The Phenomenon of the Algorithm and Its Impact on the EU Legal System: an Attempt at a Multidisciplinary Approach

Stefano Dorigo,

Stefano Pietropaoli,

Ettore M. Lombardi,

Erik Longo

Published: Dec. 17, 2020

We are experiencing a digital revolution that is changing the very nature of law. Digital code becomes a form of regulation through which private actors link their values to technological artifacts that prove capable of conditioning their operations both on a material and moral level. But technological artifacts appear to be non-neutral means, reflecting choices of different nature, among which those of a political nature stand out. The more the regulatory provisions are implemented through the use of technologies, the more the codes acquire the status of a regulatory technique, which can be used both to define and incorporate regulatory …

Digitalizing Kazakhstan’s Courts: Keeping Up with the Times

Nail Akhmetzakirov

Published: Nov. 4, 2020

Digitalizing the court activity in the Republic of Kazakhstan

Confidentiality of Communications: What it Covers according to the Russian Judicial Practice

Nikita Danilov

Published: Nov. 4, 2020

Analysis of confidentiality of communications in Russian judicial practice.

Telemedicine: Current State and COVID-19 Lessons

Mikhail Zhuravlev,

Olga Blagoveshchenskaya

Published: Nov. 4, 2020

The pandemic is a watershed event that has prompted both an evaluation of the achievements of information and communications technology (ICT) and also a re-evaluation of the prospects for developing social processes compatible with ICT. Much has been already been accomplished in Russia and throughout the world. But in the current pandemic, telemedicine is facing new challenges. This article discusses the state of the art in telemedicine and the prospects for its development in the changing conditions wrought by the pandemic. Examples are provided of the solutions that telemedicine can offer in such a difficult period, and the risks due …

AI-Generated Inventions and IPR Policy During the COVID-19 Pandemic

Chhavi Sharma,

Reeta Sony

Published: Nov. 4, 2020

According to the World Health Organisation’s (WHO) official website for coronavirus, the disease has spread to approximately 214 countries and regions. While the disease is spreading mercilessly around the world, science and technology are giving it an equal fight. The pandemic is a test of governments’ medical capacity and their political will; it also raises several philosophical questions. It is a test of humans as a unit. A test of humanity as a whole. Artificial Intelligence (AI) is intended to imitate human cognitive functions. It will bring significant change to health care, driven by the growing accessibility of healthcare data …

E-Customs and Customs Regulation in the Russian Federation

Aleksander N. Kozyrin

Published: Nov. 4, 2020

The rapid development of information technologies and digitalization of the global economy is compelling the Russian customs service to quickly create an electronic customs system that can coexist alongside the traditional paper customs control. The creation of electronic customs aligns with the development strategies outlined in Presidential Decree No. 204 “On national goals and strategic development tasks of the Russian Federation through 2024” of 7 May 2018. Electronic customs contributes to the development of international cooperation, exports, and an attractive investment climate. The first results of electronic customs are impressive: more than a third of all customs declarations are registered …

The Inadequacy of Current Remedies for Violation of Data Subjects’ Rights and How to Fix it

Alexander Savelyev

Published: Nov. 4, 2020

The paper focuses on civil law remedies for violations of data subjects’ rights: claims for damages and claims for compensation of moral harm. Based on an analysis of academic literature, as well as of Russian and international case law, it is argued that, although these remedies are endorsed by the GDPR and other laws, they are inadequate and do not conform to the requirements for an “effective remedy” stipulated by major international legal documents on human rights. The main reasons are: 1) difficulties in proving the fact and the amount of a legally recognized category of damage because the typical …

When the Invented Becomes the Inventor: Can, and Should AI Systems be Granted Inventorship Status for Patent Applications?

Lindsey Whitlow

Published: Nov. 4, 2020

Artificial Intelligence (“AI”) systems have become vastly more sophisticated since the term was first used in the 1950s. Through the advent of machine learning and artificial neural networks, computers utilizing AI technology have become so advanced that a team of attorneys in the United Kingdom claim that their AI machine, DABUS, actually created patentable inventions. The team went so far as to file patent applications with the European Patent Office, the UK Intellectual Property Office, and the US Patent and Trademark Office. All applications named DABUS as the inventor. This sparked a heated debate within academic and legal communities that …