Volume 1, Issue 2, June 2004
Issue DOI: 10.2966/scrip.010204
Welcome to the second issue of SCRIPT-ed. This is the list of contents:
| Editorial |
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| Peer-reviewed articles |
- The
Cult of Celebrity and Trade Marks: the next instalment
Gillian
Davies, pp.230-240
In response to
the increasing use of registered trade marks by celebrities to protect
their names from exploitation, the UK Trade Marks Registry has recently
issued guidance on registration of "famous names". This article seeks to
examine the implications of the guidance in light of the existing
legislative framework for registration of a personal name and recent
judicial developments, together with examples of some famous names that
have been granted registered protection.
- An
analysis of the Icelandic Supreme Court judgement on the Health Sector
Database Act
Dr Renate Gertz, pp.241-258
Six years after the Icelandic Health Sector
Database Act came into force, the Supreme Court of Iceland as court of
appeal was asked to give a judgement on the constitutionality of the
Act. The appellant had unsuccessfully applied to the Director General of
Public Health to prevent the transfer of her deceased father’s medical
records to the Health Sector Database. The court of first instance, the
Reykjavik District Court, dismissed the case for lack of legal standing.
The Icelandic Supreme Court decided that the appellant had legal
standing due to the fact that from the data related to hereditary
characteristics of her father information about the plaintiff herself
could be inferred. The Icelandic Supreme Court further discussed privacy
and data protection issues with regard to the Health Sector Database,
coming to the conclusion that the one-way encryption system was a
sufficiently safe mechanism for data protection, but that due to the
richness of data to be entered into the Health Sector Database,
individuals could be identifiable.
- From
Laws for Cyberspace to Cyber Laws (literally): Integration of Legal
Norms into Internet Protocols &Law for Closed Digital Management
Communities
Nicholas J Gervassis, pp.259-271
This paper is an introductory summary of a
large-scale project, which I first outlined in more detail during the
assessment for my Masters degree and is currently under development. It
describes what I call the “Cyber Law Protocol”, an automatic system
capable of enforcing legal rules into networking operations.
- A
Comparative Study of Copyright and the public interest in the United
Kingdom and China
Tang Guanhong,
pp.272-300
This paper aims to
study the public interest in copyright law on a comparative basis,
mainly between the United Kingdom (UK) and the People’s Republic of
China (China) in order to help the development of Chinese law in this
respect.
- Universal
Service, the Internet and the Access Deficit
John Huntley,
Nick McKerrell and Shaista Asghar, pp.301-334
This paper is concerned with the universal
provision of telecommunications services. It is argued in this paper
that universal service is no longer entirely driven by social inclusion
imperatives, but is also increasingly driven by emerging governance
imperatives. The focus of this paper is on Internet access in general.
The debate has moved on since the empirical work for this project was
carried out and is more clearly focused on access to
broadband.
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| Analysis |
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| Book Reviews |
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