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It is a great pleasure to introduce the new issue of JIPITEC – the Journal of Intellectual Property, Information Technology and E-Commerce Law – to its esteemed readers. Issue 10(1) marks the celebration of an important milestone for the journal, its 10th anniversary. The journal was founded in 2009 by Thomas Dreier (Karlsruhe), Gerald Spindler (Göttingen), and Axel Metzger (Berlin) with the help of the Deutsche Forschungsgemeinschaft (DFG). In the years following, the board of editors was enlarged as we welcomed Séverine Dusollier (Paris), Lucie Guibault (Halifax), Miquel Peguera Poch (Barcelona), Chris Reed (London), and Karin Sein (Tartu) as members. With the help of the new editors, JIPITEC has developed during its first ten years into a European journal with international aspiration. Since 2016, the Deutsche Gesellschaft für Recht und Informatik (DGRI) has supported JIPITEC as its main sponsor and partner of cooperation. Statistics show that visits to JIPITEC’s website have tripled in the last five years – from around 10,000 in 2014 to 30,000 in 2018. The majority of the readers in 2018 originated from the United States (13,961), followed by the United Kingdom (3,911), Germany (2,130), the Netherlands (1,023), and France (1,004).


JIPITEC is thus read and cited across Europe and beyond. It has just recently been included on HeinOnline and will soon be listed on Scopus, two major international publication and citation databases. Since 2009, JIPITEC has published three to four issues per year, comprising scientific peer reviewed articles, with occasional supplementary material, such as, political statements by academics, case notes and reports, as well as book reviews. The current issue shows how vibrant the scientific community of JIPITEC is today. Its editors received 17 article submissions for this issue – none of which were solicited actively. All the submissions have been reviewed by at least one (often two) expert(s) in the field in a double-blind peer review process. We are extremely grateful to our reviewers, all renowned experts in their field, who undertook the burden of quality control of the journal’s contents in the last ten years on a voluntary basis.


The contributions of issue 10(1) reflect the main areas of interest of JIPITEC over the last ten years. Daniel Gervais provides a broad overview of the challenges to the different types of intellectual property rights raised by big data and artificial intelligence (“Exploring the Interfaces between Big Data and Intellectual Property Law”). Tatiana Eleni Synodinou explains the still vague but practically very important concept of lawful use in European copyright law (“Lawfulness for Users in European Copyright Law”). In their paper, Mathew Heim and Igor Nikolic consider how the European FRAND access regime could be applied as a regulatory solution for dominant digital platforms (“A FRAND Regime for Dominant Digital Platforms”). Amélie Pia Heldt explores the human rights dimension of the use of filter technologies by intermediaries (“Upload-Filters: Bypassing Classical Concepts of Censorship?”). Begoña Gonzalez Otero evaluates the current initiatives of the European Commission to foster data sharing in the private sector with a special emphasis on data access for artificial intelligence training purposes (“Evaluating the EC Private Data Sharing Principles”). René Mahieu, Joris van Hoboken and Hadi Asghari examine the question of who is responsible for observing data protection obligations in networked service settings under the current European data protection rules (“Responsibility for Data Protection in a Networked World”). Maren K. Woebbeking explores how smart contracts can be situated within the traditional Western concept of contract law and how they differ from traditional contracts in the individual phases of a contract's life cycle (“The Impact of Smart Contracts on Traditional Concepts of Contract Law”).


We hope that the current issue will attract your attention and inspire your own scientific and practical legal work. Stay tuned to JIPITEC!



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JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law
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