Anne Flanagan

The law and computer crime: Reading the Script of Reform

This article explores the changes to the substantive criminal law that the Council of Europe Cybercrime Convention will require of its ratifying states. It further explores some of reasons that such changes are being sought and why such reform presents an enormous challenge given the different approaches and views on implementation as evidenced in recent proposals in the UK for reforms to the Computer Misuse Act and the EU`s proposed Framework Decision on `attacks against information systems`.

Defining ‘journalism’ in the age of evolving social media: a questionable EU legal test

This article explores an ECJ decision involving a question of first impression, the meaning of journalistic purposes under the Data Protection Directive. The article critiques the ECJs approach as overly broad, beyond the scope of ECHR jurisprudence to date, and without regard to impact on Member State law both within data protection regimes and other media law/constitutional traditions that are not within EU competence.

The Search for EU Boundaries: IPR Exercise and Enforcement as ‘Misuse’

Intellectual Property Law examines emerging intellectual property (IP) issues through the bifocal lens of both economic analysis and individual or social justice theories. This study considers restraints on IP rights both internal and external to IP law and explores rights disequilibria from the perspective of both the rationale of IP law and the interface with competition law. The expert contributors discuss the phenomenon in various contexts of patent, trade secret; and copyright, each a tool to incentivize the growth of knowledge beyond innovation and creativity.

E-Commerce: The Regulation of Insurance in the Age of the Internet

This is the authors version of a chapter subsequently published as Flanagan, A. (2012). E-Commerce: The Regulation of Insurance in the Age of the Internet. In Edward Elgar Publishing, Inc., Research Handbook on International Insurance Law and Regulation. Cheltenham, UK. nhttp://www.elgaronline.com/view/9781849807883.00034.xml n*This material is copyrighted and any download is for personal use only.*

Intellectual Property Law

Intellectual Property Law examines emerging intellectual property (IP) issues through the bifocal lens of both economic analysis and individual or social justice theories. This study considers restraints on IP rights both internal and external to IP law and explores rights disequilibria from the perspective of both the rationale of IP law and the interface with competition law. The expert contributors discuss the phenomenon in various contexts of patent, trade secret; and copyright, each a tool to incentivize the growth of knowledge beyond innovation and creativity.

Intellectual Property Law: Economic and Social Justice Perspectives: Introduction

592 Toward the end of Kapitalismus, the author briefly discusses the other-directed orientation of the entrepreneur with specific reference to Germany: “We need to produce things that no one else can produce and that are so good and desired that the whole world wants them. That we can do so has been demonstrated by our companies for decades” (174–75, my translation). This rings true, as Germany is, we know, economically more exposed to exports than the United States, and it is increasingly focused on the developing markets.