NEWSLETTER-2017

385 MISCELLANEOUS data protection/data privacy law 8 . Since Industry 4.0 opens up new avenues for ransom software and data theft, the potential for cyber risk shall likely increase. Companies are targeted by so called ransom software in connection with concepts, such as virtualization, cloud computing and big data 9 . Because of the great importance of prevent- ing cyber-attacks, and learning how to deal with them, new business opportunities shall arise in the area of cyber security, and new cyber security solutions and regulations shall be introduced at the same pace as Industry 4.0 applications. It is also debatable whether it is possible to provide cyber security for all businesses, or not. It is clear that small businesses benefit from cyber security systems of big companies that they are suppliers of, but in the long run, effective solutions for cyber security must be made accessible to any company 10 . Within the scope of intellectual property law, there is also another issue to discuss. The question is: if a machine invents something new, can it be patented? Shall robots have ownership rights? Treating robots as inventors and encouraging the development of creative machines and self-learning robots would incentivize the creation of intellectual property. Although patent protection does not cover a robot’s inven- tion pursuant to new Turkish Industrial Property Law No. 6769, this may change. In the current situation, a machine’s owner should be the default assignee of any invention, both because this is most consis- tent with the rules governing ownership of property, and because it would greatly incentivize innovation. But where a computer’s owner, developer, and user are different entities, such parties could negotiate alternative arrangements through contract 11 . What happens when these machines and robots find themselves in a situation that is deemed to be disadvantageous? Yet we find out that another legal challenge of Industry 4.0 is how to deal with work 8 Please see: http://www.taglaw.com/ipit/4772-big-data-and-the-law-how-to-suc- cessfully-navigate-the-data-minefield.html (access date: 29.06.2017). 9 Please see: http://www.bbc.com/news/technology-40416611 (access date: 29.06.2017). 10 Please see: http://library.fes.de/pdf-files/wiso/12683.pdf (access date: 29.06.2017). 11 Please see: http://bclawreview.org/files/2016/09/01_abbott.pdf (access date: 29.06.2017).

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