent of knowledge spillover that poses risk to innovation appropriability. We provide plausibly causal evidence that processing costs of financial disclosures, which inform users of the economic value of innovation, play a key role in firms' management of knowledge spillover. We exploit an exogenous, randomly assigned, and staggered policy shock by the SEC that reduces processing costs of mandatory financial disclosures. In response, firms reduce patenting rates, with the effect concentrated among firms in more competitive industries and with lower costs of capital. Firms also reduce their patent disclosure quality. Our results suggest firms rely more on trade secrecy as their innovation property protection mechanism. Lower processing costs of financial disclosures affect neither innovation inputs nor voluntary disclosure practices. Our results show that firms strategically manage access to their innovation outputs through financial disclosures, patent disclosures, and trade secrecy to curb knowledge spillover. [ABSTRACT FROM AUTHOR]

Having studied the rules for transferring seized property to the management of the Agency for Search and Asset Management of Ukraine and its return to the owner in light of the principle of inviolability of property rights, the author came to the conclusion that these rules should be changed. The special management regime of particularly valuable seized property must be primarily aimed at achieving the purpose of the seizure. For this purpose, it is sufficient merely to establish a prohibition for the owner to use and transfer his/her property (freezing of the assets) to ensure its unimpeded collection into state income after delivery of a guilty verdict or an illicit enrichment decision. The legitimate interest of the state in preserving the economic value of assets could be satisfied by their owner under the control of the government authorities or by agreeing with him a responsible custodian of the property, whose activities must be limited to maintaining at the initial level the properties of the property that underlie its value. The transfer of seized property to a manager specified by the Asset Recovery and Management Agency of without the consent of the owner, as well as its forced sale, amounts to to the acquisition of the right to free temporary use of someone else's property to receive income from it or to convert non-monetary property into its monetary value. These measures should be recognized as exceptional and their implementation should be possible if: (1) their owner will not provide financial or other guarantees for the potential recovery of the corresponding sums by the state; (2) their duration is limited to a reasonable period, which must be determined by the investigating judge (court) while making a judgment regarding permission to carry out these measures; (3) they are accompanied by the full responsibility of the state for any negative consequences of these measures, including the consequences of mismanagement of seized assets, which may lead to their unreasonably accelerated wear, lost profits, disclosure of commercial secrets, loss of trust on the part of employees and counterparties, etc. In addition, proceeds from asset management in case of cancellation of seizure of assets must be returned to their owner together with the assets. [ABSTRACT FROM AUTHOR]

In the conditions of the development of market relations in Ukraine, the protection of commercial information is becoming an increasingly urgent issue. Growing competition, technological progress and the globalization of markets encourage business entities to implement various measures to ensure the privacy of their data. One of the most effective tools for this is a commercial nondisclosure agreement, which is designed to protect sensitive information from unauthorized use and/or disclosure. In connection with the constant changes in the economic and legal environment, there is a need for research in the field of commercial nondisclosure agreements. The development of new approaches to the conclusion and enforcement of non-disclosure agreements will allow taking into account changes in the economic environment and technological innovations, which in turn will strengthen the legal framework for business protection. The article examines the legal nature of an agreement on non-disclosure of commercial information, in particular in the context of labor relations, where one of the parties is an employee, and also provides a definition of such an agreement. The author notes that an essential condition of this contract is a clear definition of the information subject to protection. The definition of trade secret covers financial, technical, legal, corporate information and other information of commercial value. The author offers a list of information that can be classified as a commercial secret, and emphasizes the importance of adapting this list to the specifics of legal relations. In particular, in contracts concluded between an employer and an employee, it is necessary to provide for information protection conditions, and also an important aspect is the regulation of the term of the contract, which can extend both to the period of the employment relationship and after its termination. The author emphasizes that the regulation of relations regarding the non-disclosure of commercial information can be implemented within the framework of a mixed contract containing elements of various contracts, which opens up new opportunities for the legal protection of commercial secrets in various spheres of activity. The legal analysis of the specified contract provides an opportunity to consider in detail the structure, essential conditions and features that can significantly affect the effectiveness of its application. [ABSTRACT FROM AUTHOR]

This article explores the impact of the America Invents Act (AIA) on patent laws, specifically focusing on the grace period exceptions and prior user rights defense. It discusses the uncertainty surrounding the definitions of certain terms within the act, particularly in relation to the grace period exceptions. The article recommends redefining key terms and implementing additional reforms to clarify the AIA's policy goals. It also highlights the potential consequences of the uncertainty in patent law, such as inventors inadvertently invalidating their patent rights and discouraging investment in inventions. The article emphasizes the need for certainty and proactive reforms in the patent system. [Extracted from the article]

An investor exploiting their trade secret in a foreign territory puts it at risk of disclosure, use, or regulation by the host State. If the risk materializes, a foreign investor may seek to mitigate the impacts with the protections afforded by an investment treaty. As investors in the Czech Republic, Kenya, Pakistan, and Venezuela have sought to do. While the protection of trade secrets has been noted by commentators, a detailed analysis of the protection of trade secrets under international investment law is yet to be offered. In this article, I outline how trade secrets amount to an 'investment', the types of risks to a trade secret, and how the protection against expropriation can mitigate four risks for a foreign investor. [ABSTRACT FROM AUTHOR]

This article examines the emergence of trade secrets law as a specific sub-branch of civil and industrial law which protects a trade secret regardless of whether or not it has been patented. In English law, this protection has been afforded by courts of equity since the judgment of Yovatt v. Winyard in 1820, whereas the development of French case law on trade secrets in the 19th and early 20th centuries was based upon Art. 418 of the Criminal Code of 1810, which pronounced the divulgation of a trade secret to be a misdemeanour. Thus, French case law was developed by correctional courts, as well as some cases that reached appellate courts and the Court of Cassation. The discussion of the history of trade secrets law will enable the institute of trade secrets to be more thoroughly understood, and will facilitate the examination of the legal grounds for courts affording protection to trade secrets.

We find that an increase in a firm's incentives to use trade secrets to protect its intellectual property results in a more actively managed capital structure. Exploiting U.S. states' adoption of the Uniform Trade Secrets Act as a positive "shock" in the protection afforded to trade secrets, we find that firms covered by the Act reduce debt levels while increasing investments in intangibles. Additional tests suggest that firms fund these financing and investment activities by issuing more equity. Consistent with an increase in overall intangibility magnifying contracting problems with creditors, we find that covered firms experience higher costs of debt. [ABSTRACT FROM AUTHOR]

Interrelationship between Intellectual Property Rights (IPR) and the Basic Human Rights is a complex interplay of legal, ethical, and societal considerations that have significant implications for various aspects of our lives. This critical analysis aims to unravel the intricate connections between these two domains, shedding light on whether they coexist in harmony or conflict with one another. At the confluence of IPR and Human Rights lies a dynamic landscape marked by both convergence and divergence. Intellectual Property Rights, including copyrights, patents, trade secrets and trademarks, serve as a foundation for incentivizing innovation and creativity. They reward creators and innovators, offering exclusive rights to their intellectual endeavors. Conversely, Human Rights, entrenched in principles of dignity, equality, and access to resources, stand as a universal standard safeguarding individual freedoms and social welfare. This article critically examines the correlation between Intellectual Property Rights (IPR) and natural Rights, exploring whether they are conflicting or complementary. The analysis delves into the intersections, tensions, and potential synergies between these two domains, shedding light on the implications for society, innovation, and the coherence between private interests and the greater societal good. By a comprehensive analysis of previous studies and concrete examples, this article seeks to elucidate the intricate dynamics and their impact on global socio-economic landscapes. [ABSTRACT FROM AUTHOR]

This article presents the transcription of the instructions given to João Pereira Caldas, in 1772, for the government of the State of Grão-Pará and Maranhão and proposes a critical study of its provisions. The instructions were compared with documents on colonization policies involving Grão-Pará, Mato Grosso, Rio Negro and domains of Castile, such as the Very Secret Trade Plan, also from 1772. The analysis of these sources allowed us to deepen the correlation of the main themes of the Instructions: cross-border trade, as well as the application of the Indian Directory and its impact on the settlement and defense of the Portuguese-Castilian borders. [ABSTRACT FROM AUTHOR]

Supervenience in metaethics is the notion that there can be no moral difference between two acts, persons or events without some non-moral difference underlying it. If St. Francis is a good man, there could not be a man exactly like St. Francis in non-evaluative respects that is not good. The phenomenon was first systematically discussed by R. M. Hare (1952), who argued that realists about evaluative properties struggle to account for it. As is well established, Hare, and following him, Simon Blackburn, mistakenly took the relevant phenomenon to be weak rather than strong supervenience, and the explanations they offered for it are accordingly outdated. In this paper, I present a non-factualist account of strong supervenience of the evaluative and argue that it fares better than competing realist views in explaining the conceptual nature of the phenomenon, as well as in offering an account of the supervenience of the evaluative in general, rather than more narrowly the moral. While Hare and Blackburn were wrong about the specifics, they were right in that non-factualists can offer a plausible account of the supervenience of the evaluative, that in certain respects is superior to competing realist explanations. [ABSTRACT FROM AUTHOR]

Generative artificial intelligence (AI) systems, together with text and data mining (TDM), introduce complex challenges at the junction of data utilization and copyright laws. The inherent reliance of AI on large quantities of data, often encompassing copyrighted materials, results in multifaceted legal quandaries. Issues surface from the unfeasible task of securing permission from each copyright holder for AI training, further muddled by ambiguities in interpreting copyright laws and fair use provisions. Adding to the conundrum, the clandestine practices of data collection in proprietary AI systems obstruct copyright owners from detecting unauthorized use of their materials. The paper explores the exceptions to copyright laws for TDM in the European Union, the United Kingdom, and Japan, recognizing their crucial role in fostering AI development. The EU has a two‐pronged approach under the Directive on Copyright in the Digital Single Market, with one exception catering specifically to research organizations, and another, more generalized one, that can be restricted by rightsholders. The UK allows noncommercial TDM research without infringement but rejected a broader copyright exception due to concerns from the creative sector. Japan has the broadest TDM exception globally, permitting the nonenjoyment use of works without permission, though this can potentially overlook the rights of copyright owners. Notably, the applicability of TDM exceptions to AI‐produced copies remains unclear, creating potential legal challenges. Furthermore, an exploration of the fair use doctrine in the United States provides insight into its potential application in AI development. It focuses on the transformative aspect of usage and its impact on the original work's potential market. This exploration underscores the necessity for clear, practical guidelines. In response to these identified challenges, this paper proposes a hybrid model for TDM exceptions emerges, along with recommended specific mechanisms. The model divides exceptions into noncommercial and commercial uses, providing a nuanced solution to complex copyright issues in AI training. Recommendations incorporate mandatory exceptions for noncommercial uses, an opt‐out clause for commercial uses, enhanced transparency measures, and a searchable portal for copyright owners. In conclusion, striking a delicate equilibrium between technological progress and the incentive for creative expression is of paramount importance. These suggested solutions aim to establish a harmonious foundation that nurtures innovation and creativity while honoring creators' rights, facilitating AI development, promoting transparency, and ensuring fair compensation for creators. [ABSTRACT FROM AUTHOR]

While intellectual property laws protect rights holders from infringement of their intellectual property, these laws also protect against abuse of those rights where rights holders unjustifiably threaten competitors with infringement proceedings. The introduction of additional damages for flagrant unjustified threats under the recent Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) may benefit an alleged infringer who is not found to have infringed a valid patent. In particular, new section 128(1A) to the Patents Act 1990 allows additional damages to be awarded against a person for making blatant unjustified threats of infringing a patent. In cases where it is difficult to determine the loss and ordinary damages cannot be awarded, a court could award a nominal amount in compensation, but the difficulty lies in whether, in some cases, damages can be awarded at all. This raises the need to consider other legal avenues to address the issue of unjustified threats relating to patented inventions. In this paper we have identified four such other legal avenues being: specific provisions of the Australian Consumer Law; the misuse of market power provisions in s 46 Competition and Consumer Act 2010 (Cth); the duty of care and diligence in s 180 Corporations Act 2001 (Cth); and the law of joint tortfeasorship. Each of these potential legal solutions will be examined in turn however a comparison of remedies, or interactions with the laws of evidence, and exploration of costs are beyond the scope of this analysis. Further while we acknowledge that other Australian legislation provides a cause of action arising from the making of unjustifiable threats, such as in the Copyright Act 1968, the Trade Marks Act 1995, the Designs Act 2003 and the Circuit Layouts Act 1986, this paper is focused on the Patents Act 1990 only. [ABSTRACT FROM AUTHOR]

Responsibly managing research data has become increasingly important for researchers, especially within the database research community. Despite significant progress in best practices, the state-of-the-art in research data storage is lacking from a legal perspective. We introduce the stakeholders and the dynamic nature of their relationships (such as researchers changing affiliation) and observe that no existing infrastructure for research data storage fully meets their requirements. Therefore, we emphasize the need to design a comprehensive system architecture for research data storage that is aligned with legal considerations from the start, rather than as an afterthought. [ABSTRACT FROM AUTHOR]

The article discusses the challenges faced by the European Commission in enforcing antitrust laws in digital markets with network effects. It emphasizes the role of National Competition Authorities (NCAs) and private claimants in complementing the Commission's efforts, but acknowledges the constraints imposed by EU regulations. The article also explores the Digital Markets Act (DMA) and its aim to harmonize regulatory solutions at the national level. It compares the DMA with the German Act Against Restraints of Competition (ARC) and highlights differences in obligations and enforcement. The article concludes by suggesting the need for a more consistent approach that embraces diversity before harmonization. [Extracted from the article]

This paper examines the impact of trade secret laws on the underpricing of initial public offerings (IPOs) in the United States, where we focus on the Uniform Trade Secret Act and/or the inevitable disclosure doctrine. Given that trade secret laws help firms protect their know-how in the form of trade secrets, we propose that trade secrets protected by these laws may result in increased corporate opacity, leading to greater IPO underpricing. Empirically, the average first-day returns of IPOs in states with trade secret laws are 12.7% higher than those in states without such laws. Using the information disclosed in the 10-K report on whether the firm owns trade secrets, we suggest that the existence of trade secret laws enhances the protection effect of firm maintenance of trade secrets, which leads to greater IPO underpricing. Further analyses show that the effect of trade secret laws is reinforced for IPO firms operating in complex industries, IPO firms with R&D investments, and large IPO firms, suggesting that trade secret laws increase the difficulties investors face in assessing the intrinsic value of such firms. [ABSTRACT FROM AUTHOR]

Most consumers are scored by credit agencies. They do not know how, although they have a right to know. The right of access under GDPR requires disclosure of how personal data is processed. This includes revealing information about algorithms used to calculate score values for the creditworthiness of individuals, although there are frequent counter arguments. Contrary to further widespread claims, this does not conflict with the protection of trade secrets under European law. Nor can European regulations on intellectual property or freedom to conduct a business be invoked against making this information available. [ABSTRACT FROM AUTHOR]

Personal secrets are a ubiquitous fact of group life, but the conditions under which they are revealed have not been explored. In five studies, we assessed secret disclosure in groups governed by four models of human sociality (Communal Sharing, Equality Matching, Authority Ranking, Market Pricing; Fiske). In Studies 1a and 1b, participants indicated their willingness to disclose secrets in hypothetical groups governed by the models. In Studies 2a and 2b, participants rated how much a group in which they disclosed secrets or nonsecrets is governed by the models. In Study 3, participants indicated their disclosure of various types of secrets in Communal Sharing and Equality Matching groups to which they belonged. Across studies, disclosure was most strongly associated with Communal Sharing, followed by Equality Matching. Study 3 further showed that identity fusion predicted disclosure in these two kinds of groups. Implications for understanding disclosure of personal secrets in group contexts were discussed. [ABSTRACT FROM AUTHOR]

Hemp is a valuable crop with a wide range of use, from applications in foods and textiles to pharmaceuticals. Over recent years, the use of hemp as food and food ingredients has drastically increased. The growth is driven by numerous health benefits hemp possesses and its wide range of applications in the food industry. This review provides the scientific literature concerning the benefits of industrial hemp in the food industry. The relevant historical context of use, recent applications in the food industry, health benefits, various development challenges, and the global market outlook for hemp-based food products have been analyzed. Evidence suggests that today hemp is widely consumed as food or an ingredient in the food. Hemp-based foods are marketed as having various health benefits, although their reception by target consumers and success varies. Besides, scientific research on hemp-derived foods has dramatically increased over recent years. Numerous in vitro and in vivo studies have investigated the health benefits of hemp-based foods. Therefore, there is a promising growth trend in producing novel foods from industrial hemp. Nevertheless, due to health concerns related to THC, there is a general need for regulatory compliance when integrating hemp into foods to ensure product safety before use. [ABSTRACT FROM AUTHOR]

Imitation of the nomenclature of Mie Gacoan by Daun Kipas Café and Resto located in Langsa City with the name Mie Gacok along with imitation of its logo is a violation of trademark rights which is a violation of intellectual property rights. The imitation struggles to take advantage unilaterally. In this study, the author formulates the problem, namely how the conflict of trademark rights imitated between mie gacok and mie gacoan, legal protection of intellectual property rights in trademarks, and protection of trademark rights perspective Fatwa MUI Number: 1/MUNAS/VII/MUI/5/2005. This research uses empirical legal research methods somewhat easier for researchers in analyzing cases in the field. The results of the study proved that infringement of intellectual property rights on trademarks. This is considered an administrative criminal act that should be able to be pursued legally. In addition, according to MUI fatwa No. 1/MUNAS VII/MUI/15/2005 concerning Protection of Intellectual Property Rights, the actions of Gacok noodle owners against Gacoan noodles are acts that violate the provisions of MUI No. 1/MUNAS VII/MUI/15/2005 concerning Protection of Intellectual Property Rights which are illegal acts. In addition, MUI fatwa No. 1/MUNAS VII/MUI/15/2005 concerning Protection of Intellectual Property Rights is preventive protective and cannot protect repressively if it does not go hand in hand with Law Number 15 of 2001 concerning Trademarks and Law Number 28 of 2014 concerning Intellectual Property Rights. [ABSTRACT FROM AUTHOR]

One of the natural consequences of the development of technology is that an entrepreneur's confidential information, including trade secrets, is commonly stored in electronic files. This form of information storage inevitably entails challenges in the area of its protection. The coronavirus pandemic has drastically accelerated the process of dissemination of new models of employment, in particular remote (distance) work and cloud working, and has made the protection of an entrepreneur's secrets against unauthorised use even more complicated. This is due to the fact that in such models of employment, employees obtain access to their employer's data remotely, which may decrease the employer's level of control. To remedy this, employers may undertake various steps aimed at ensuring that their secrets are well protected; however, such actions may affect the free movement and mobility of workers. The purpose of this article is to verify how, in these circumstances, the measures provided for in EU law face the challenges of protecting an employer's secrets against unauthorised use by employees and how they define the scope to which they can be applied without the abuse of employees' rights and unjustified restrictions on their mobility. For that purpose, the author analyses in particular Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the Protection of Undisclosed Know-How and Business Information (Trade Secrets) against Their Unlawful Acquisition, Use and Disclosure. This research is based mainly on the dogmatic method of analysis. [ABSTRACT FROM AUTHOR]