The CCPA: A Bargain for Data Transparency
Sonia Brunstad The California Consumer Privacy Act (CCPA), amended by the California Privacy Rights Act (CPRA), aims to increase consumer transparency regarding businesses’ use of personal data. Within the bargained-for-exchange relationship between companies and consumers, consumers benefit from data-collecting platforms while unknowingly paying the “price” of sharing personal data. The CCPA assumes that equipping consumers with increased transparency regarding such data-for-service transactions will place consumers in a better bargaining position. In so doing, the CCPA adopts an individualist framework, providing consumers with primarily self-management mechanisms to protect personal data. This essay argues that legislation such as the CCPA may more...
Utility Models and Their Comparison with Patents and Implications for the US Intellectual Property Law System
Hans-Peter Brack European Patent Office (EPO) practice, guided by the European Patent Convention (EPC) is in many aspects very similar to Europe’s national patent practice, such as the German patent law. In this article, the US practitioner is briefly reminded of some of the considerable differences between US Patent and Trademark Office (USPTO) patent prosecution practice and its European counterparts, primarily the EPO. The utility model is highlighted and discussed using the patent laws of Germany as a case study for comparison. Additionally, this paper examines the potential benefits of utility model protection in the US, as well as what...
An Analysis of the Video Game Regulation Harmonization Effort in the European Union and Its Trans-Atlantic Chilling Effect on Constitutionally Protected Expression
Kyle Robertson Video games have become a prominent pastime for both children and adults in the United States (U.S.) and across the European Union (EU). Today, individuals are spending more time and money on electronic entertainment than ever before. In addition to similar video game consumption habits, violent, pre-meditated murders by video game players have stunned both the United States and Germany. As a result, legislators in both countries have taken action in attempts to restrict minors’ access to violent video games. The results have widely differed between the two countries, with the United States electing to treat video games...