Authors


Dayarathna, Rasika (Sweden, Sri  Lanka): Bridging the Knowledge Gap between Lawyers and Technologists: The Principle of Security Safeguards: Unauthorized Incidents

Dennis, Johanna K.P. (USA): Divergence in Patent Systems: How the United States’ Patent System Fails - A Discussion of Biotechnology Transgenic Animal Patentability and Patent Reform

Dima, Alina Mihaela; Miron, Dumitru and Paun, Cristi (Romania): Romanian Strategy of Euro adoption following the Slovenian success and the Hungarian failure

Eljetlawi, Ali Mohamed (Malaysia, Libya) and Bt.Ithnin, Norafida (Malaysia): Graphical password: Usable graphical password prototype

Flouris, Triant; Hayes, Paul, Pukthuanthong-Le, Kuntara and Walker, Thomas (USA): The International Aviation Insurance Regime in Times of Industry Uncertainty

Gangadharan, G. R. (Netherlands) and D’Andrea, Vicenzo (Italy): Service Orientation: Licensing Perspectives

Garon, Jon (USA): Reintermediation

Gillies, Peter (Australia): Colour in Branding: Asserting a Monopoly in a Colour for Marketing Purposes - The Cadbury-Darrell Lea Litigation

Griffin, Ronald (USA): A Prairie Perspective on Global Warming and Climate Change: The Use of Law, Technology and Economics To Establish Private Sector Markets to Complement Kyoto

Hou, Liyang (China, Belgium) and Parrilli, Davide Maria (Italy, Belgium): European SME Clusters under the Perspective of Taxation and Competition

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Bridging the Knowledge Gap between Lawyers and Technologists: The Principle of Security Safeguards: Unauthorized Incidents by Rasika Dayarathna, Stockholm University/ Royal Institute of Technology in Sweden.

Lehloenya

 

Rasika Dayarathna is a PhD candidate at the Department of System Science (DSV), Stockholm University/ Royal Institute of Technology in Sweden. He graduated from the University of Colombo in Sri Lanka in the field of Computer Science. After graduating, he entered the Law College of Sri Lanka for his legal studies. In 2003, he joined the University of Colombo School of Computing as a lecturer. He was awarded a SIDA/SAREC scholarship for his PhD studies in 2004. He enrolled as an Attorney-at- Law of the Supreme Court of Sri Lanka in 2006. He is a member of Sri Lanka Bar Association. He has published several papers on information security, information privacy, electronic payment system for developing countries and community laws.

Abstract

The principle of information security safeguards is a key information privacy principle contained in every privacy legislation measure, frame-work, and guideline. This principle requires data controllers to use anadequate level of safeguards before processing personal information. However, privacy literature neither explain what this adequate level is nor howto achieve it. Hence, a knowledge gap has been created between privacyadvocates and technologists. This paper takes a step to bridge this knowledge gap by presenting an analysis of how Data Protection and PrivacyCommissioners have evaluated the level of adequacy of security protec-tion given to personal information in selected privacy invasive cases. This study addresses both security measures used to protect personal information against unauthorized incidents and the use of personal information to protect informational and other assets. This analysis also lays a foundation for building a set of guidelines for data controllers on designing, implementing, and operating both technological and organizational measures use to protect personal information.

Divergence in Patent Systems: How the United States’ Patent System Fails - A Discussion of Biotechnology Transgenic Animal Patentability and Patent Reform by Johanna Dennis, Touro College, Jacob D. Fuchsberg Law Center.

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Johanna Dennis (B.A., 2002, Rutgers, the State University of New Jersey; J.D., 2005, Temple University, James E. Beasley School of Law; M.S., 2007, Johns Hopkins University), an Assistant Professor of Legal Process at Touro College, Jacob D. Fuchsberg Law Center, is a member of the Pennsylvania bar and a Registered Patent Attorney with the U.S. Patent and Trademark Office. She has clerked in the Superior Court of New Jersey, Appellate Division. She has taught in the first-year writing program at Touro and FAMU-Law, and has also taught Law and Medicine. Her research interests include Biotechnology and Patent Law, Teaching Methodologies and Pedagogy, Immigration and Nationality Law, and Food and Drug Law.

Abstract
While the United States’ patent system has no doubt provided valuable incentives to researchers to innovate, culminating in new discoveries, the same system has restricted the research it seeks to promote.  Part I of this article addresses the history and present state of the U.S. patent system.  In Part II, biotechnology transgenic animal patentability is discussed, with the ‘OncoMouse’ technology’s impact on major research initiatives as a model for why the U.S. patent system does not work.  Part III addresses proposed avenues for balancing the various purposes of patents as they relate to specifically to biotechnology research and medical inventions as a whole.

Romanian Strategy of Euro adoption following the Slovenian success and the Hungarian failure by Alina Mihaela Dima; Dumitru Miron and Cristi Păun. Academy of Economic Studies.

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Alina Mihaela Dima  (PhD) is lecturer at the Academy of Economic Studies from Bucharest, Business Administration department. The main fields of interest are: European Business Environment, International Affairs, Competition Policy, European integration. She graduated both economic and law faculties and she has a Ph D in economics starting from 2007. She has published various articles and analyses on European and Romanian competition cases in different journals and magazines and participated as a trainer and consultant in different programmes for multinational companies. She has presented various papers at national but also international conferences in Spain, Italy, USA and Greece.

 

 

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Cristian Paun is senior lecturer, Ph D at the Academy of Economic Studies from Bucharest, International Business and Economics Department. The main fields of interest are international finance, international financial management, international portfolio choice, innovation, R&D, European Integration. He graduated International Business and Economics Faculty for AES Bucharest. He published various articles and analysis related to his background. He activates as financial consultant for a private consulting office. He is also associated professor to other private and public universities from Romania and he is director of a national research grant and member of 15 national and international research projects. He is associated researcher to the Romanian Academy, the most important academic research institution from Romania.
   
Abstract
The monetary union undoubtedly brings about economic benefits to its members, fostering harmonious and powerful exchange partnerships, but there is, of course, a trade-off for all these. Thus, the adoption of the euro poses some challenges that do not outweigh the benefits stemming from it, but certainly make the timing of taking this step towards the absolute Economic and Monetary Union an essential issue. This paper presents the benefits and challenges that come along with the adoption of the euro, underlining that each country has to take advantage of its derogation clause and make sure that giving up their national currency for the stable and powerful euro does not lure them into a painful economic trap. The Maastricht requirements are analyzed, by emphasizing the aspects related to the Romanian economy. The comparative analysis between Hungarian and Slovenian cases may serve as guidelines in the economic preparation of Romania for EMU accession.
Graphical password: Usable graphical password prototype by Ali Mohamed Eljetlawi and and Norafida Bt.Ithnin, University Technology Malaysia.

Ali Mohamed Eljetlawi is an MSc student in Information Security   at the Faculty of Computer Science and Information Systems, Centre for Advanced Software Engineering (CASE), University Technology Malaysia.

 

 

 

 

Abstract
Recently, graphical passwords have become a viable alternative to the conventional passwords due to their security and usability features. However, there are very limited researches in classifying, analyzing and development of the graphical password techniques. In this paper, we will propose a new usable graphical password prototype of the recognition base graphical password. In this design we will focus on the usability features of the system to give new usable graphical password system.   
Graphical passwords schemes are an alternative authentication method of the conventional password scheme in which users click on images to authenticate themselves rather than type the conventional passwords as letters or numbers or mixed. This research aims to design and come out with a new usable graphical password prototype with the major important usability features. In this paper we will focus on implementation of the usability features on the new graphical password prototype design. This usability set includes the easy of use, memorize, creation, learning and satisfaction. Moreover, this work proposes to build a new system of graphical password system that provides promising usability features.
The International Aviation Insurance Regime in Times of Industry Uncertainly by Triant Flouris, Paul Hayes,  Kuntara Pukthuanthong-Le and Thomas Walker, Daniel School of Aviation Sciences at Daniel Webster College, Nashua, NH, USA.

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Triant Flouris is a Professor of Aviation Management and Dean of the School of Aviation Sciences at Daniel Webster College, Nashua, NH, USA.  His research interests include airline financial and strategic analysis, aviation economics, strategic management, aviation business modeling, and international aviation policy. Triant is on the editorial board of the Journal of Air Transportation, the International Journal of Professional Aviation Training and Testing Research, and the Journal of Aviation Security Management a reviewer in several transportation and aviation journals, and the author of three books, one on EU industrial policy, one on aviation strategic management, and one on aviation project management. He is also co-editor of a book on international aviation policy.  He is currently finishing a book under contract on strategic project management. He has published numerous academic journal articles on several topics in aviation management, several book chapters, articles appearing in aviation encyclopedias, and several technical reports and short articles.

Abstract
The aviation industry has been hard hit in recent years. While there are numerous factors that have contributed to the industry’s dilemma, rising and volatile insurance premiums – particularly after the events of 9/11 – have posed a particular problem for many airline managers. Despite a general trend for accident rates involving commercial passenger airplanes to decrease as aviation technology has advanced over the years and airplanes have become safer, the aviation insurance market has been far from stable. This paper provides an overview of how the aviation insurance industry works and how it has changed in recent years. We take a look at how the risk is spread between insurers, how insurers treat deliberate acts of violence and, lastly, how insurers price the risk. Our paper shows that the aviation insurance market has undergone considerable changes in recent years and that it has adjusted to the post 9/11 aviation insurance realities being reasonably ready to handle events of an even more catastrophic magnitude.

The principle of information security safeguards is a key information privacy principlehnological and organizational measures use to protect personal information.

Service Orientation: Licensing Perspectives by G.R. Gangadharan, Telematica Institute, Enschede and Vincenzo D'Andrea, University of Trento.

Dr. G.R. Gangadharan is a research scientist at the Telematica Institute, Enschede, The Netherlands. His research interests include Service Oriented Computing, Free and Open Source Systems, Intellectual Property Rights, and Business Models for Software and Services.

 

Prof. Vincenzo D'Andrea is an associate professor at the University of Trento, where he teaches Information Systems. His research interests are mainly located on the interface between the technological perspective and the sociological one. Recent topics of interest includes virtual communities, service oriented computing, free and open source licensing, and participatory design.

Abstract
Services proliferate in myriad domains, with their seamless potentiality, raising new issues such as the need to articulate rights and obligations associated with services. The current research on services insights primarily on the aspects of technology and sparsely focuses on business and intellectual values associated with services. Service licensing is a promising way to manage the normative aspects of the relationship between service consumers and service providers. Conceptualizing service licenses and making them in machine interpretable form would promote broader usage of services. In this paper, we analyze and formalize service licensing clauses and unambiguously describe a service license in machine interpretable form.
Reintermediation by Jon Garon, Hamline University School.

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Jon Garon (B.A. University of Minnesota; J.D. Columbia University School of Law) is a nationally recognized authority on intellectual property, particularly copyright law and entertainment and media law. When he joined Hamline University School of Law as Professor and Dean of the School of Law on July 1, 2003, he brought fifteen years of practicing and teaching law to the Hamline community. He also served as Interim Dean of the Graduate School of Management in 2005-06.  On July 1, 2008, Professor Garon returned to the Hamline faculty as Professor of Law after stepping down from his position as Dean. After a year-long sabbatical during which Garon will lecture internationally in locations including China and Israel, he will return to the Hamline classroom in 2009.From 1988 to 1989, Garon worked at Shea & Gould and a successor firm Myerson & Kuhn in Los Angeles, California, specializing in entertainment law, film financing, and recording agreements, business formation, and copyright and trademark licensing. From 1990-1993, he ran a solo practice in Laguna Beach, California, where he practiced a wide range of entertainment, corporate, and real estate law. From 1994-1996, he worked for Hawes & Fischer, in Newport Beach, California, facilitating growth of entertainment law, and negotiating and drafting software, multimedia, development, and music agreements.He began teaching full time in 1993, when he became a professor at Western State University College of Law in Orange County, California. There he taught all aspects of intellectual property, entertainment, and business law. He served as chairperson on the curriculum committee, and served as founding president of the Western State Law Foundation. From 1996 to 1998, he served as Associate Dean of Academic Affairs. From 1999 to 2001, he was on the Dean's Advisory Board, and from 1998 to 2001, he was a member of the Entrepreneurial Law Center Advisory Board. In 2000, he joined the Franklin Pierce Law Center in Concord, New Hampshire, where he taught intellectual property, entertainment, and business law until joining Hamline as Professor and Dean of the School of Law in 2003.While in New Hampshire, he served as Chairperson of the New Hampshire Film Commission and worked at the law firm of Gallagher, Callahan, and Gartrell, where he remains an of counsel member of the firm. He has extensive practice experience in the areas of entertainment law, business planning, copyright, software licensing, data privacy and security, and trademark. 

Abstract
In my presentation and short article, Reintermediation, I plan document the leading strategies being utilized by companies to re-assert their relevance in the value proposition for their clients and the consequences of these new business models on intellectual property law, privacy rules, and influences on judicial contract interpretation.

In Philip Evans and Thomas Wurster bestselling book, Blown to Bits (Harvard Business Press 1999), the authors documented how the Internet’s informational flow fundamentally reshaped the relationships between consumers and retailers. Described as “disintermediation,” they postulated that the inverse relationship between the richness and reach of content was eliminated by the extremely low transaction costs associated with providing consumers highly rich content through digital media. The Internet eliminated the need for middlemen to provide expertise. The book anticipated and highlighted the erosion of intermediary service providers, and its projections have largely proven correct.

Over the past two years, companies such as Apple, Amazon, Netflix, Google and Second Life have looked beyond the physical distribution of their products to identify opportunities to expand both richness and reach, significantly increasing the relevance of these companies to their customers. In each case, these companies have adopted reintermediation strategies, focused on creating an essential role for the business beyond serving as a source of the product of service. Reintermediation strategy utilizes contracting strategies, consumer data information, and structural business approaches to encourage additional steps in the consumer transaction which build an ongoing relationship between the enterprise and the consumer.

While reintermediation is predominantly a business strategy designed to overcome the pressures of Internet commoditization and digital piracy, the practice will have significant influence on privacy policy, intellectual property law, and contracting practice. My presentation will focus on the transition from the pre-digital economy and the disintermediation in the past decade to the emergence of the new reintermediation strategy, with an analysis of the intellectual property laws, privacy rules, and contract interpretations predicted by the strategy.

Colour in Branding: Asserting a Monopoly in a Colour for Marketing Purposes - The Cadbury-Darrell Lea Litigation by Peter Gillies, Macquarie University, Sydney.

Lehloenya

Peter Gillies (MA, LLM (Sydney), PhD (NSW); Solicitor, New South Wales) is a Professor and the Director of Postgraduate Studies (Coursework), Law Division at Macquarie University, Sydney. He is the author of numerous books and papers in the fields of international trade law, commercial law, environmental taxation, criminal law and evidence. His most recent book is (with Gabriel Moens), International Trade: Law, Business and Ethics, 2nd edn, Routledge-Cavendish, Oxon, 2006. Editor of the Macquarie Journal of Business Law.

Abstract

This paper reviews the litigation between Cadbury and Darrell Lea concerning the use of the colour purple in marketing chocolate products in Australia. At the time of the conduct in question, Cadbury had not registered uses of the colour purple as trade marks, and indeed Cadbury has yet to succeed in registering purple, given Darrell Lea's continuing opposition. The litigation concerned unsuccessful actions in passing off and pursuant to ss52 and 53(c) and (d) of the Trade Practices Act, in which Cadbury in substance sought to maintain a monopoly over a shade of the colour purple in retailing chocolate. The general principles governing the use of and legal protection of colour in marketing are commented upon, as are the utility and limitations of expert evidence in this class of case.

A Prairie Perspective on Global Warming and Climate Change : The Use of Law , Technology and Economics To Establish Private Sector Markets to Complement Kyoto by Ronald Charles Griffin, Washburn University.

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GRIFFIN, RONALD CHARLES, law educator; b. Washington, Aug. 17, 1943; s. Roy John and Gwendolyn (Points) Griffin; m. Vicky Tredway, Nov. 26, 1967; children: David Ronald, Jason Roy, Meg Carrington. BS, Hampton Inst., 1965; JD, Howard U., 1968; LLM, U. VA., 1974. Bar: DC 1970, US Supreme Ct. 1973, Kans. 1986. Asst. corp. counsel Govt. of D.C., 1970; asst. prof. law U. Oreg., 1974-78; assoc. prof. law Washburn U., Topeka, 1978-81, prof. law, 1981-. Vis. prof U. Notre Dame, 1981-82; vis. scholar Queen's U., Kingston, Ont., Canada, 1988; dir. Coun. Legal Ednl. Opportunity Summer Inst., Gt. Plains Region, 1983; grievance examiner Midwest region EEOC, 1984-85; arbitrator consumer protection complaints NE Kans. Better Bus. Bur., 1989-; commr. Continuing Legal Edn. Commn. Kans., 1989-95; external examiner Sch. Law U. Limerick, Ireland, 2004-05; vis. prof U. Ghana, Legon, 2006. Contbr. articles to legal jours. Churn., bd. dirs. Brown Found., 1996-99, Midwest People of Color Legal Scholarship Conf., 2003-05; delegate People to People Ambassador Prog., Global Climate Change & Environ. Sci. in People’s Republic of China, 2007. With JAGG US Army, 1970-74. Named William 0. Douglas Outstanding Prof of Yr., 1985-86, 1994-95; fellow, Parker Sch. Fgn. and Comparative Law. Columbia U., 1981; Rockefeller Found. grantee, Howard U., 1965-68, Kline Sabbatical Rsch. grantee, Japan, 1985. Mem.: ABA, Ctr. States Law Sch. Assn. (pres.-elect 1987, pres. 1987-88), Kans. Bar, Phi Beta Delta, Phi Kappa Phi.

Abstract

The Great Plains blankets eight states. It’s dotted with oil patches, public utilities, farms, ranches, feed lots, meat-packing plants, medium size cities, military bases and tiny towns feeding on agricultural activity. The question is: what can leaders do for a desperate and aging population in a global warming environment to bring full employment to the region. This paper explores opportunities to capitalize upon environmentally friendly farming practices and agricultural waste to produce jobs, money, commercial opportunities, marketable sod, fertilizers, methane, electricity, and securities (from the Chicago Climate Exchange) as answers for this question. The paper recounts the use of man made wetlands to sequester CO2; byproducts from coal fired power plants; landfill methane; methane digesters, and soil carbon projects to arrest heat and contribute to the campaign against global warming.

European SME Clusters under the Perspective of Taxation and Competition by Liyang Hou and Davide Maria Parrilli, Katholieke Universiteit Leuven.

 

 

Liyang Hou obtained his law degree (Hons.) at the Beijing Institute of Technology (Beijing) in 2001 and his Master of Law (Hons.) at the China University of Politics and Law (Beijing) in 2004. In 2007 he earned his LLM degree (magna cum laude) at the Katholieke Universiteit Leuven (Belgium) with a specialisation in European Union law in 2007. Currently he is a PhD candidate at Faculty of Law, K.U.Leuven and a legal researcher at the Interdisciplinary Centre for Law and ICR (ICRI) – IBBT, K.U. Leuven. His main field of interest covers electronic communications regulation and EC competition law. More information about him can be found at http://law.kuleuven.be/icri/people.php?id=127.

 

 

 

 

Davide Maria Parrilli obtained his law degree at the University of Padova (Italy) in 2005 with a final thesis on International and Comparative Taxation ('The Regime of Transfer Pricing under Italian and Brazilian Law'). In 2006, he took his LLM (cum laude) in International and European Business Law at the University of Tilburg (The Netherlands) with a final dissertation in the area of company law (the European and Italian legal framework as regards the defences that public companies can adopt in case of hostile takeover bid). In 2007 he obtained a specialisation degree in Labour Law ('The Labour Law under Transformation') at the University of Padova (Italy). Now he is working at ICRI – IBBT, KULeuven. His research areas are focused on business, including taxation, contracts and intellectual property rights, in the area of Grid computing and SME clusters. He has attended a number of conferences and has a number of publications to his credit. Davide speaks Italian (mother tongue), English, French, Portuguese (fluently), Spanish and Dutch (intermediate level). More information about him can be found at http://law.kuleuven.be/icri/people.php?id=123.

Abstract
The scope of the article is to analyse to what extent some traditional tools developed in the area of tax and competition law for big companies can be applied to SME clusters in order to promote their development. The focus of the research, in particular, will be, on one side, on group taxation and, on the other side, on the EU competition provisions in the field of dominant positions and mergers, as well as anti-competitive agreements. Thanks to examples coming from some European countries, in particular Italy, and an accurate literature and legislation review it will be showed that the extension of group taxation and the non expansion of competition legal tools to SME clusters are efficient way to promote their growth and development.