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La tutela delle invenzioni nel sistema OMC: esclusiva brevettuale e valori emergenti nella comunità internazionale
In: Pubblicazioni della Facoltà di Giurisprudenza, Università di Macerata
In: Ser. 2 133
IL DMA (DIGITAL MARKETS ACT) TRA TUTELA DELLA CONCORRENZA E PROTEZIONE DEI DATI PERSONALI
Digital markets present very peculiar characteristics, which have determined a strongly oligopolistic structure of the market. This structure has produced several harmful consequences, both on the functioning of the market and on the development of new businesses and new products. In this context, many competition regulators have studied the best ways to apply antitrust rules to digital markets. However, at the moment, the attempts have not produced the desired effects. The application of competition rules in this specific market sector is, in fact, particularly complex, because the same concepts developed by the doctrine and jurisprudence of product price, voluntary concertation between operators, definition of the relevant market, are extremely difficult to identify. In this context, the approach now attempted by the European Commission, which is trying to introduce specific ex ante regulation of online platforms, gives hope for a partial solution to the problem, provided that the proposal is applied jointly to antitrust legislation and to that aimed at protecting personal data. This approach would allow, on the other hand, to disseminate the necessary knowledge and would end up laying the foundations for the creation of an effective European digital market.
BASE
Intelligenza artificiale e dati personali
ARTIFICIAL INTELLIGENCE AND PERSONAL DATA The European Commission, on April 21, 2021, adopted a legislative proposal of a regulation on artificial intelligence. This proposal was formulated after a long preparatory work, in which all the political institutions of the EU have been involved. The proposal does not intend to interfere with the regulatory framework for the protection of personal data (regulation 2016/679). However, there appears to be some overlap between the two sources of EU law. These overlaps concern the principle of consent, the so called minimization, the pseudoanonymization, the improper use of involuntary discriminatory biases and the right to the explanation of the outcome of a specific system of artificial intelligence. The author tries to overcome the overlaps and the disharmonies due to the cumulative application of the two sources of EU law (reg. 2016/679 and the future regulation on AI), but it would be better for the European legislator to clarify how to solve the difficulties discending from the application of the GDPR to artificial intelligence systems.
BASE
Article 35- Public Policy
Il lavoro analizza l'incidenza della clausola di ordine pubblico nella regolamentazione delle successioni internazionali
BASE
Verso una legislazione europea su mercati e servizi digitali
In: Collana di studi sull'integrazione europea 47