Intellectual Property, New Technologies and Platform Applications (Program)
- Department: Intellectual Property Department
Formal aspects
Start date: April 22, 2021.
Workload: 80 h, distributed in 14 classes of 4 h and 24 h of asynchronous resources.
Day and time: every Thursday from 17:00 p.m. to 21:00 p.m. (GMT-3).
Format: online.
Certificate: the Faculty of Law of the Universidad Austral The Academic Certificate of Completion for the “Program: Intellectual Property, New Technologies and Platform Applications” will be issued to those who meet the corresponding promotion requirements. This certificate is a university extension course for professional development and is not a university degree, title, or diploma.
Presentation
The program analyzes the challenges presented by new technologies and their regulation, such as the complex contractual structure of platform applications and the implications for various legal disciplines. This contractual structure is not limited to the contract with the user and the service provider, but also includes the relationship with the app store (for example, Google Play or the Apple App Store) and the various contracts that arise from these relationships. The course covers all these topics with a theoretical-practical approach, enabling the reader to understand both the business models and their corresponding legal and contractual aspects.
Objectives
To have a proper understanding of the regulatory framework of intellectual property and its interrelation with other legal disciplines in the field of information technologies.
To interpret harmoniously the rules that apply to criminal, labor, tax or other legal disciplines and intellectual property conflicts.
To be familiar with relevant local and international case law on these matters.
To learn about the new business models that have emerged from the evolution of technology and that are based on intellectual property (blockchain, virtual currencies, platforms, etc.).
Recipients
Legal professionals, economists, entrepreneurs, engineers, scientists, technicians, creatives, public officials and those responsible for technology transfer offices.
Content
Platform applications, electronic contracting and intellectual property
Underlying contractual framework for platform applications. Different types of platforms: (i) content distribution platform; (ii) marketplace; (iii) delivery platform. The platform application as organizer of a system of related contracts. Contracts with the end user, with service providers, and with app stores (Android, iOS, Windows). Relevance of the adopted licensing scheme. Application of Law 11.723. Regime of related contracts.
Civil liability of platform applications
General legal framework and consumer protection. Platform applications as technological intermediaries. Civil liability for content hosting. Civil liability for content indexing and search results. Civil liability for interactions between users of e-commerce platforms. Extended civil liability between users and "independent providers." Local and international legal doctrine and jurisprudence. Application of consumer protection regulations. The technological divide in consumer relations on digital platforms.
Labor issues related to platform applications
Platform work. The challenge of defining the service provided by platform applications. The distinction between underlying and secondary services. Characterization of service provision under Argentine labor law. The impact of platform applications from the perspective of general labor law principles. Blocking access as a disguised form of dismissal. The right to digital disconnection. The global situation.
Cybercrime
Classification of cybercrimes. Platform applications as organized spaces for committing crimes. Local and international case law. Criminal investigation based on public intelligence (OSINT). Protocols for action and cyber-patrolling on platforms. Importance of the Budapest Convention.
Constitutional framework for platform activity. Freedom of expression on platforms
Constitutional aspects related to platform activity. Disruptive activity and the right to equality in relation to regulated activities (Uber, Airbnb cases, etc.). Classification of platform activity from a regulatory perspective. Value gap. Platforms' position in relation to freedom of expression. Constitutional framework. The Twitter and Parler cases.
Relevant tax issues
Complex aspects related to the taxation of platform activity. Problems: Modification of traditional tax rules. Specific situation of cryptocurrencies.
Protection of personal data in platform applications
Application of the regulatory framework for privacy and personal data protection to platform applications. Problems arising from the multiplicity of contracts and database transfers. Mass data processing (big data), use and commercialization of users' personal data for purposes other than the contracted service.
Use and protection of trademarks on platforms
Trademark infringements on platforms. Self-regulation. Protection programs. Scope, validity, and enforceability against trademark owners and users. Local and international case law.
Procedural aspects related to platforms
Litigation issues involving platforms. Multiple parties. Identification. Procedural alternatives. Early evidence and preliminary proceedings. Precautionary measures. Independent precautionary measures. Their proper application.
Platform applications and the financial system. Digital banking and fintechs
Distinction between digital banking and fintechhs. Areas of operation for each. Regulatory frameworks and interaction. Interoperability. Differences in their contracts with users. Open Banking systems. International trends (European regulations). Situation in Argentina.
Specific platforms: Regtech, Edutech, Insurtech, Legaltech, video games
The platforms in particular. Explanation of each business model.
Teachers
Gustavo Atta
Carola Bottini
Carlos Camps
Carlos Forcada
Romina Iannello
Esteban Kulik
Julio Lalanne
María Cecilia Magariños
Ricardo Porto
María Gimena Rabinad
Gustavo Schötz