| Editorial |
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| Peer-reviewed articles |
- The Cult of Celebrity and Trade
Marks: the next instalment
Gillian Davies, pp.230-240
In response to the increasing
use of registered trade marks by celebrities to protect their names from
exploitation, the UK Trade Marks Registry has recently issued guidance
on registration of "famous names". This article seeks to examine the
implications of the guidance in light of the existing legislative
framework for registration of a personal name and recent judicial
developments, together with examples of some famous names that have been granted
registered protection.
- An analysis of the Icelandic Supreme
Court judgement on the Health Sector Database Act
Dr Renate Gertz, pp.241-258
Six years after the Icelandic
Health Sector Database Act came into force, the Supreme Court of Iceland
as court of appeal was asked to give a judgement on the
constitutionality of the Act. The appellant had unsuccessfully applied
to the Director General of Public Health to prevent the transfer of her
deceased father’s medical records to the Health Sector Database. The
court of first instance, the Reykjavik District Court, dismissed the
case for lack of legal standing. The Icelandic Supreme Court decided
that the appellant had legal standing due to the fact that from the data
related to hereditary characteristics of her father information about
the plaintiff herself could be inferred. The Icelandic Supreme Court
further discussed privacy and data protection issues with regard to the
Health Sector Database, coming to the conclusion that the one-way
encryption system was a sufficiently safe mechanism for data protection,
but that due to the richness of data to be entered into the Health
Sector Database, individuals could be identifiable.
- From Laws for Cyberspace to Cyber
Laws (literally): Integration of Legal Norms into Internet Protocols
&Law for Closed Digital Management Communities
Nicholas J Gervassis, pp.259-271
This paper is an introductory summary of a large-scale
project, which I first outlined in more detail during the assessment for
my Masters degree and is currently under development. It describes what
I call the “Cyber Law Protocol”, an automatic system capable of
enforcing legal rules into networking operations.
- A Comparative Study of Copyright and the public interest in
the United Kingdom and China
Tang Guanhong, pp.272-300
This paper aims to study
the public interest in copyright law on a comparative basis, mainly
between the United Kingdom (UK) and the People’s Republic of China
(China) in order to help the development of Chinese law in this respect.
- Universal Service, the Internet and
the Access Deficit
John Huntley, Nick McKerrell and Shaista Asghar,
pp.301-334
This paper is concerned
with the universal provision of telecommunications services. It is
argued in this paper that universal service is no longer entirely driven
by social inclusion imperatives, but is also increasingly driven by
emerging governance imperatives. The focus of this paper is on Internet
access in general. The debate has moved on since the empirical work for
this project was carried out and is more clearly focused on access to
broadband.
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