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Digital Law Journal

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Vol 3, No 2 (2022)
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ARTICLES 

8-24 2319
Abstract

The issues on applicable law in cases of infringement of the exclusive rights on the Internet are usually considered through the traditional approach, while the specifics of the Internet as a decentralized and cross-border network are not taken into account. This fact urges to critically rethink and update existing approaches on the applicable law. The subject of the study is the peculiarities of the law applicable to establishing the fact of infringement and the law applicable to the choice for remedies.

The author analyzes acts of various levels (including the Berne Convention, legislation of the European Union, the Russian Federation, Switzerland, the People’s Republic of China, soft law initiatives) and concludes that soft law initiatives contain proposals for more detailed regulation, but due to their nature they are not binding on the law enforcer. It is necessary to define the conditions which the choice of the country for which a person claims protection should correspond to. Thus, the plaintiff should choose the country where the resulting harm for that person is more significant. What is also important is to provide the parties with the opportunity to choose applicable law for remedies after the dispute occurs that will increase legal certainty of legal relations.

25-35 2123
Abstract

As well as streamlining academic research activities, contemporary technologies provide opportunities to infringe on the intellectual property of others through plagiarism. However, plagiarism has yet to be adequately dealt with in national legislations, which either do not contain any provision in this connection or fail to adequately define the relevant terms. Moreover, there continues to be much discussion as to what plagiarism is, as well as how and in what cases it should be punishable. The situation is further complicated by the various approaches to plagiarism and the lack of consensus on whether so-called “self-plagiarism” should be treated separately from the intentional infringement of other people’s intellectual property or be deemed as a form of plagiarism. With the aim of clarifying these questions, the authors of the present paper compare different approaches taken to the problem of plagiarism and consider some contemporary approaches to plagiarism detection.

36-50 3466
Abstract

Digital art is the result of creative activity practiced in the virtual space.

There is no unified concept of digital art in Russia, and there is no legislative consolidation of this term. In this regard, attempts to find an answer to what digital art is and what rights its acquirer has are topical issues of Russian legal science. At the same time, under the influence of technology, as a result of the development of the blockchain, new ways of handling digital art objects have appeared. The appearance of non-fungible tokens (NFT) causes a lot of legal problems. The study of these problems is the most important task for modern lawyers. The purpose of the study is to identify the legal qualification of digital art objects. In this regard, the author sets the task to study the structure of NFT as an object of civil law. The purpose of the article is also to identify potential risks for intellectual property rights holders when issuing NFT.

The methodology of this research is based on the use of a set of general scientific methods and specific methods of analysis used in legal science: system-structural method, system-functional, induction and deduction, analogy, method of formal logic and system approach. In particular, the dialectical method provides an opportunity to systematically explore the unity of social content and legal form of art objects in the digital space. The formal legal method makes it possible to form legal categories by highlighting the main features of phenomena related to research questions.

The author has made assumptions about the legal nature of digital art and NFT, as well as their place in the system of intellectual property law. The author has come to the conclusion that crypto art is one of the types of digital art. A specific feature of cryptographic art objects is that their emergence and existence is possible only in blockchain. As a result of the conducted research, it has been revealed that not all NFTs connected to art objects are crypto-art objects in digital commerce.

51-68 3984
Abstract

The article touches upon some problems of legal regulation of public procurement in two organizations — the European Union (EU) and the Eurasian Economic Union (EAEU). A wide EU experience in public procurement regulation could be helpful for the EAEU, as it is facing now the same problems as the EU did, for example the digitalization of public procurement.

Russian researchers often refer to European experience in order to find best practices, but the European experience in the legal regulation of public procurement is poorly examined by Russian authors. The aim of the study is to compare the process of digitalization of public procurement regulation in the EU and in the EAEU, highlight the EU instruments in this sphere which could be useful for the EAEU and point some common features and differences of the digitalization process in the sphere of public procurement in these organizations.

In the article the authors compare different fields of public procurement legal regulation in the EU and in the EAEU and both general and specific instruments of digitalization in the sphere of public procurement existing in the EU and in the EAEU. The study is based on the analysis of the EU law and legal precedents.

As a result the authors make a conclusion that some EU instruments of public procurement legal regulation could be applied in the EAEU or its member states law considering the difference in historical development of public procurement legal regulation of the organizations and positive experience of the EAEU member states.

69-82 1285
Abstract

Digitalization and the rapid development of society determine the need to adapt legislation and law enforcement practice to the requirements of the digital age. Antitrust policy is also changing and developing tools that allow timely response to the challenges of the digital economy. One such tool is behavioral economics, which is becoming increasingly important in today’s digital environment, and allows regulators to be flexible and contribute to the achievement of the main goals of competition law — to maintain a competitive state of the market and avoid the concentration of excessive power in the hands of one economic entity.

The practice of applying behavioral economics by antitrust authorities is becoming more extensive, as there is a large pool of data in the digital environment, including information about consumers, which can be used by companies to influence users, as well as lead to unfair competition. Thus, the paper will study the issue of using behavioral economics in terms of consumer choice by antitrust authorities in order to identify possible behavioral insights of consumers that affect the correct establishment of product markets and the identification of competition law violations by companies.

Applying the legal doctrinal approach, the descriptive method, and the comparative law method makes it possible to establish the issue’s relevance in different countries and the prospects and trajectories of the usage of behavioral economics in antitrust practice.

As a result of the study, a global trend has been established in the application of behavioral economics by antitrust authorities both in determining the boundaries of commodity markets and in detecting violations of antitrust laws. It is concluded that the use of such a tool will continue, as it contributes to the timely adaptation of existing antitrust laws to the challenges of the digital age, contributes to the achievement of competition law goals, and creates a thriving competitive environment.



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ISSN 2686-9136 (Online)