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Abstract: This paper analyzes the criteria for applying the essential facilities doctrine to intellectual property rights and the possibility of applying it in cases where Big Data is the alleged essential facility. It aims to answer the research question: ‘‘What are the specifics of the intellectual property criteria in essential facilities cases and are these criteria applicable to Big Data?’’ It points to the semantic openness of the ‘‘new product’’ and ‘‘technical progress’’ conditions that have been developed for assessing whether an intellectual property right constitutes an essential facility. The paper argues that the intellectual property criteria are not applicable in all access to Big Data cases because Big Data is not necessarily protected by copyright. While a set of Big Data could be protected by copyright if certain conditions are met, even in such cases the lack of intrinsic value of Big Data significantly limits the applicability of the intellectual property criteria.
Keywords: essential facilities doctrine, intellectual property rights, big data, new product condition, technical progress condition
Published in DKUM: 11.04.2024; Views: 224; Downloads: 16
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Abstract: The increasing number of network-shaped domains calls for the use of graph database technology, where there are continuous efforts to develop mechanisms to address domain challenges. Relationships as 'first-class citizens' in graph databases can play an important role in studying the structural and behavioural characteristics of the domain. In this dissertation, we focus on studying the cardinality constraints mechanism, which also exploits the edges of the underlying property graph. The results of our literature review indicate an obvious research gap when it comes to concepts and approaches for specifying and representing complex cardinality constraints for graph databases validated in practice. To address this gap, we present a novel and comprehensive approach called the k-vertex cardinality constraints model for enforcing higher-order cardinality constraints rules on edges, which capture domain-related business rules of varying complexity. In our formal k-vertex cardinality constraint concept definition, we go beyond simple patterns formed between two nodes and employ more complex structures such as hypernodes, which consist of nodes connected by edges. We formally introduce the concept of k-vertex cardinality constraints and their properties as well as the property graph-based model used for their representation. Our k-vertex model includes the k-vertex cardinality constraint specification by following a pre-defined syntax followed by a visual representation through a property graph-based data model and a set of algorithms for the implementation of basic operations relevant for working with k-vertex cardinality constraints. In the practical part of the dissertation, we evaluate the applicability of the k-vertex model on use cases by carrying two separate case studies where we present how the model can be implemented on fraud detection and data classification use cases. We build a set of relevant k-vertex cardinality constraints based on real data and explain how each step of our approach is to be done. The results obtained from the case studies prove that the k-vertex model is entirely suitable to represent complex business rules as cardinality constraints and can be used to enforce these cardinality constraints in real-world business scenarios. Next, we analyze the performance efficiency of our model on inserting new edges into graph databases with varying number of edges and outgoing node degree and compare it against the case when there is no cardinality constraints checking. The results of the statistical analysis confirm a stable performance of the k-vertex model on varying datasets when compared against a case with no cardinality constraints checking. The k-vertex model shows no significant performance effect on property graphs with varying complexity and it is able to serve as a cardinality constraints enforcement mechanism without large effects on the database performance.
Keywords: Graph database, K-vertex cardinality constraint, Cardinality, Business rule, Property graph data model, Property graph schema, Hypernode, Performance analysis, Fraud detection, Data classification
Published in DKUM: 10.08.2022; Views: 771; Downloads: 90
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Abstract: Biopharmaceuticals are one of the most important recent medical innovations which revolutionised many areas of medicine. Dynamic development of the market for biopharmaceuticals in recent years is related to the expiration of the IP exclusive rights on original innovative biological medicinal products. This has resulted in introduction to the market of biosimilars. One of the greatest challenges concerning the emergence of biosimilars is modifying the law to ensure balance between the market development of biosimilars and access of patients to biological therapy. The development of biopharmaceutical inventions works hand in hand with the patent system. It should be underlined that IP rights in the biopharmaceutical sector are crucial for promoting innovation due to the very long time of product development. It is exactly the area in which patents make sense to fill the gap between innovation and the risk of imitation. However, the existing patent system is too expensive and slow for biotechnology development. It should be further adapted to the needs of biopharmaceuticals.
Keywords: biopharmaceuticals, biologic medicinal product, IP exclusive rights, innovation, intellectual property
Published in DKUM: 15.01.2021; Views: 970; Downloads: 66
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Abstract: The main aim of this paper is to identify the underlying reasons for the cyclical nature of the Hungarian housing market, in particular the business cycles, the construction, and market participants’ expectations. Our research was conducted based on analysis of statistical data and of the housing market indices. As a result, it can be stated that cyclic behaviour of the housing market may be explained primarily with business cycles, but state subsidies and mortgages also affect the variations. Accordingly, the increasing lending and the high amount of subsidies can generate a price bubble. The supply of second-hand dwellings looks more flexible compared with that of new ones. However, the expectations of market operators do not have a demonstrable effect on the housing market.
Keywords: property market, housing market cycles, asset price bubble
Published in DKUM: 10.10.2018; Views: 1600; Downloads: 134
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Abstract: Copyright is an absolute intellectual property right. Historically it is of territorial nature. One of the central issues of copyright is the remuneration of authors. A copyright confers to its holder a legal monopoly comprising certain economic rights that are granted for pecuniary consideration. The economically most efficient way of management of copyright's pecuniary consideration is the collective management. However, collective management covers due to territorial nature of copyright only territory of a certain state. In competition law that might be considered as a monopoly by collecting societies limited to borders of states, in other words there are issues of a possible abuse of a dominant position.
Keywords: copyright, common law, droit d'auteur, civil law, collective management, intellectual property rights, dominant position, abuse of a dominant position, principle of solidarity, copyright related market, search market
Published in DKUM: 01.08.2018; Views: 1300; Downloads: 320
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