Browsing by Subject "E-commerce"
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(2022)There has always been an imbalance between a small buyers and professional sellers. Understanding and managing the market ecosystem for ones’ advantage requires resources. Given the larger amounts of resources professional seller parties often possess, especially compared to small buyers, they have the possibility to find out the key elements of prevailing market ecosystem, and correspondingly understand and utilize better the existing options. Hence professional sellers often have the upper hand in trade negotiations and ability to dominate trade related negotiations and terms of trade. There is a demand for a different kind of trading approach that would provide quickly better temporary or permanent bargaining position for small buyers. Small buyers could benefit from a functional, scalable, international, and effective way to access and form legally qualified buyer groups that can gain negotiation leverage and correspondingly discounts that usually only a large buyer organisation can access. Fundamental challenges in grouping parties in order to obtain leverage in trade negotiations culminates in how to first identify and group different parties into buyer groups and then to define the rights and responsibilities between the group members. It becomes evident that technology, such as an online platform, is required to perform such a procedure. The platform is a plug-and-play business model that allows multiple participants (e.g. small buyers and professional sellers) to interact with each other and create and exchange value. This thesis will present core concepts and regulation related to digital grouping of buyers into buyer groups in the EU. With the information obtained, a Buyer Grouping Process Framework, sort of an algorithm, is developed. This Framework provides a way to efficiently group buyers with similar demand, and then to define appropriate legal entity under which buyers can group, conduct bidding, and make desired trade with a leverage and consequently with better terms.
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(2016)The research focuses on the roles and responsibilities of online intermediaries in respect to illegal content uploaded by their users. Online sale of goods infringing intellectual property rights (IPR) will be the main topic of the research. European legislation on the responsibility of online intermediaries established the so called “safe harbour” shielding intermediaries from liabilities for the conduct of their users. This system allowed internet companies to thrive but at the same time it is exploited by some users to abuse IPRs. During the last decade and a half many legal and non-legal researchers have looked at how intellectual property owners fight back against illegal content. In practice, notices of infringements are sent to online intermediaries requesting to takedown the infringements. The latter should respond quickly to maintain their legal immunity. This extrajudicial system causes various hazards and as main critics claim it also lacks transparency and accountability. Information on procedures, notices and decision making by online intermediaries operating marketplaces are not publicly disclosed. Within this context the research first looks at main weaknesses of the current legal framework, and then investigates how policy makers could change notice and takedown procedures to safeguard all competing interests. Information gained by the author’s direct experience in protecting IPRs on online marketplaces will be used to help propose a possible new legal classification of infringement notices and their requirements.
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