This paper looks into the relationship between freedom of expression and IP, particularly copyrig... more This paper looks into the relationship between freedom of expression and IP, particularly copyright and trade mark which generally and largely concern visible expressions communicated to the public, to see how they coexist with or rival each other through the lens of the laws of Hong Kong and the UK, with reference to the EU laws applicable to the UK.
Through the lens of Hong Kong Personal data (Privacy) Ordinance, and its comparison with the rele... more Through the lens of Hong Kong Personal data (Privacy) Ordinance, and its comparison with the relevant laws in the United Kingdom, European Union and Australia. Given the paper is based on the Hong Kong law, there are some recommendation to the Hong Kong authorities which, however, may be useful for laws of other jurisdictions for reference.
Digital divide is a phenomenon which causes inequalities in many aspects, particularly human righ... more Digital divide is a phenomenon which causes inequalities in many aspects, particularly human right enjoyments, and this study is to attempt identifying its current position and potential solution within the existing human rights legal framework in global sense with the analysis mainly through the lens of European laws with United Nations' papers to support.
At first glance, the centralisation-focused EU GDPR and the decentralisation-based blockchain tec... more At first glance, the centralisation-focused EU GDPR and the decentralisation-based blockchain technology appear to be the opposite of each other.
This study's result indicates that, although they are practically incompatible in various aspects, there is hope to reconcile them in future as their underlying objectives do not necessarily conflict with each other, and in fact are not completely incompatible.
This paper investigates blockchain’s applicability and potentiality to transform today’s economy ... more This paper investigates blockchain’s applicability and potentiality to transform today’s economy by identifying relevant legal and moral issues through business practices nowadays and reasonably constructed hypothesis, with recommendations of how to continue maturing blockchain in compliance with the law and consistent with the commonly recognised moral values. Whilst blockchain is powerful, highly versatile and capable of transforming different aspects in different industries, this new technology appears incompatible with certain existing important laws, leading to the harm of public interests at large, and its rapid development is arguably a significant contributor to global warming. Policymakers and lawmakers are called to revisit the existing “real world” laws and policies and take appropriate actions before it is too late.
This paper looks into the relationship between freedom of expression and IP, particularly copyrig... more This paper looks into the relationship between freedom of expression and IP, particularly copyright and trade mark which generally and largely concern visible expressions communicated to the public, to see how they coexist with or rival each other through the lens of the laws of Hong Kong and the UK, with reference to the EU laws applicable to the UK.
Through the lens of Hong Kong Personal data (Privacy) Ordinance, and its comparison with the rele... more Through the lens of Hong Kong Personal data (Privacy) Ordinance, and its comparison with the relevant laws in the United Kingdom, European Union and Australia. Given the paper is based on the Hong Kong law, there are some recommendation to the Hong Kong authorities which, however, may be useful for laws of other jurisdictions for reference.
Digital divide is a phenomenon which causes inequalities in many aspects, particularly human righ... more Digital divide is a phenomenon which causes inequalities in many aspects, particularly human right enjoyments, and this study is to attempt identifying its current position and potential solution within the existing human rights legal framework in global sense with the analysis mainly through the lens of European laws with United Nations' papers to support.
At first glance, the centralisation-focused EU GDPR and the decentralisation-based blockchain tec... more At first glance, the centralisation-focused EU GDPR and the decentralisation-based blockchain technology appear to be the opposite of each other.
This study's result indicates that, although they are practically incompatible in various aspects, there is hope to reconcile them in future as their underlying objectives do not necessarily conflict with each other, and in fact are not completely incompatible.
This paper investigates blockchain’s applicability and potentiality to transform today’s economy ... more This paper investigates blockchain’s applicability and potentiality to transform today’s economy by identifying relevant legal and moral issues through business practices nowadays and reasonably constructed hypothesis, with recommendations of how to continue maturing blockchain in compliance with the law and consistent with the commonly recognised moral values. Whilst blockchain is powerful, highly versatile and capable of transforming different aspects in different industries, this new technology appears incompatible with certain existing important laws, leading to the harm of public interests at large, and its rapid development is arguably a significant contributor to global warming. Policymakers and lawmakers are called to revisit the existing “real world” laws and policies and take appropriate actions before it is too late.
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Papers by Brian A Ho
Given the paper is based on the Hong Kong law, there are some recommendation to the Hong Kong authorities which, however, may be useful for laws of other jurisdictions for reference.
This study's result indicates that, although they are practically incompatible in various aspects, there is hope to reconcile them in future as their underlying objectives do not necessarily conflict with each other, and in fact are not completely incompatible.
Given the paper is based on the Hong Kong law, there are some recommendation to the Hong Kong authorities which, however, may be useful for laws of other jurisdictions for reference.
This study's result indicates that, although they are practically incompatible in various aspects, there is hope to reconcile them in future as their underlying objectives do not necessarily conflict with each other, and in fact are not completely incompatible.