Shraddha Kulhari

Books and Monographs

Building-Blocks of a Data Protection Revolution: The Uneasy Case for Blockchain Technology to Secure Privacy and Identity (MIPLC Studies, 35), 1. ed., Nomos, Baden-Baden 2018, 62 pp. DOI

Reviews

Review of: Bryan Mercurio and Ronald Yu: Regulating Cross-Border Data Flows – Issues, Challenges and Impact. Anthem Press, London 2022. 94 pp. ISBN-13:978-1-83998-428-0, IIC 54, 3 (2023), 487 - 490. DOI

Research Papers

Data Governance in Emerging Economies to Achieve the Sustainable Development Goals. India Country Report Based on the Workshop Data Governance for Good Health & Well-Being: India's Way Forward to Achieving Sustainable Development Goal 3 (Bengaluru, September 8-9, 2022) (Max Planck Institute for Innovation & Competition Research Paper, No. 24-08), 2024, 31 pp. (together with Arul Scaria et al.).

• This report contributes towards making a preliminary assessment of data governance approaches with a pivot to Sustainable Development Goals in emerging economies with a focus on India. It draws on the insights gathered from bringing together various stakeholders at the workshop organized in Bengaluru. Written in the specific context of SDG 3, this report underscores the role of data governance for good health and well-being in India. Following a brief introduction to the project under which the report was produced, it is structured in four sections. Section 2 provides a detailed background on the selection of SDG 3 and India for studying data governance in emerging economies. Section 3 offers an overview of the existing legal framework for data governance in India. This section not only analyzes open data initiatives but also maps the judicial and legislative steps towards safeguarding personal data, while highlighting the ongoing efforts to legislate non-personal data sharing. Section 4 leverages insights from the workshop to analyse the roles played by the public sector, the private sector, and startups for ascertaining the scope of data governance in the Indian healthcare sector. Section 5 summarises the findings and emphasises the importance of a data governance framework for achieving the SDGs, particularly SDG 3 in India. The report concludes with a set of questions aimed at developing a research agenda to contribute to building a data governance framework in emerging economies such as India.
• Available at SSRN

Opinions

Position Statement of the Max Planck Institute for Innovation and Competition of 25 May 2022 on the Commission's Proposal of 23 February 2022 for a Regulation on Harmonised Rules on Fair Access to and Use of Data (Data Act), 2022, 124 pp. (together with Josef Drexl et al.).

• On 23 February 2022, the European Commission issued a Proposal for a Regulation on harmonised rules on fair access to and use of data (Data Act). The overarching objective of the Proposal is to ‘ensure fairness in the digital environment, stimulate a competitive data market, open opportunities for data-driven innovation and make data available for all’. The Institute hereby presents its Position Statement that features a comprehensive analysis of whether and to what extent the proposed rules might reach the envisaged objectives. It comments on all parts of the Proposal, including the new IoT data access and use right. Finally, the Institute offers a set of recommendations as to how the proposed provisions should be amended in the legislative process to align them better with the objectives of the Data Act.
• Position_Statement_MPI_Data_Act_Formal__13.06.2022.pdf
• Also published as: Max Planck Institute for Innovation & Competition Research Paper No. 22-05

Artificial Intelligence and Intellectual Property Law - Position Statement of the Max Planck Institute for Innovation and Competition of 9 April 2021 on the Current Debate, 2021, 26 pp. (together with Josef Drexl et al.).

• This Position Statement presents a broad overview of issues arising at the intersection of AI and IP law based on the work of the Max Planck Institute for Innovation and Competition research group on Regulation of the Digital Economy. While the analysis is approached mainly from a perspective de lege lata, it also identifies questions which require further reflection de lege ferenda supported by in-depth interdisciplinary research. The scope is confined to substantive European IP law, in particular, as regards copyright, patents, designs, databases and trade secrets. Specific AI-related issues are mapped out around the core questions of IP law, namely, the eligibility for protection under the respective IP regimes, allocation of rights and the scope of protection. The structure of the analysis reflects three key components of AI: inputs required for the development of AI systems, AI as a process and the output of AI applications. Overall, it is emphasised that, while recent legal and policy discussions have mostly focused on AI-aided and AI-generated output, a more holistic view that accounts for the role of IP law across the AI innovation cycle is indispensable.
• MPI_PositionPaper__SSRN_21-10.pdf
• Also published as Max Planck Institute for Innovation & Competition Research Paper No. 21-10

Comments of the Max Planck Institute for Innovation and Competition of 11 February 2020 on the Draft Issues Paper of the World Intellectual Property Organization on Intellectual Property Policy and Artificial Intelligence, 2020, 9 pp. (together with Josef Drexl et al.).

• WIPO AI Draft Issue Paper_Comments_Max Planck.pdf